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Unenumerated constitutional right identified by the Irish Courts


In the case of The State (Healy) v Donoghue [976] IR 325, the Chief Justice of the Supreme Court stated: ‘The requirements of fairness and of justice must be considered in relation to the seriousness of the charge brought against the person and the consequences involved for him. Where a man’s liberty is at stake, or where he faces a very severe penalty which may affect his welfare or livelihood, justice may require more than the
application of normal and fair procedures in relation to his trial.’