MURPHY v. IRELAND JUDGMENT
5
“It therefore appears to the court that the ban on religious advertising contained in
section 10(3) of the 1988 Act is rationally connected to the objective of the legislation
and is not arbitrary or unfair or based on irrational considerations. It does appear to
impair the various constitutional rights referred to as little as possible and it does
appear that its effects on those rights are proportional to the objective of the
legislation.”
18. In any event, once the impugned provision was broadly within the
competence of parliament and parliament had respected the principle of
proportionality, the Supreme Court indicated that it was not for it to
interfere simply because it might have made a different decision. The
presumption of constitutionality of the legislation had not therefore been
rebutted and the applicant's appeal could not be allowed.
II. RELEVANT LAW
A. The Irish Constitution
19. Article 40 of the Constitution provides, in so far as relevant, as
follows:
“3(1) The State guarantees in its laws to respect, and, as far as practicable, by its
laws defend and vindicate the personal rights of the citizen. ...
6(1) The State guarantees liberty for the exercise of the following rights, subject to
public order and morality:–
(i) the right of the citizens to express freely their convictions and opinions.
The education of public opinion being, however, a matter of such grave import
to the common good, the State shall endeavour to ensure that organs of public
opinion, such as the radio, the press, the cinema, while preserving their rightful
liberty of expression, including criticism of Government policy, shall not be used
to undermine public order or morality or the authority of the State.
The publication or utterance of blasphemous, seditious, or indecent matter is an
offence which shall be punishable in accordance with the law.”
20. Article 44, in so far as relevant, reads as follows:
“2(1) Freedom of conscience and the free profession and practice of religion are,
subject to public order and morality, guaranteed to every citizen. ...
(3) The State shall not impose any disabilities or make any discrimination on the
ground of religious profession, belief or status.”
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