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Equality Before Law

Constitutional Law

Case NameDescription
McMahon v Leahy Man's part in escape was essentially the same as other four, so the State could not seek extradition since it had failed to challenge four others' right to political exemption
O'Brien v Keogh Law allowing minor not in custody of a parent 3 years from age 21 to sue for personal injury was on fact establishing equality between two groups
Nicolaou Natural father did not have to be informed of adoption of illegitimate child as he could be a rapist, customer of a prostitute etc.
Murphy v AG Greater tax liability of married couples living together was not invidious discrimination as it was justified by the particular social function of married couples living together Was however an inducement not to marry
Brennan v AG Equality was not relevant to rates on agricultural land as it applied irrespective of the person occupying it
DeBurca v AG Property qualification for jury service had no relation to integrity, intelligence etc.
Lowth v Minister for Social Welfare No equivalent for husbands required for deserted wives' benefit as wives have a different social function from husbands
M v Ireland Man facing trial for indecent assaults on males committed before punishment had been equalised was subject to the lesser sentence as the law had been prima facie discriminatory on grounds of sex
D(M) (a minor) v Ireland No punishment for female child under the age of 17 having sex with an underage boy valid in light of different risks and harms posed
O'B v S Unequal inheritance right for illegitimate children valid to protect the family founded on marriage
Re Employment Equality Bill Cut-off for age discrimination at 18 and 65 was not an irrational or arbitrary choice
Created by: maevb