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Permissibility of abortion
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Introduction: The Constitution of Ireland is a document outlining the fundamental rights of the citizens of the Republic of Ireland; it also describes how the State should be governed. The Irish Parliament has adopted the Bunreacht na hÉireann, which has been approved in a referendum in 1937. It came into force on the 29 December 1937. It is deemed impossible to amend the constitution unless most of the citizens have passed a national referendum. The Judicial Power (Supreme Court) is the third independent authority of the State. It is involved with the Legislature Power and the Executive Power in the building of the State. Judicial independence is a key factor in ensuring the protection of citizens from the arbitrary use of government power …show more content…
The Protection of Life During Pregnancy Act 2013, which became enforceable in 2014 outlines that abortion is only allowed in a case where it becomes the only solution to protect the life of the pregnant woman. Women have no right to choose whether they should or should not remain pregnant. It is criminal to have an abortion in the case of fatal foetal abnormality. It is also criminal to carry out an abortion in cases of rape or incest. Furthermore, it is unlawful for a specialist to encourage or promote abortion in individual …show more content…
I believe that the Court’s decisions, are there to protect and safeguard the rights of the citizens. A woman with a soul in her womb cannot make a decision regarding the life of her unborn child. The Judiciary, with the aid of the Constitution protects the rights of the unborn from being aborted especially in the cases where there is no danger to the health or life of the pregnant woman. My stand in this situation is that I am against abortion, but if there was a danger to the life of the pregnant woman, physical or mental (as result of rape or incest), then abortion should be accessed
“Ireland must be governed in the English interest” as Document 1 states. The Irish and English relationship is one of ethnic superiority over the other and geographical divide. The English feel like it is their duty to make the Irish people like themselves and they believe that their religion is the crux of what makes them inferior and the Irish just want to be left alone. The geographical divide between the nations is the mainly protestant, Ulster, and the Catholic rest of the island as Document 9 suggests. This has caused many disputes because of the fact that Irish Nationalists want the whole island unified.
The Constitution confers judicial power on the Supreme Court and on inferior courts as created by Congress (Hames & Ekern, 2013). Judicial review is the power of the court to interpret the Constitution and invalidate conflicting laws.
Tennessee’s wrongful death statute does not allow a wrongful death for a viable fetus that is not first born alive. If there is no live birth, the fetus is not considered a “person” and are not entitled to the same protection as people. The Supreme Court stated that “the unborn have never been recognized in the law as persons in the whole sense”, however some flexibility is considered but viability remains the critical point. Ultimately, the Report of Ethics Committee of American Fertility Society refers to the preembryos as neither person or property, but rather a special respect to protect the welfare of potential offspring and create obligations to prevent any harm to those potentially born after transfer. Therefore, the preembryos occupy a special category requiring respect for potential of human life. I personally agree with this viewpoint, as it acts as the middle ground in determining that the preembryos do not possess rights as people do, but require the same amount of respect due to the potential of becoming a constitutionally-protected person.
The Supreme Court of the United States has the highest authority in the Judicial Branch and is the third branch of government. The function of the Supreme Court is to interpret the Constitution. The Supreme Court looks at federal and state statues and executive actions to determine if they comply with the United States Constitution. On the Supreme Court, there are nine justices that hear cases that have been appealed through the justice system. When the Supreme Court rules in a case that is the la...
The historic case of Roe v. Wade was a pivotal case that changed the way the court system viewed a woman’s reproductive rights. To this day the topic of abortion has people torn between the legal rights of the woman and her right to choose what to do with her own body. This side is known as the pro- choice side. The other side of the debate wants to protect the moral rights of the fetus stating that the unborn child must have rights as well. The hard thing to do was to determine for some is when the life of the fetus can be considered a living person with rights. The state of Texas that was arguing on the rights for the fetus also known as the pro-life side. The state believed that the unborn child should have rights to life. For this reason
Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position.
...ther’s sovereignty over her body outweigh the right of an unborn child to live. The answers to these questions are very diverse as a result of the diversity of the American society. With the issue of abortion, one’s attitude toward it is going to be based on many things such as religious background and personal morals. There is no black and white answer to the abortion issue. Luckily we live in a country where we are able to decide for ourselves whether something is morally right or wrong. Thus, ultimately, the choice is ours. As with the many other ethical issues which we are faced with in our society, it is hard to come to a concrete answer until we are personally faced with that issue. All we can do is make an effort to know all of the aspects which are involved so that we may be able to make a sound decision if we were faced with this problem in our own lives.
