Natural Law: Alive and Kicking? A Look at the Constitutional Morality of Sexual Privacy in Ireland

Abstract

This article argues that judges make use of political morality when deciding constitutional cases. In doing this they often draw out the implications of political decisions already made by politicians and the people, though sometimes arriving at decisions which may surprise politicians. The use of political morality is examined through the lens of a series of IRish decisions on abortion in the 1980s and 1990s.

Keywords: constitutional interpretation, human rights, abortion, judicial activism

JEL Classification: K10