McGee v Attorney General [1974] 1 IR 284

Court: Irish Supreme Court

Facts: Mrs. McGee, a mother of four, had suffered from severe complications during her pregnancies and was advised by her doctor to use a diaphragm and spermicide to avoid further health risks. However, Section 17(1) of the Criminal Law (Amendment) Act 1935 prohibited the importation of such contraceptive devices. Despite the prescription, Mrs. McGee was unable to legally obtain these contraceptives due to the law. She challenged the Act, arguing that it breached her unenumerated constitutional right to marital privacy. Issue: Whether the prohibition on the importation of contraceptives under Section 17(1) of the Criminal Law (Amendment) Act 1935 violated the unenumerated constitutional right to marital privacy.

Held: The Irish Supreme Court ruled in favor of McGee by a 4 to 1 majority. The Court found that married couples have a constitutional right to make private decisions about family planning, and that the prohibition on contraceptives was inconsistent with this right. Although the Court did not overturn the ban on the sale of contraceptives, it ruled that the use and importation of contraceptives could not be prohibited based on the law’s inconsistency with the Constitution.

Key Judicial Statements: There were no direct judicial quotes provided from the case. However, the ruling emphasized the constitutional right to marital privacy as fundamental in family planning decisions.

πŸ’‘ LevelUpLaw: This case demonstrates the evolving nature of constitutional law in Ireland, particularly in relation to unenumerated rights. It underscores the court's role in protecting marital privacy and individual autonomy in family planning, despite legislative restrictions. The decision represents a key moment in Irish legal history, where judicial reasoning

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Tariq v Home Office [2011]