The State (Ryan) v Lennon  I.R. 370.
rights guaranteed, other than those expressly mentioned. An element of “timidity”2 characterised the early years of constitutional litigation as the judiciary were accustomed to the common law system. Keane has commented that constitutional jurisprudence was “inhibited” by the fact that the judges “had been, in the main, educated in the English constitutional tradition.”3 Judicial reluctance to consider an expansive view was reiterated forcefully in The State (Burke) v Lennon4 by Johnson J. and The State (Walsh) v Lennon,5 where Maguire J. spoke of potential “mischief and inconvenience.” In Re Article 26 and the Offences against the State (amendment) Bill,6 Sullivan C.J. “emphatically rejected”7 the suggestion that the clause was applicable to particulars and established the court’s view that the rights of individuals concerning the rights of citizens in general lay within the remit of the Oireachtas. These cases had the ultimate effect of discouraging any judicial investigation of the term “personal rights.” The general consensus at the time was that Article 40.3.1 could not be relied on to assert personal rights. Therefore, the provision received no attention for many years concerning its potential to become a valuable protection. The natural law view8 does not consider that Articles 40-44 are an exhaustive enunciation of the rights afforded constitutional protection, but espouses that unspecified rights inhere in natural law or are otherwise intrinsic in the Irish citizen due to the nature of the state. The many varying interpretations of natural law have caused problems in the development of Irish jurisprudence concerning fundamental rights. Criticism concentrates on inconsistency and a lack
Hamilton, “Remark: Matters of Life and Death,” 65 Fordham Law Review 543 at 544 (1996-97). Keane, “Judges as Lawmakers- The Irish Experience” (2004) 4(2) Judicial Studies Institute Journal 1 at 9. 4 The State (Burke) v Lennon  I.R. 136. 5 The State (Walsh) v Lennon  I.R. 112 at 124. 6 Re Article 26 and The Offences Against the State (Amendment) Bill  I.R. 470. 7 Hogan, “Unenumerated Personal Rights: Ryan’s Case Re-evaluated” (1990-92) 25-27 Irish Jurist 95 at 101. 8 Kelly, The Irish Constitution (Dublin, 3rd Ed.,...