Heaney v Ireland Constitutional Law Quiz
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Questions and Answers

What must restrictions on personal rights be according to the text?

  • Unfair and irrational
  • Arbitrary and irrational
  • Connected to the objective and not based on irrational considerations (correct)
  • Unconnected to the objective and arbitrary

What is a requirement for aiding, abetting, counseling, or procuring suicide under the Criminal Law (Suicide) Act 1993?

  • Not exceeding 16 years imprisonment
  • Not exceeding 10 years imprisonment
  • Not exceeding 14 years imprisonment (correct)
  • Not exceeding 12 years imprisonment

What does Article 8 of the text protect?

  • Right to bear arms
  • Right to free education
  • Right to respect for private and family life (correct)
  • Freedom of speech

What risks are mentioned in the text regarding a relaxation of the ban?

<p>Wrong diagnosis re terminal illness (A)</p> Signup and view all the answers

What is the main purpose of the Heaney v Ireland case being routinely cited in contemporary constitutional challenges to legislation?

<p>To establish the formula for the proportionality test in Irish law (C)</p> Signup and view all the answers

What does Section 52(1) of the Offences against the State Act 1939 allow a garda to demand from a person arrested under the Act?

<p>Both a and b (A)</p> Signup and view all the answers

What is the proportionality element of the Heaney v Ireland case discussed in relation to?

<p>All of the above (D)</p> Signup and view all the answers

What is the main issue discussed in the Heaney v Ireland case, as mentioned in the text?

<p>The right to silence (A)</p> Signup and view all the answers

What is the key element of the proportionality test as described in the Heaney v Ireland case?

<p>All of the above (D)</p> Signup and view all the answers

What is the main concern regarding the proportionality test in Heaney v Ireland?

<p>The test is not actually followed in practice (A)</p> Signup and view all the answers

Flashcards

Restrictions on personal rights

Restrictions on personal rights should be directly related to a specific objective and not based on arbitrary or unfounded reasons.

Aiding, abetting, counseling, or procuring suicide

Aiding, abetting, counseling, or procuring suicide is a criminal offense in Ireland under the Criminal Law (Suicide) Act 1993, punishable by up to 14 years imprisonment.

Article 8 of the European Convention on Human Rights

Article 8 of the European Convention on Human Rights protects the right to respect for private and family life, and the right to a home.

Risks of relaxing the ban on assisted suicide

Relaxing the ban on assisted suicide could lead to risks like misdiagnosis of terminal illness, undue influence on vulnerable individuals, and potential for abuse.

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Heaney v Ireland case

The Heaney v Ireland case is frequently cited in Irish legal challenges to legislation because it established the "proportionality test" used to assess the balance between restricting rights and achieving a legitimate objective.

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Section 52(1) of the Offences against the State Act 1939

Section 52(1) of the Offences against the State Act 1939 allows a garda (Irish police officer) to demand a person's name and address when arrested under the Act.

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Proportionality test in Heaney v Ireland

The proportionality test in Heaney v Ireland is discussed in relation to the balance between restricting individual rights and achieving the state's legitimate objective.

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Main issue in Heaney v Ireland case

The main issue in the Heaney v Ireland case concerns the right to silence, particularly in relation to questioning by police and the potential for self-incrimination.

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Key element of proportionality test

The proportionality test, as described in Heaney v Ireland, requires a balance between the state's objective, the restriction on rights, and the least restrictive way to achieve the objective.

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Concern regarding the proportionality test

The proportionality test in Heaney v Ireland is criticized because it is not always consistently applied in practice, leading to inconsistencies in legal decisions.

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