Freedom of Association Flashcards
where is the freedom of association provided for in the constitution?
Article 40.6.1 (iii) – State guarantees liberty for the exercise of the right of the citizens to form associations and unions, subject to public order and morality.
what was stated in the case of Equality Authority v Portmarnock Golf club regarding the freedom of association
The right to associate is a existing natural right, inhering in human kind by virtue of its rational and social being and is essential to the exercise of various other rights…,right of association is a constitutionally protected right but the right to hold a social license is not
is freedom of association absoulute?
Freedom of Association is not absolute and can be limited by public order and morality
what are the facts of Educational Company v Fitzpatrick & Ors - right to disassociate
Defendants were members of a trade union who wanted to force nine employees to join their trade union. When the employees refused, the defendants went on strike to protest this. Issue was whether this was constitutional.
Kingsmill Moore J held that ‘a right to form associations and unions is only intelligible where there is an implicit right to abstain from joining such associations or unions… a person shall not be coerced, at any rate by legislative action, into joining an association which he is not willing to join.’
what are the facts of Tierney v Amalgamated society of Woodworkers? - a union cannot be coerced into accepting a member
Plaintiff sought a declaration that he was qualified for membership of the defendant union and on order directing it to accept him as a member. Budd J in the HC held that it is ‘of the essence of voluntary organisation that the members and they alone, should decide who should be their fellow-members. Otherwise the element of ‘voluntariness’ ceases to exist.
what are the facts of Murphy v Stewart? - a union cannot be coerced into accepting a member
Here Murphy wished to change unions. However, the union he wished to join would not accept him without consent from the union he was leaving. Argued under Educational Company that this meant Murphy was forced to stay in a union he wished to leave. Walsh J in the SC held that ‘the real barrier and the effective barrier to the plaintiff’s entry into [the new union] is the decision of that union not to take him without consent of his former union.’ Held that the trade union had not infringed any constitutional right of the plaintiff.
What are the facts of Rogers v Irish Transport and General Workers Union - Participation and negotiation
Finlay P held that ‘it is a necessary corollary of the right to join and become a member of a trade union that the right must extend to taking part in the democratic processes provided by [the trade union] and in particular to taking part in the decision-making processes within the rules of the trade union.’
Finlay P went on to comment that the right to participate could be restricted by the rules of a particular union i.e. to vest decision-making power in certain matters in the hands of delegates rather than to vest decision-making power in the assembly as a whole.
