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Article 41.2 (Women in the home) - Irish Examiner opinion piece a 1st year law student could have written better.


corelli

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Jun 13, 2007
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Article 41.2 (Women in the home) - Irish Examiner opinion piece a 1st year law student could have written better.

Today's article, by a Victoria White, who is new to me, cause me much myrth just now when I read it, "it", having just being re-tweeted by David Quinn.

The nation

I won't go into the finer detail, which is a bit of a rant about the Constitutional Convention not knowing who some obscure "women in the home" orginisation was, and wanting it to be gender neutral, as the Women's Council and the Iona institute wish for, etc etc.

Of course, the vast thust of the piece concentrates on the, aparrent, deserved special position of the woman in the home, and, in the third last paragraph, has the usual right wing rant about "feminists" and forcing people out of the home to work if they don't want to go. Notwithstanding the hysteronics involved, there is one, simple, basic, legal point that would have saved her ink and what brain power went into writing the article. It is this.

Article 41.2 has, NO LEGAL EFFECT WHATSOEVER. It's purely aspirational and cannot be litigated.

If it is of assistance, the seminal case, an equity matter, is, L v L [1992] 2 IR 77. The Supreme Court held that the article was simply a statetment of principle, that it was for the legislature to flesh it out and that the article gave rise to NO ENFORCABLE RIGHT against the State whatsoever.

Now, any 1st year law student, if she had been minded to show it to them, would pointed out that glaring fact to the author and saved us all the vague bother of being confronted by such a piece of nonsense.
 

Astral Peaks

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Will you take this up with the letters page of the Examiner, Corelli?

Seems like something worth doing.

Also, if it is so incompetent (and I don't doubt you for a second) what was David Quinn doing retweeting it?

He isn't normally stupid or naive.
 

Radix

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Aug 31, 2010
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The Constitution speaks also of the special place of Gardai in the State; a person who murders a member for example serves a longer prison sentence than one who murders someone else.

You talk about aspirations in a disparaging way, but the Constitution is full of aspirations as a direction for the legislature and the judiciary.
 

Astral Peaks

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You probably know of her husband, who apparently leads a political party.
Is that the same Victoria White?

I wondered, but thought no, she couldn't be that silly......
 

Red_93

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Mar 20, 2010
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The Irish version, which has a higher status than the English one, actually uses the word 'teaghlach' meaning family.
 

EvotingMachine0197

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Feb 17, 2006
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Does one even need to be a first year law student to know the difference between constitutional provisions and statutory legislation?
 

homemaker412

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Feb 15, 2013
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I would like to thank Victoria White for bringing to my attention the fact that we Homemakers are even mentioned in the constitution! Aspirational or otherwise I feel strongly that this article should remain (albeit amended to be gender-neutral and include carers) to highlight the value of the unremunerated role that homemakers contribute to society. This is my first post, it feels good to have a voice!
 
A

asbol

I would like to thank Victoria White for bringing to my attention the fact that we Homemakers are even mentioned in the constitution! Aspirational or otherwise I feel strongly that this article should remain (albeit amended to be gender-neutral and include carers) to highlight the value of the unremunerated role that homemakers contribute to society. This is my first post, it feels good to have a voice!
Your voice will be somewhat drowned out by the regular braying on P.ie but welcome. I agree with you btw.
 

Mushroom

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Nov 27, 2009
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In yesterday's column Vicky reveals that Eamon and she indulge in role playing and hints that he is a complete tiger in the sack!

Surely it would be very wrong of us to deprive her of such a lusty mate by sending him to Europe?
 
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