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Con Law 2 > Religion > Flashcards

Religion Flashcards

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1
Q

What article refers to religion

A

Article 44

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2
Q

Who are the protections of religion for ? State cases that prove this.

A

Not confined to christianity
Quinn’s supermarket v AG
McGee v AG
Campaign to separate church v state- reference to special position of Roman Catholic Church was a statement of fact and didn’t imply privilege
Conway v independent newspapers

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3
Q

What’s the role of the court in determining religious doctrine/ ethos.
State cases that prove thus

A

General position- will not make claims on what a religion entails
Conway- article 44 imposes duty on state to respect religion and doesn’t make it an arbitrer of religious truth
Re employment equality bill- allows preferences to be made in employment for certain religions if it’s to maintain ethos of company
McNally- article 44- duty on state to respect and honour religion

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4
Q

What is privelleged communications

A

Convo between 2 ppl one tries to make other give evidence or relay that convo in court but other asserts privilege

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5
Q

Name and explain cases on communications and religion

A

Cook v caroll- unlawfully seduced, trying to get priest to say what convo said, he asserts privilege, held in contempt of court, appeal said that common law view on privilege gone now and it existed between clergy and parishioner and can’t waive that right

ER v JR- couple counselling sesh for non parisioner, said privilege exists between pries and non paris. priest tried to assert privellege, privilege is on part of person being counselled

Johnson v Scientology church

MM V CM- church tribunals are privelleged

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6
Q

Offensive things to religion, what’s state duty?state case

A

State duty to prevent offensive conduct towards religion
Tara prospecting v minister for energy

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7
Q

Article 44.2.1- freedom of religious practice ? What word and cases

A

Freedom of conscience
McGee- said they made conscientious decision for family planning- rejected saying freedom of conscious only applied to religion

AM v Refugee tribunal- expanded scope of protection- said freedom of conscience is implied right under article 40.3.2

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8
Q

Article 44.1 requires that the state respect religion, what does that entail. State case

A

Ensure that if a law of general application goes against religious beliefs, law is amended or exception is made to allow for religious group to practice religion freely.

Quinn’s supermarket v AG

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9
Q

Is freedom of religion an absolute right?
What are the 3 limitations to freedom of religion?

A

No it’s subject to public order and morality
Legislation/ statutory provisions
Protecting autonomy of religious denomination
Medical cases where religion is prohibiting medical practice

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10
Q

Leg and statutory provisions.
State cases

A

Draper v AG- malicious destruction of property.
Murphy v IRTC- broadcasting of ressurecrion advertisement
AG v Damache- trying to prevent deportation order cuz prison goes against him as Muslim

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11
Q

Protecting religious denomination

A

McNally- regulating sale of mass cards

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12
Q

Medical cases and religion

A

JM v St Vincent’s hospital
Fitzpatrick v FK
Re Baby AB v D

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13
Q

What do judges rent to do on matters of religious endowment and discrimination? State case

A

Tend to favour religious practice over regulating endowment and disc:
Quinn supermarket

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14
Q

Decisions of esscketial authorities

A

McGrath v maynooth- prohibition on religious discrimination aims to prevent ppl from not being able to practice their religion freely

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15
Q

Treatment of religious institutions under equality law

A

Re employment equality bill

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16
Q

Parental rights to rear children in accordance with religious beliefs
State cases

A

Greally v minister for education
Campaign to separate church from state

17
Q

Article 44.2.2 prohibits religious endowment, what is religious endowment

A

Campaign to separate church from state
Religious endowment is the enriching of property or providing permanent income to an individual or group
One off payments is not endowment

McGrath v maynooth- state paying for maynooth not as endowment as maynooth is a college of Ireland and not a religious building

18
Q

Concurrent endowment prohibited

A

Re employment equality bill
Campaign to separate church from state-

19
Q

State funding of denominal education

A

Campaign to separate church from state

20
Q

What is the difference between religious instruction and religious education?

A
21
Q

Article 44.2 and it’s controversy

A

Authorising the state to support parents
Controversial provision only applies to comprehensive schools- 2 denominations that it concerns are Roman catholic and church of Ireland schools
Amounts to discrimination cuz it doesn’t recognise any other side religious school

22
Q

Who does endowment and religious discrimination concern . State the fase

A

State and not private parties

23
Q

What article is discrimination

A

44.2.3

24
Q

Anti semitism

A

Schmehel v gross
Controversial decision by gavin Duffy saying it didn’t amount to religious disc cuz only state was to follow

25
Q

Whiteboy acts

A

O Conner v cammhoail

26
Q

Trading hours

A

Quinn v ag
Disability- discrimination against someone cux their religious beliefs- Quinn’s didn’t have religious beliefs
Disc- also included favouring a religion

Held: article 44.2.3 wasn’t stand alone had to be read in light of 44
State has a duty to insure that group not adversely impacted by law of general app
Too broad as allowed exemption for all days of week and or weekends
Law had to be narrowed

27
Q

Adoption

A

M v an bord uchtala
Mixed marriage wanted to adopt- s12 adoption act prohibited adoption unless same religion
Held uncon and amended in 1974 to allow adop of any religion provided mother acknowledged and consents

28
Q

Employment

A

Mulloy v min for education- Holy Ghost father working in Africa shoild he eligible for state funds but wasn’t cuz he was priest and not layman- disc cuz he was being disfavoured cuz of religious status

McGrath v maynooth- not relig disc as it only applied to state and not private parties. To guarantee free religion could allow internal relig disc

Employment bill- allowed religious to choose what religious activities to support ethos
Allowed for internal relig disc to allow for upholding of freedom of relig

Greally v minister for ed- wasn’t disc on religion- was favouring teachers with more knowledge on Roman Catholic Church

29
Q

No state religion

A

State has no religion
Conway v independent news

30
Q

US v Ireland and state religion

A

Both have no state religion
Us explicit separates church from state
Ireland implicit still contains Roman carhoooc church in preamble

Campaign: Irish con and US con so diff so US cases can’t be used

McNally- us strictly neutral Ireland recognise religion and provides righrd, us case law can’t be used

31
Q

Religious advertising

A

Murphy V IRTC
Wasnt disc on religious belief, ground or status
Barrington highlighted direct and indirect disc.

32
Q

Sale of mass cards

A

McNally v Ireland
Disc on commercial basis and not religious

33
Q

Public funding of denom schools

A

Campaign
Allowed for public funding of schools cuz everyone allowed enrol regardless of religious status
Education enrolment act prohibits catholic schools from disc against rel unless ethos requires

34
Q

Guarantee of property

A

ST Mary v Dublin CC
Zoning inhibit nun access said it was financial and religious disc
Not because zoning was justified and proportionate

35
Q

Does con provisions impede current modern reform

A

A lot of amendments
1997- ban on divorce removed
2015- same sex marriage allowed
2018- abortion allowed

Religious
Religious reference in con
Swearing oath

36
Q

States duties

A

Quinn- laws of general application modify to allow freedom of relig
Balance freedom of relig and disc

Touhy v Courtney- when oureschtas balances competing rights courts won’t interfere unless they are so unfair and unjust that they impede other con right

Maynooth- not impede on internal relig disc of private institution
If support internal- have to balance
If they don’t- courts can’t obligate them to do so

Campaign-
Have to support parents right to religuous and moral education of children throigh state funding of denominational schools and educational system

Con Law 2 (5 decks)

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