As one knows, some unwanted pregnancies could often be harmful and distressing for a woman. Women should have the right over their body to choose to sustain the fetus or not. In the past decades, women did not have their freedom of abortion in many countries of the world. There have always been controversies going on about abortion. Each individual has dissimilar views on the legality of abortion. Some people are against abortion for personal religious purposes and beliefs. For those who don’t believe in abortion, it is because they see it as killing a fetus, which is a human being. Others support abortion because they believe in women’s rights. Laws of abortion vary in each country, and abortion is not legal all over the world. It is illegal under any conditions but only permitted to save woman’s life if in countries such as Brazil, Nigeria, United Arab Emirates, and Ireland. However, abortion is legal without any restrictions in countries like Canada, Albania, and Italy. It the past decades Abortion was considered as criminal act in Canada. “If an abortion was carried out without such approval, the woman was liable for imprisonment for 2 years, an...
Abortion, defined as the intentional termination of a pregnancy, is one of the most highly debated liberties of all time. Approximately one to three million abortions are performed each year. Women receive abortions for reasons such as rape, teen pregnancy, and health concerns. Unfortunately, it is a liberty that some still wish to eradicate due to religious beliefs and misconceptions. Abortion should remain a legal option for women because illegal abortions result in far more fatalities, religion does not serve as grounds for a law, and most importantly, there is no conclusive evidence that a fetus is equal to a human being.
April 19, 2018. 2007. The 'Se Rahman, Anika. A.S. & Co. A Global Review of Laws on Induced Abortion, International Family Planning.
Since the early 1970’s abortion has been an important issue to the United States (Tietze 1). The problem begins with whether it is the woman’s choice to keep or terminate her pregnancy or the government’s choice. When this problem happens, a woman loses her right as a person. Most women argue about this issue, but if you look at it, it is the woman’s body, and she should do with it as she pleases. I believe that if a woman, under the right circumstances, should be able to make her own choices in life and not be influenced by family or the government.
...t the court left for states to ban late-term abortions. Many feel that a fetus near the end of a pregnancy is simply too like a human to come up with any justification for killing it, unless the pregnancy threatens the health of the mother. The line on the spectrum that the court ended up defining was based on when the fetus becomes viable. Before this point, the fetus is entirely dependent on the mother and the court left the mother with the ability to withdraw her support from the fetus. After the point of viability, society as a whole is then able to assist in taking care of the infant. This then, is where the fetus gains the added requirement to its right to life discussed earlier.
It is saddening to see humans of the female gender, who find themselves in a situation that requires introducing a new life into the world; to abort such a precious gift. Many may wonder how these poor, innocent, unborn children are then discarded after the abortion procedure. One cannot fathom the reason of these gruesome murders that happens within these medical facilities. Babies are disposed in the red waste bins of these facilities, and later incinerated. Some may either be flushed down garbage disposals or even be sold off for research purposes. The issue of abortion is not just a social one, but also a human rights issue among the unborn children. I believe if the human rights of these children has been violated, then all other rights of humans are certainly meaningless.
In the New Zealand law, it states it is legal to have an abortion, but only if two doctors have agreed with it, if continuing with the pregnancy will result in harming the women’s
The constitution of 1922 was not influenced by religion unlike Bunreacht na hEireann in 1937. The 1922 constitution did incorporate the usual democratic rights that everyone has within a nation. These such rights include ‘free speech, free association and inviolability of dwellings’ (Coakley, J. and Gallagher, M. (2010) Politics in the Republic of Ireland) but to name a few. However the 1937 Constitution articles that deal with the rights of the citizens differ from its predecessor in that fact that the articles can be seen as ones influenced by the Catholic Church. There is one article within the 1937 constitution which clearly represent the influence of the Catholic Church. This is Articles 44. There are two clauses within Article 44 which gave Catholicism a very powerful status in the constitution. Article 44.1.2. reads ‘The state recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great Majority of the citizens’ (Bunreacht na hEireann 1937) and Article 41.3.2 prohibited the legislation of divorce. At first glance it is clear to see that these two clauses are merely nothing more than political and democratic laws. However by reading more into the actually information expressed in this