Wednesday 13 December 2017

Kenny will argue his case while hoping that he loses

SOMETIMES politics is a really odd carry-on – and even more odd when it enmeshes with the gown and wig-wearers in the law courts. Take that meeting in Aras an Uachtarain just after lunch this afternoon, when the Council of State gets together to advise President Michael D Higgins. The Taoiseach, Enda Kenny, will go in arguing that the abortion legislation he successfully drove through the Dail and Seanad is in keeping with the Irish Constitution.

How could any government ever concede that the laws they make set out to contravene the Constitution? But Mr Kenny, and the Government generally, will hope they lose part one of that argument, and President Higgins will send the Protection of Life During Pregnancy Bill 2013 to the Supreme Court to test whether it accords with Bunreacht na hEireann.

The second half of that equation is that Mr Kenny will then fervently hope that the Supreme Court judges will, within the 60 days given them, decide that the new law is in line with the Constitution.

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