This paper highlights how the Constitution of the Republic of Ireland, including its Preamble, is premised on the principles of natural law as understood within the Christian tradition. Accordingly, the Irish system of constitutional law has gradually evolved towards a position that respects both confessional and cultural pluralism, as both lawmakers and constitutional case law have progressively shown greater respect for the pluralism that arises within the community. Although it is still mindful of its specific historic, cultural and sociological roots, the Irish legal system thus appears to have set itself the task of guaranteeing protection for the fundamental rights of all according to principles rooted in equality and reasonableness.
Diritto naturale, fondamenti religiosi, principi fondamentali nella Costituzione irlandese. Un ordinamento costituzionale in costante bilanciamento tra tradizioni cattoliche e tutela dei diritti fondamentali
Gobbo
2023
Abstract
This paper highlights how the Constitution of the Republic of Ireland, including its Preamble, is premised on the principles of natural law as understood within the Christian tradition. Accordingly, the Irish system of constitutional law has gradually evolved towards a position that respects both confessional and cultural pluralism, as both lawmakers and constitutional case law have progressively shown greater respect for the pluralism that arises within the community. Although it is still mindful of its specific historic, cultural and sociological roots, the Irish legal system thus appears to have set itself the task of guaranteeing protection for the fundamental rights of all according to principles rooted in equality and reasonableness.Pubblicazioni consigliate
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