Irish law definition of 'Religion'?

legalwondering

Main reason for asking was the Defamation Act 2009, Section 36 relating to blasphemous matter. I can't find the definition for what qualifies as a Religion. The act only seems to state what a religion isnt.

But overall I was then wondering how law defines a religion in Ireland. I can't seem to find any official list of recognised Religions(in law or recognised by the Govt.) or how a Religion would prove it is a religion instead of proving that it isn't not a Religion

coylemj

I thought the Supreme Court held that there was no such thing as blasphemy?

NoQuarter

As far as I know the courts wont touch the definition of blasphemy. They have no legislative guidance as of yet.

234

There is no legal definition of religion in Ireland. The Charities Act 2009 also avoids defining it. There is a very interesting article in "The Irish Constitution: Governance and Values" on the different approached to defining religion in a legal sense.

coylemj

coylemj wrote: »

I thought the Supreme Court held that there was no such thing as blasphemy?

NoQuarter wrote: »

As far as I know the courts wont touch the definition of blasphemy. They have no legislative guidance as of yet.

These posts both refer to a pre-2009 decision of Corway -v- Independent Newspapers (Ireland) Ltd[1999] 4 IR 484 where the Supreme Court held per Barrington J:

Barrington J wrote:

n the absence of any legislative definition of the constitutional offence of blasphemy, it is impossible to say of what the offence of blasphemy consists. As the Law Reform Commission has pointed out neither the actus reus nor the mens rea is clear. The task of defining the crime is one for the legislature, not for the courts. In the absence of legislation and in the present uncertain state of the law the Court could not see its way to authorising the institution of a criminal prosecution for blasphemy against the respondents.

However section 36 of the Defamation Act 2009 does state both the mens rea and actus reus for this crime, however incredible both of them are, and as such there is a legislative definition of blasphemy which the Courts can enforce should a case come before them.

Just as a point of clarity the Supreme Court didn't say there was no such thing as blasphemy, just that it was not their place to create the framework for a crime of blasphemy as to do so would infringe on the separation of powers.