Abortion law ‘may be unconstitutional’

Dear Editor,

On March 7 th 2018 the Irish Supreme Court delivered a landmark unanimous ruling that the unborn has no rights other than the right to life in the Eighth Amendment.

On May 28th 2018, it is proposed to hold a referendum to retain or repeal the eight amendment and if repealed, replace it with insertion of the wording “provision may be made by law for the regulation of termination of pregnancies” in the Irish Constitution.

Is it possible there may be a conflict between the High Court ruling and the clause “provision made by law for the regulation of pregnancies”? Regulation will mean allowing or prohibiting abortion relating to certain conditions being fulfilled or not, such as elapsed period of the pregnancy (12 weeks is suggested) or serious abnormalities of the foetus or rape, incest and other reasons to be determined by law.

Is it possible that such laws, should they limit, refuse or reject applications for abortion, may be found to be conferring “rights” on the unborn child in conflict with the Supreme Court recent ruling?

Could such reasoning mean law restricting abortion or conferring right to life until birth on the unborn, may be found unconstitutional?

Furthermore, is it possible that if the referendum to repeal the eight amendment is approved and inability to regulate abortion through Government legislation proves to be a reality, Ireland might have the most liberal abortion laws in the world with no regulation or restriction whatsoever possible, apart from those relating to the health and safety of the prospective mother?

The forthcoming Referendum proposes removal of the only right, which is to life, of the unborn without any reduced right or safeguard being substituted. The right, if removed, will be replaced by provision for unspecified Government legislation on abortion.

This declaration is not dissimilar to what applies without specification to all aspects of legal jurisdiction, provided the legislation is constitutional. There is a distinct possibility that any abortion law, if it can be construed to confer rights on the unborn, may be unconstitutional. It behoves the Irish People and the Government to ascertain without doubt that regulation of termination of pregnancy may be possible in this country before removing the one and only regulation applicable at present.

Regards,