Attorney General v X - Case Summary

Law Case Summary

"Landmark case deciding on the constitutionality of abortion laws in Ireland."

Full case citation: Attorney General v X [1992] IESC 1

Facts

The X, who was a 14-year-old rape victim, wanted to travel to England to have an abortion. The attorney general took action to prevent this, fearing that allowing her to do so would undermine the Irish Constitution which recognised the equal right to life of the mother and the unborn (O'Malley, 1994).

Issues

The core issue revolved around the interpretation of the Irish constitution - whether it intended to grant an absolute right to life to the unborn, consequently undermining the right of the woman to travel. Additionally, it questioned if Ireland's law was in line with European Union laws on freedom of movement (Kennedy, 1992).

Decision

The Supreme Court ruled that a woman had a right to an abortion if her life was at risk due to pregnancy, including a risk of suicide. The ruling was based on the interpretation that the risk to the life of the mother outweighed the right to life of the unborn.

Furthermore, it was held that an Irish citizen's freedom to travel could not be restricted (Mallaghan, 1993).

Analysis

The X case still holds relevance in Irish law and played a significant role for subsequent cases concerning abortion. It shaped the 2013 Protection of Life Bill, legalising abortion in cases where the mother's life is at risk (McGuinness, 1993).

References

• Kennedy, G. (1992) The Constitution, the Courts and the Quest for Justice. Round Hall Ltd
• Mallaghan, A. (1993) Abortion Law and Politics Today. Palgrave Macmillan
• McGuinness, S. (1993) Constitutional Law of Ireland. Dublin: Round Hall Ltd
• O'Malley, T. (1994) Law and Government: A Tribute to Rory O'Connell. Round Hall Ltd

Journalist Brief

The Attorney General v X was a landmark case in Ireland's history on abortion laws. The Supreme Court ruled that a woman has a right to abortion if she faces a risk to her life due to pregnancy. This case has had a lasting impact and influenced later legislation, like the 2013 Protection of Life in Pregnancy Act.

FAQs

What was the significance of Attorney General v X?

The case was a milestone in Irish history, as it led to significant changes in legislation related to abortion. It established a woman's right to abortion in Ireland if her life was at risk, including from suicide.

How has the X case impacted subsequent Irish legislation?

The 2013 Protection of Life Bill was directly shaped by the X case. This bill made it legal for women in Ireland to have an abortion if their life was threatened by the pregnancy.

What was the Supreme Court's ruling on the Attorney General v X case?

The Supreme Court ruled in favour of the right of the woman to have an abortion if her life was at risk due to the pregnancy. It also upheld Irish citizens' freedom to travel.