Critically discuss this statement, using case law and academic literature to support your arguments: Constitutional Law Essay, NUI, Ireland

Question 1:

Write a note on two of the following with reference to case law:

  1. The meaning of “property” under Article 40.3.2 and Article 43,
  2. The meaning of the “family” under Article 41
  3. The meaning of “[a]ll citizens shall, as human persons, be held equal before the Law” under Article 40.1.

Question 2:

‘The introduction of Article 40.3.3. to the Irish, Constitution caused more problems than it solved.’

Critically discuss this statement, using case law and academic literature to support your arguments.

Question 3:

Drew and Sonia come to seek advice concerning the education of their 11-year-old daughter, Siobhan. Siobhan has Down Syndrome with profound learning disabilities. They feel that secondary school would be unsuitable for her. Drew and Sonia are aware that the State must facilitate some basic level of education for Siobhan under the terms of the Constitution. They come to you to seek clarification on Siobhan’s education entitlements under the Constitution both through her adolescence and possibly into adulthood.

Explain to Drew and Sonia, with reference to the Constitution and to case law, the extent of the State’s obligations in relation to the provision of education for Siobhan going forward.

Question 4:

Critically examine the scope of the right of freedom of expression in Ireland.

Question 5:

Jill suffers from motor neurone disease, a progressive degenerative illness from which she has no hope of recovery. She is in the advanced stages of the disease with only a short time to live and faces the prospect of a distressing death. She is mentally alert and would like to be able to take steps to bring her life to a peaceful end at a time of her choosing. However, her physical incapacity is now such that she can no longer, without help, take her own life. With the support of her family, she wishes to enlist the help of her husband, Ben to that end. Ben is willing to give such help, but only if he can be sure that he will not be prosecuted for aiding and abetting her suicide. Ben comes to you for advice on this area of law.

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