Saturday, April 28, 2012
Shatter's bill changes NOTHING. Seal of the Confessional remains.
Shatter's bill changes NOTHING. Seal of the Confessional remains.: Sacerdotal privilege is and was recognised as part of our domestic Constitutional law, ie a “rule of law” as far back as 1945 in a case titled Cook V. Carroll. I am unable, at present, to provide an open source access to it, so you will have to trust me on that particular issue. It’s not controversial anyway. Now, one argument made is that Judgment was given when the special position of the Catholic church was recognised constitutionally and, since it’s removal, the Judgment is no longer of such strength in terms of jurisprudence. However, the Supreme Court has held that that particular, now removed, provision of the Constitution had never any Constitutional effect. Johnston v Church of Scientology [2001] 1 IR 682 at 687, refers.?
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