Fundamental Rights

Question 1

Explain the difference between expressed rights and implied right in the constitution

Answer 1

Expressed rights are written down.

Implied rights are put in by the court; Article 40.3 personal rights

Question 2

Where in the constitution do we find implied rights?

Answer 2

Under Article 40.3, Personal Rights

Question 3

All rights are absolute true or false; explain

Answer 3

False. Can be interfered with for the common good

Question 4

Is there a right to privacy in the constitution? And where is it in the constitution?

Answer 4

Yes. Under article 40.3

Question 5

What case established the right to privacy?

Answer 5

Murtagh

Question 6

When can my privacy be inferred with

Answer 6

For the common good e.g. Public order

Question 7

Is there a right to freedom of expression in the constitution? Where is it in the constitution?

Answer 7

YES

Expressed right in article 40.6.1

Question 8

What special function does the constitution give to organs of the media?

Answer 8

Duty to inform the public and criticize the government. E.G. RTE

Question 9

Is there a right to life in the constitution? Who does it apply to?

Answer 9

Yes

Only to born people/ citizens

Question 10

What did repeal of the 8th amendment refer to?

Answer 10

The removal of the right to life of the unborn from our constitution

Question 11

Is there a right to death in the constitution; explain

Answer 11

No; Although you have a right to die a NATURAL death. Eg Reaward of court. Article 40.3

Question 12

Is there a right to travel in the constitution?

Answer 12

Yes. Implied right. Eg Lennon v Ganley

Question 13

How is the constitution guarantee of equality limited

Or How does the constitution reduce equality?

Answer 13

Age (Drinking/Driving) , Morality, Social Function

Question 14

What guarantee does the state give regarding family?

Answer 14

Guarantee to protect the family based on marriage with special care.

Question 15

Do I have a right to work? Explain;

Answer 15

No, I have the right to earn a livelihood. The right to apply to a job. Implied right. E.g Women bar workers, Murtagh Properties Ltd. v Cleary

Question 16

What does the constitution say about religion?

Answer 16

The right to practice religion and will not endow (Favour) one religion over another. Expressed right

Question 17

Tell me about the right to fair procedures;

Answer 17

Everyone who has the power to make decisions about us must use fair procedure. Must act fairly in accordance to social justice. Right to appeal. Implied right. E.g. Garvey Vs Ireland.