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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
medical
treatment.
Article 41.1 of the Constitution protects the
marriage
family as a fundamental institution in Irish Society.
Article 44.2.1 sets out that everyone is free to practice their
religion
"subject to public order and morality".
Article 42 proceeds to acknowledge the role of the
family
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
religion
the protection of the
family
& the right of the family to educate
children
.
Under Article 42.5 the State can only intervene with this right in
exception
circumstances where the parents have failed in their
duty
towards a child.
(E) What is Judicial Precedent?
However, if the material facts are different in some way,the court may
distinguish
the new case from the old case and reach a different decision.
In general, a
lower
court will follow a decision of a
higher
and a court at the same level will follow a decision of that
same
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
follow
the decision of the earlier case.
A court does not have to follow a decision of a
lower
court or a foreign court.
Judicial Precedent is a legal doctrine which ensures consistency and
certainty
in the law.
The part of the decision which the court follows is the
ratio
or legal reasoning of the case.
(B) Outline the facts of the case.
The case concerned a three month old baby who was
seriously
ill and needed a life saving
blood transfusion
.
The parents of the baby refused to the blood transfusion due to their
religious beliefs
as Jehovah Witnesses.
The Children's University Hospital, Temple Street where the child was been treated applied for an order from the
High Court
to sanction the necessary blood transfusion.
(D) What was the decision in the case?
Hogan J. ruled that this was an exceptional case under
Article 42.5
of the Constitution which justified the intervention of the
state
.
Therefore the court ordered that the hospital could give the
blood transfusion
to the baby.
(A) The Court Division where the case was heard.
The Case of Re Baby AB was heard in the
High Court
.