What would you suggest if the 8th amendment is removed?

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ger12

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What would you suggest if the 8th Amendment is removed?

In the thread below (also posted in current affairs) there's lots of discussion on whether the 8th Amendment should be repealed.
http://www.politics.ie/forum/current-affairs/250424-repeal-8th.html

In this thread could we please have posters suggestions as to what should happen in the event of the 8th Amendment being removed from our constitution.

What legislation would you like to see introduced in relation to abortion? Would you restrict abortion for say sex selection or late term abortions?

And is it actually possible to restrict abortion if, as another poster has suggested (hat tip to parentheses), there is any attempt to limit the mother's right to an abortion (it might be considered unconstitutional - Privacy and Bodily integrity - like in the U.S.).

Perhaps amending rather than removing the 8th amendment should be explored?


/MOD : thread closed and redirected to here/
 
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stopdoingstuff

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I think that for every Irish abortion performed, the father should be compensated the for missing out on the trip to Old Trafford that he would have been able to take when forced to go to England with his girlfriend.
 

gleeful

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In the thread below (also posted in current affairs) there's lots of discussion on whether the 8th Amendment should be repealed.
http://www.politics.ie/forum/current-affairs/250424-repeal-8th.html

In this thread could we please have posters suggestions as to what should happen in the event of the 8th Amendment being removed from our constitution.

What legislation would you like to see introduced in relation to abortion? Would you restrict abortion for say sex selection or late term abortions?

And is it actually possible to restrict abortion if, as another poster has suggested (hat tip to parentheses), there is any attempt to limit the mother's right to an abortion (it might be considered unconstitutional - Privacy and Bodily integrity - like in the U.S.).

Perhaps amending rather than removing the 8th amendment should be explored?
The solution is quite simple. The constitution is not the place for laws on medical procedures. Move it to normal law and let the Dail decide.

After that, I think France has the right system. Under 12 weeks its by choice of the mother. After that, only for serious medical complications and fatal fetal abnormalities.
 

ger12

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The solution is quite simple. The constitution is not the place for laws on medical procedures. Move it to normal law and let the Dail decide.

After that, I think France has the right system. Under 12 weeks its by choice of the mother. After that, only for serious medical complications and fatal fetal abnormalities.
France has a civil law system.

In Ireland and the U.S. we have a common law system. So the French regime may not be possible if any legislation to restrict abortion is challenged under our constitution (like Roe V's Wade in the U.S.).

Bearing that in mind, would you rather replace our 8th amendment than inadvertently allowing for a U.S. regime?
 

ger12

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Also while the U.K. have a common law system, they don't have a written constitution so they can legislate as they please.

So the U.S. is the best comparator.
 
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Also while the U.K. have a common law system, they don't have a written constitution so they can legislate as they please.

So the U.S. is the best comparator.
So any repeal of the 8th could lead to PPA.

I'll be voting to retain the 8th as it stands.
 

ger12

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So any repeal of the 8th could lead to PPA.

I'll be voting to retain the 8th as it stands.
Well posters talk about a U.K. regime or a French regime but the closest comparator is the U.S., a common law system with a constitution.
 

Calvin J. Hamilton

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There will be a referendum and the majority will clearly vote to retain the 8th, theres no demand for repeal 8th apart from a very vocal minority who think by shouting very loud they will drown out logic and reason and humanity.


Even among the AAA-PBP supporters and members the majority dont support abortion, it was only made a party policy by using sneaky and underhand methods
 

gleeful

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France has a civil law system.

In Ireland and the U.S. we have a common law system. So the French regime may not be possible if any legislation to restrict abortion is challenged under our constitution (like Roe V's Wade in the U.S.).

Bearing that in mind, would you rather replace our 8th amendment than inadvertently allowing for a U.S. regime?
There is zero chance of a 'roe vs wade' decision in Ireland because that case was based on a very narrow wording of the US constitution regarding privacy. In any case, Ireland is much better at fixing our constitution once issues are uncovered by the Supreme Court. In Ireland we amend our constitution almost every year, but in the US the last time they did so the process took two centuries.

See - https://en.wikipedia.org/wiki/Twenty-seventh_Amendment_to_the_United_States_Constitution
 

talkingshop

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In the thread below (also posted in current affairs) there's lots of discussion on whether the 8th Amendment should be repealed.
http://www.politics.ie/forum/current-affairs/250424-repeal-8th.html

In this thread could we please have posters suggestions as to what should happen in the event of the 8th Amendment being removed from our constitution.

What legislation would you like to see introduced in relation to abortion? Would you restrict abortion for say sex selection or late term abortions?

And is it actually possible to restrict abortion if, as another poster has suggested (hat tip to parentheses), there is any attempt to limit the mother's right to an abortion (it might be considered unconstitutional - Privacy and Bodily integrity - like in the U.S.).

Perhaps amending rather than removing the 8th amendment should be explored?
Add a clause to what is already there saying -

"This subsection shall not prevent the state from providing by law for terminations of pregnancy in the first 12 weeks of gestation or in cases where there is a fatal foetal abnormality or a substantial threat to the life or physical health of the pregnant woman".
 

razorblade

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Let women decide for themselves what they want to do with their own bodys obviously.
 

ger12

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There is zero chance of a 'roe vs wade' decision in Ireland because that case was based on a very narrow wording of the US constitution regarding privacy. In any case, Ireland is much better at fixing our constitution once issues are uncovered by the Supreme Court. In Ireland we amend our constitution almost every year, but in the US the last time they did so the process took two centuries.

See - https://en.wikipedia.org/wiki/Twenty-seventh_Amendment_to_the_United_States_Constitution
That's not true.

The Pro-Life Amendment Campaign (PLAC) was founded in 1981 to campaign against a ruling in in Ireland similar to Roe.
 
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ger12

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Add a clause to what is already there saying -

"This subsection shall not prevent the state from providing by law for terminations of pregnancy in the first 12 weeks of gestation or in cases where there is a fatal foetal abnormality or a substantial threat to the life or physical health of the pregnant woman".
You'd favor a referendum to replace/alter the current amendment rather than removing the 8th? And if the only option was to remove it, would you?
 

talkingshop

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You'd favor a referendum to replace/alter the current amendment rather than removing the 8th? And if the only option was to remove it, would you?
I'll answer you, but first, what do you think of my proposed amendment? You started the thread looking for suggestions, I've given one, any comments? :)
 

ger12

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I'll answer you, but first, what do you think of my proposed amendment? You started the thread looking for suggestions, I've given one, any comments? :)
I'm not sure that an amendment with abortion up to 12 weeks would pass tbh (despite the polls).

Would you be concerned that simply removing the 8th could result in a U.S. regime?
 

Ellen Ripley

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Add a clause to what is already there saying -

"This subsection shall not prevent the state from providing by law for terminations of pregnancy in the first 12 weeks of gestation or in cases where there is a fatal foetal abnormality or a substantial threat to the life or physical health of the pregnant woman".
Or rape-don't forget rape..

All of which would render the 8th Amendment and it's 'equal right to life' wording effectively meaningless.
 
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