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  • 18-07-2006 5:55pm
    #1
    DBS2004
    Closed Accounts Posts: 16 ✭


    Hey,

    I am doing an assignment on Privacy.
    The title is "Critically discuss the extent to which the Constitution recognises the right to privacy as reflected in the decisions of the superior courts."

    Can anyone offer any help or recommend any cases?

    Thanks


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    #2
    cramming
    Closed Accounts Posts: 24 ✭cramming


    Hi

    Did an assignment involving privacy about 4 years ago...General right to privacy first recognised in Kennedy v Arnold - You should Read Hamilton's Judgement....its really very good.

    Norris V AG tried to argue the point - McGee is really important as well since it recognised Marital Privacy... lots of case law after that.....

    I remember Kelly's book as being ok on privacy (though it will be well out of date by now) and Casey is always worth a look as well...

    I think there is a Bar Review article from 2000 / 2001 .... maybe Leonard was the author or something...

    Sorry all this is farily basic... wish i could be more help....


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    #3
    DBS2004
    Closed Accounts Posts: 16 ✭DBS2004


    Hey Cramming,

    Thanks, The information is great!
    But i can't find the case Kennedy v. Arnold... any suggestions?

    Cheers


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    #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    DBS2004 wrote:
    Hey Cramming,

    Thanks, The information is great!
    But i can't find the case Kennedy v. Arnold... any suggestions?

    Cheers
    is it Kennedy v. Ireland [1987] IR 587? Breach of constitutional right to privacy by an unlawful wiretap resulted in aggravated damages against the state.

    Also McGee v. AG right to marital privacy. Murray v. Ireland, right to marital privacy and procreate can be deliminated for the common good.

    Not privacy per se but gurantee of autonomy, especially family autonomy, Murphy v. Ireland, North Western Health Board v. NWT and Re: a Ward of Court


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    #5
    besty
    Registered Users Posts: 4,010 ✭✭✭besty


    The posts so far have provided a good starting point for your essay. I would perhaps suggest a brief discussion of the notion of unenumerated rights at large to contextualise the issues.


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    #6
    cramming
    Closed Accounts Posts: 24 ✭cramming


    Hey sorry about that - books are frying my brain cells!

    Yes it is in fact Kennedy v Ireland

    a more recent case you might want to look at is...

    Caldwell v Judge Mahon & Ors [2006] IEHC 86

    Its available on the Court.ie website...

    It looks at the consitutional right and at Art 8 of the ECHR ... you might want to watch for that... i dont know if it will have made significant difference or not...... but as the ECHR is now opperative in Irl law it may have an effect and the leading Text Books pre date that.....

    Best of luck with your paper.


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    #7
    DBS2004
    Closed Accounts Posts: 16 ✭DBS2004


    Thanks Everyone,

    Thats given me a great start!

    Thanks again


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    #8
    maidhc
    Registered Users Posts: 7,523 ✭✭✭maidhc


    http://www.privacyinternational.org/article.shtml?cmd[347]=x-347-83768

    Very basic, but might give some pointers.

    Also read McMahon & Binchy and a decent Consitutional Law text book.


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