Open AccessA little Parthenon no longer: the proportionality of tobacco packaging restrictions on autonomous communication, political expression and commercial speech
Author(s) -
Eoin O’Dell
Publication year - 2018
Publication title -
northern ireland legal quarterly
Language(s) - English
Resource type - Journals
eISSN - 2514-4936
pISSN - 0029-3105
DOI - 10.53386/nilq.v69i2.91
Subject(s) - constitutionality , statutory law , freedom of expression , commercial speech , proportionality (law) , politics , public health , law , constitution , political science , human rights , first amendment , medicine , supreme court , nursing
This paper evaluates the constitutionality of statutory restrictions upon tobacco packaging in Ireland. It concludes that public health and the protection of children constitute pressing and substantial reasons sufficient to justify the Public Health (Standardised Packaging of Tobacco) Act 2015 and part 5 of the Health (Miscellaneous Provisions) Act 2017 as proportionate restrictions upon tobacco companies’ freedom of political expression protected by Article 40.6.1 of the Constitution and freedom of autonomous communication protected by Article 40.3.1.