The Health (Amendment) (No. 2) Bill 2004

JurisdictionIreland
JudgeMurray C.J.
Judgment Date16 February 2005
Neutral Citation[2005] IESC 7
Date16 February 2005
CourtSupreme Court
Docket Number[S.C. No. 524
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29 cases
  • Delaney v The Personal Injuries Board and Others
    • Ireland
    • Supreme Court
    • April 9, 2024
    ...Awards of general damages varied over time and, in contrast to the position in Article 26 and the Health (Amendment) (No 2) Bill 2004 [2005] 1 IR 105, no right to damages enjoyed by Ms Delaney had been extinguished either by the 2019 Act or the Guidelines (para 43 Finally, Meenan J consider......
  • J. & J. HAIRE & COMPANY Ltd v MINISTER for HEALTH
    • Ireland
    • High Court
    • December 17, 2009
    ...and Another[1952] I.R. 118. Hamilton v. Hamilton [1982] I.R. 466; [1982] I.L.R.M. 290. The Health (Amendment) (No. 2) Bill 2004 [2005] IESC 7, [2005] 1 I.R. 105; [2005] 1 I.L.R.M. 401. Heinrich (Case C-345/06) [2009] 3 C.M.L.R. 7; [2009] W.L.R. (D) 93 [ECJ]. Hempenstall v. Minister for the ......
  • J McD v P L
    • Ireland
    • High Court
    • December 10, 2009
    ...Bord Uchtála[1985] I.R. 375; [1985] I.L.R.M. 302. Handyside v. United Kingdom (1979-1980) 1 E.H.R.R. 737. The Health Amendment Bill 2004 [2005] IESC 7, [2005] 1 I.R. 105; [2005] I.L.R.M. 401. J.K. v. V.W. [1990] 2 I.R. 437; [1990] I.L.R.M. 121. Karner v. Austria (2004) 38 E.H.R.R. 24; [2003......
  • T. A. (Minor Suing Through His Mother and Next Friend C. A.) v Minister for Justice and Equality and Others
    • Ireland
    • High Court
    • November 14, 2014
    ...FOR EDUCATION & ORS 2001 4 IR 259 2001/5/1050 2001 IESC 101 ART 26 OF THE CONSTITUTION & HEALTH (AMDT) (NO 2) BILL [2004] 2005 1 IR 10 2005 1 ILRM 401 2005/29/5927 2005 IESC 7 O'DONNELL v SOUTH DUBLIN CO COUNCIL 2011 3 IR 417 2009/44/11163 2007 IEHC 204 SOCIAL WELFARE CONSOLIDATION ACT 200......
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5 books & journal articles
  • Whither Constitutional Environmental (Rights) Protection In Ireland After ?Climate Case Ireland'?
    • Ireland
    • Irish Judicial Studies Journal No. 2-21, July 2021
    • July 1, 2021
    ...because of climate or eco-anxiety. 112 105 ibid 372 (emphasis added). 106 Re Article 26 and the Health (Amendment) (No. 2) Bill 2004 [2005] IESC 7, [2005] 1 IR 105. 107 Friends of the Irish Environment v The Government of Ireland [2020] IESC 49 [8.16]. 108 Gerard Hogan, ‘Unenumerated Person......
  • TD v Minister for Education: Hard Case, Bad Law
    • Ireland
    • Irish Judicial Studies Journal No. 3-22, December 2022
    • December 1, 2022
    ...or resources, four years later, Hardiman J as well as the entire court in Re Article 26 and the Health (Amendment) (No 2) Bill 2004 [2005] IESC 7 would order the State to pay up to €484 million, ‘more than the annual current budget of the Department of Justice’ in order to protect private p......
  • I Would Do Anything for Rights - But I Won't Do That
    • Ireland
    • Irish Judicial Studies Journal No. 3-22, December 2022
    • December 1, 2022
    ...v Attorney General [1982] IR 241. 21 Ó Beoláin v Fahy [2001] 2 IR 279. 22 In Re Article 26 and the Health (Amendment) (No 2) Bill 2004 [2005] 1 IR 105. 23 C v Minister for Social Protection [2017] IESC 63. 24 See TD (n 1) 281-282 (Keane CJ), who noted that ‘Hardiman J reserves the question ......
  • The Case for a Judicially Enforceable Right to Housing
    • Ireland
    • Hibernian Law Journal No. 16-2017, January 2017
    • January 1, 2017
    ...76 Moreover, the protection of SER may merely require restraint 77 —e.g., 70 Re Article 26 and the Health (Amendment) (No 2) Bill 2004 [2005] 1 I.R. 105, para. 21 71 Lord Hofmann, supra note 17 72 O’Connell, supra note 13, p. 165 73 ibid, pp. 144–146 74 ibid, p. 13; Sunstein, supra note 9, ......
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