Law Exam - Re Baby AB ((C) Legal Issues that arose in the case. (Hogan J.…
Law Exam - Re Baby AB
(C) Legal Issues that arose in the case.
Hogan J. interpreted this provision as allowing an "informed adult with full capacity" to refuse
Article 41.1 of the Constitution protects the
family as a fundamental institution in Irish Society.
Article 44.2.1 sets out that everyone is free to practice their
"subject to public order and morality".
Article 42 proceeds to acknowledge the role of the
in educating and bringing up children.
There were three provisions of the Constitution which had to be considered in this instance: The right to freedom of
the protection of the
& the right of the family to educate
Under Article 42.5 the State can only intervene with this right in
circumstances where the parents have failed in their
towards a child.
(E) What is Judicial Precedent?
However, if the material facts are different in some way,the court may
the new case from the old case and reach a different decision.
In general, a
court will follow a decision of a
and a court at the same level will follow a decision of that
court at an earlier stage unless there are compelling reasons not to.
It means that if the court is faced with a case that is materially similar to an earlier decided case, the court will
the decision of the earlier case.
A court does not have to follow a decision of a
court or a foreign court.
Judicial Precedent is a legal doctrine which ensures consistency and
in the law.
The part of the decision which the court follows is the
or legal reasoning of the case.
(B) Outline the facts of the case.
The case concerned a three month old baby who was
ill and needed a life saving
The parents of the baby refused to the blood transfusion due to their
as Jehovah Witnesses.
The Children's University Hospital, Temple Street where the child was been treated applied for an order from the
to sanction the necessary blood transfusion.
(D) What was the decision in the case?
Hogan J. ruled that this was an exceptional case under
of the Constitution which justified the intervention of the
Therefore the court ordered that the hospital could give the
to the baby.
(A) The Court Division where the case was heard.
The Case of Re Baby AB was heard in the