Papers by Leonie Marshall
The enactment into law of The Protection of Life During Pregnancy Act, 2013 provides a legal fra... more The enactment into law of The Protection of Life During Pregnancy Act, 2013 provides a legal framework for the provision of lawful abortion for the first time in Ireland. The legislation clarifies the procedures required to determine whether a woman qualifies for a lawful abortion but is restricted to the constitutional limitations set down in Attorney General v X , which resulted in establishing one of the most restrictive regimes in Europe. The Act, described as ‘fundamentally flawed’ has attracted criticism from pro-choice advocates, the medical profession and politicians, due in part, to the omission of any provision to allow for terminations in the case of rape, incest or fatal foetal abnormality.
This paper aims to provide an overview of Irish abortion law prior to the PLDPA and, for ease of reading will be divided into chapters. It will present a synopsis of the events that transpired in Ireland resulting in the insertion of the 8th amendment into the Constitution of Ireland in 1983 and the subsequent ramifications of this inclusion which still reverberate today. It will examine the failure of the legislature to make provision for women where there is a fatal foetal abnormality and will illustrate the options, or lack of, available to Irish women owing to the inherent flaws of the Act. Arguments will be presented as to the constitutionality of sanctioning such terminations, an argument Ireland maintained was constitutionally viable before the European Court of Human Rights. The paper will discuss a possible remedy; presenting to the people, to determine by way of referenda, the opportunity to repeal the 8th Amendment.
Due to the relative ‘newness’ of the Act, the conclusion will also deliberate the following; how the ‘Guidance Document’ ‘amplifies rather than minimises’ the ‘intrinsic flaws’ contained within the legislation, and the ramifications the failure to pass the Protection of Life in Pregnancy (Amendment) (Fatal Foetal Abnormalities) Bill 2013 will exert over the reproductive health of Irish women.
This paper discusses the impact of the Protection of Life During Pregnancy Act 2013 on Irish wome... more This paper discusses the impact of the Protection of Life During Pregnancy Act 2013 on Irish women seeking to terminate a pregnancy.
The purpose of this paper is to consider whether a quotation by Margaret Thatcher reflects a visi... more The purpose of this paper is to consider whether a quotation by Margaret Thatcher reflects a vision of distributive justice based on the Rawlsian theory of justice as fairness, or if it signifies the entitlement theory of justice as postulated by Robert Nozick.
This paper illustrates that social and economic rights have been successfully adjudicated in dome... more This paper illustrates that social and economic rights have been successfully adjudicated in domestic courts of many countries, at various human rights tribunals and International Courts of Justice. Many of these rights are now enshrined in the domestic law of several nations providing redress for those who rights have been violated. While there is still more to be achieved, the recognition of social and economic rights will eventually be designated the same importance and status as civil and political rights ensuring that the principles set out in The Vienna Declaration that ‘all human rights are universal interdependent and interrelated’ will be as seen as the norm and not the exception.
This paper will provide an overview of aftercare services in Ireland to date and examine the crit... more This paper will provide an overview of aftercare services in Ireland to date and examine the criteria required in order to avail of such care. Due to space constraints this paper cannot explore in-depth all the issues it addresses; while mention will be made to children accommodated under section 5 of the Child Care Act 1991 this paper will focus primarily on young adults leaving State care on turning 18 years.
In responding to the Eurozone Crisis, measures taken to combat the sovereign debt crisis that bef... more In responding to the Eurozone Crisis, measures taken to combat the sovereign debt crisis that befell a series of Member States have generated much comment on the legality of such responses and raised questions as to whether these rescue schemes were in fact compatible with the requirements of EU primary law 1 . By evaluating those responses, this paper will contend that in order to address short term economic problems, the clear interpretation of Union law was sacrificed by the Union itself, leading to a "strained interpretation to a number of Treaty articles" in order to remove any obstacles to the European Stability Mechanism (ESM) Treaty 2 .
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Papers by Leonie Marshall
This paper aims to provide an overview of Irish abortion law prior to the PLDPA and, for ease of reading will be divided into chapters. It will present a synopsis of the events that transpired in Ireland resulting in the insertion of the 8th amendment into the Constitution of Ireland in 1983 and the subsequent ramifications of this inclusion which still reverberate today. It will examine the failure of the legislature to make provision for women where there is a fatal foetal abnormality and will illustrate the options, or lack of, available to Irish women owing to the inherent flaws of the Act. Arguments will be presented as to the constitutionality of sanctioning such terminations, an argument Ireland maintained was constitutionally viable before the European Court of Human Rights. The paper will discuss a possible remedy; presenting to the people, to determine by way of referenda, the opportunity to repeal the 8th Amendment.
Due to the relative ‘newness’ of the Act, the conclusion will also deliberate the following; how the ‘Guidance Document’ ‘amplifies rather than minimises’ the ‘intrinsic flaws’ contained within the legislation, and the ramifications the failure to pass the Protection of Life in Pregnancy (Amendment) (Fatal Foetal Abnormalities) Bill 2013 will exert over the reproductive health of Irish women.
This paper aims to provide an overview of Irish abortion law prior to the PLDPA and, for ease of reading will be divided into chapters. It will present a synopsis of the events that transpired in Ireland resulting in the insertion of the 8th amendment into the Constitution of Ireland in 1983 and the subsequent ramifications of this inclusion which still reverberate today. It will examine the failure of the legislature to make provision for women where there is a fatal foetal abnormality and will illustrate the options, or lack of, available to Irish women owing to the inherent flaws of the Act. Arguments will be presented as to the constitutionality of sanctioning such terminations, an argument Ireland maintained was constitutionally viable before the European Court of Human Rights. The paper will discuss a possible remedy; presenting to the people, to determine by way of referenda, the opportunity to repeal the 8th Amendment.
Due to the relative ‘newness’ of the Act, the conclusion will also deliberate the following; how the ‘Guidance Document’ ‘amplifies rather than minimises’ the ‘intrinsic flaws’ contained within the legislation, and the ramifications the failure to pass the Protection of Life in Pregnancy (Amendment) (Fatal Foetal Abnormalities) Bill 2013 will exert over the reproductive health of Irish women.