Personal Rights

A.40.3

Article 40.3.1 expressly and by implication protects personal rights.  The unenumerated rights that are implied in the Article are the subject matter of  separate chapters.  Similarly, individual property rights are protected by Article 40.3 as well as Article 43.  These are dealt with separately.

1° The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen.

2° The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen.

In Article 40.3.2 the State pledges to protect from unjust attack and in the case of injustice done to vindicate, the personal rights, including the right to life of every citizen.  The Constitution was amended to insert a prohibition against the death penalty

Article 40.3 protects the right to a person’s good name.  This principle is given expression by the requirements for procedural and constitutional justice where findings which bear upon a person’s good name are involved.

Fair Procedures

In the famous of Re Haughey (taken by Charles Haughey’s brother in 1970), the powers and procedures of the Dail’s Public Accounts Committee were challenged.  The Supreme Court declared the constitutional rights of a person whose good name and character are impugned in proceedings.

They should be furnished with a copy of evidence that reflects on their good name.  They should have the right to cross-examine (by counsel in this context), their accusers

They should have a right to give rebutting evidence. They should be permitted to address the committee, by counsel (in this context) in their defence.