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40 Dublin U. L.J. 107 (2017)
Revisiting Article 41.2

handle is hein.journals/dubulj40 and id is 369 raw text is: Revisiting Article 41.2 Laura Cahillane* Throughout the history of Bunreacht na hEireann, Article 41.2 has been one of the most consistently controversial provisions. From the moment the Constitution was published, this provision provoked anger from women's groups and for a long time now it has been generally recognised that this pro- vision is in need of reform. Following years of vague promises to take action, the Government recently announced its intention to hold a referendum on Article 41.2 in the coming year. However, at present, it is unclear whether the referendum proposal would be one which would repeal the provision or amend it. In this context and in advance of a potential referendum campaign, the aim of this piece is to attempt to clarify the purpose and potential of this provision with a view to recommending the most appropriate approach for a vote on this topic. First, it will be necessary to go back and investigate the origins and origi- nal intent behind this seemingly unusual provision. Then the practical effect of the provision, in terms of its impact on case law, will be analysed. Finally, poten- tial reform proposals will be considered. The Origins of Article 41.2 Drafts of the Constitution Many writers have mused about the potential original intent of Article 41.2 and the reasons for its inclusion in the Constitution in the first place. The provision had no equivalent in the earlier Constitution and was one of the new additions inserted in 1936. The first trace of this provision appears in the very simple form of'protection of maternity'in John Hearne's Draft Heads of a Constitution, drawn up in October 1936. Article 62 of this early draft reads as follows: The Family 1. Guarantee of the constitution and protection of the family as the basis of moral education and social discipline. 2. Protection of marriage. 3. Prohibition against attacks on purity, health and sacredness of family life. 4. Protection of maternity.' * Lecturer in Law, School of Law, University of Limerick. 1. UCD Archives: P150/2373.

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