In the Matter of Article 26 of the Constitution and in the Matter of the Health (Amendment) (No. 2) Bill 2004
Ireland Supreme Court
[2005] IESC 7 (2005)
- Written by Kelly Simon, JD
Facts
In 2005, the Oireachtas—the Irish legislature—passed the Health (Amendment) (No. 2) (the health amendment). The president of Ireland (plaintiff) referred the health amendment to the Ireland Supreme Court for a determination on whether the bill violated the Irish constitution. The terms of the health amendment included the prospective imposition of charges for inpatient care received by patients. The charges would accrue to patients in an amount not to exceed 80 percent of the maximum weekly rate of the old-age, noncontributory pension. Additionally, the health amendment allowed for a reduction in the amount any individual owed if the charges created an undue burden on the individual. Attorneys retained to oppose the constitutionality of the health amendment argued that the constitutionally protected rights to life, bodily integrity, and human dignity required that the Irish government pay for the care of elderly patients in institutions until they died.
Rule of Law
Issue
Holding and Reasoning (Murray, C.J.)
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