Privacy and Contraception in the American and Irish Constitutions,7 St. Louis U. Pub. L. Rev. 287 (1988)
To an American constitutional lawyer, McGee v. Attorney General is the most intriguing of the Irish Supreme Court cases that Gerard Whyte has discussed. The initial fascination of the case comes from its obvious kinship with the United States Supreme Court's decision in Griswold v. Connecticut. Both decisions overturned laws that prohibited use or availability of contraceptives by married couples. Both decisions, moreover, were based on a constitutional right to privacy that was not explicitly recognized in the text of either the Irish or the United States Constitutions. Indeed, two of the Irish Justices drew direct support for finding a privacy right in the Irish Constitution from the American interpretation of the United States Constitution in Griswold.
Date of Authorship for this Version
Burt, Robert A., "Privacy and Contraception in the American and Irish Constitutions" (1988). Faculty Scholarship Series. Paper 805.