Monday 23 October 2017

Faced with gutless politicians, we need judges to make laws

DURING a recent address, former Attorney General Peter Sutherland said it was "quite wrong" for politicians to delegate to the courts decisions they don't want to address themselves – especially when they are politically or morally controversial.

Sutherland cited, as an example, the 1983 anti-abortion amendment, which deliberately did not define the 'unborn'.

The Fine Gael stalwart wondered if we were asking too much of the courts, when the Oireachtas knows that because of ambiguous measures – to that we could add an outright refusal to legislate – it will ultimately fall to judges to make laws.

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