Michael McDowellShould Ireland pursue French policy of ‘laïcisme’ or simple pluralism? 


Our Constitution guarantees freedom of religious belief to all citizens and provides that the State will not endow any particular religion.

In the 1960s our Supreme Court developed a theory that the Constitution guaranteed unenumerated rights to citizens in addition to those rights explicitly mentioned in the 1937 text.

The court held that these unenumerated rights fell to be identified by the courts by reference to what was implied by the “Christian and democratic” nature of the Irish State.

What the term “Christian” meant in that context was never tied down. Whether it involved basic Christian philosophy concerning the equal worth of all individuals and the moral imperative of charity in all human dealings was never clarified.

Whatever about theology, it still seems that the great majority of Irish people would consider themselves to be philosophically Christian in the foregoing sense. That raises questions about the relationship of Irish society to non-Christian beliefs, whether ancient or comparatively modern.

Continue reading @ Irish Times.

Profound Issues At Stake Over Free Speech And Islam

Michael McDowellShould Ireland pursue French policy of ‘laïcisme’ or simple pluralism? 


Our Constitution guarantees freedom of religious belief to all citizens and provides that the State will not endow any particular religion.

In the 1960s our Supreme Court developed a theory that the Constitution guaranteed unenumerated rights to citizens in addition to those rights explicitly mentioned in the 1937 text.

The court held that these unenumerated rights fell to be identified by the courts by reference to what was implied by the “Christian and democratic” nature of the Irish State.

What the term “Christian” meant in that context was never tied down. Whether it involved basic Christian philosophy concerning the equal worth of all individuals and the moral imperative of charity in all human dealings was never clarified.

Whatever about theology, it still seems that the great majority of Irish people would consider themselves to be philosophically Christian in the foregoing sense. That raises questions about the relationship of Irish society to non-Christian beliefs, whether ancient or comparatively modern.

Continue reading @ Irish Times.

2 comments:

  1. "The court held that these unenumerated rights fell to be identified by the courts by reference to what was implied by the “Christian and democratic” nature of the Irish State.

    What the term “Christian” meant in that context was never tied down. "

    Disingenuous, it was clearly a Catholic theocratic state for many years until the craven deference was brought crashing down when the voices of the children were finally heard.

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  2. Steve

    We know that there was a lot of state deference to the Catholic Church -and other christian churches to much lesser degree -but their full remit was never properly defined in law or jurisprudence. The state operated a relationship of convenince with the Churches -allowing the churches to asume the responsibility of things like education of their congragations; which facilitated the abuses.

    I am all for the provision in the Constitution which directs that 'no religion will be endowed by the State'. That part of the Constitution has never really been adhered to -because the state over endowed the Catholic Church.

    Pluralism is fine -but the State ought to stop endowing any religion, by way of money, property, special tolerance, or authority -certainly nothing above the same treatment of a local sports club.

    The rights of children should be enforced -a start would be that no church or parent can indoctrinate a child into any religion; the law on that protects adults but not children.

    Unfortunately the rest of the article is behind a paywall.

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