Religion Flashcards
What article refers to religion
Article 44
Who are the protections of religion for ? State cases that prove this.
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
What’s the role of the court in determining religious doctrine/ ethos.
State cases that prove thus
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
What is privelleged communications
Convo between 2 ppl one tries to make other give evidence or relay that convo in court but other asserts privilege
Name and explain cases on communications and religion
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
Offensive things to religion, what’s state duty?state case
State duty to prevent offensive conduct towards religion
Tara prospecting v minister for energy
Article 44.2.1- freedom of religious practice ? What word and cases
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
Article 44.1 requires that the state respect religion, what does that entail. State case
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
Is freedom of religion an absolute right?
What are the 3 limitations to freedom of religion?
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
Leg and statutory provisions.
State cases
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
Protecting religious denomination
McNally- regulating sale of mass cards
Medical cases and religion
JM v St Vincent’s hospital
Fitzpatrick v FK
Re Baby AB v D
What do judges rent to do on matters of religious endowment and discrimination? State case
Tend to favour religious practice over regulating endowment and disc:
Quinn supermarket
Decisions of esscketial authorities
McGrath v maynooth- prohibition on religious discrimination aims to prevent ppl from not being able to practice their religion freely
Treatment of religious institutions under equality law
Re employment equality bill
Parental rights to rear children in accordance with religious beliefs
State cases
Greally v minister for education
Campaign to separate church from state
Article 44.2.2 prohibits religious endowment, what is religious endowment
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
Concurrent endowment prohibited
Re employment equality bill
Campaign to separate church from state-
State funding of denominal education
Campaign to separate church from state
What is the difference between religious instruction and religious education?
Article 44.2 and it’s controversy
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
Who does endowment and religious discrimination concern . State the fase
State and not private parties
What article is discrimination
44.2.3
Anti semitism
Schmehel v gross
Controversial decision by gavin Duffy saying it didn’t amount to religious disc cuz only state was to follow
