Legal Debating

[Vlerchan]

Legal debating tends to be quite structured. You have to work in a certain paradigm, regardless of agreement. It also has a reliance on skills that are not required in traditional debating, vast attention to details is a major one. So, I decided it might be fun to present some famous Irish cases, and for people to attempt to debate the solutions. I'm not expecting much interest here, since it's all quite niche, but I'm hoping two or three people might join in.

First up:

[Quinn's Supermarket and Fergal Quinn, Plaintiffs v. Attorney General, Jame's O'Leary, and The Minister for Industry and Commerce, Defendants [1972] IR 1.:]

The second plaintiff [Fergal Quinn] is the managing director of the first plaintiff [Quinn's Supermarket], the proprietor of a butcher who has been sued for breach of the Order of 1948 pursuant of the powers vested in the third defendant [MoI&C] by s. 25 of the Shops (Hours of Trading) Act, 1938. The Order of 1948 declared that it was unlawful for the proprietor of a meat shop in a certain trading area to open or keep the shop open on any weekday before 8 a.m. or after 6 p.m. (except for Saturday) or after 6.30 p.m. on a Saturday. It was not unlawful to open and keep open a meat shop for trade on a Sunday, and shops which sold only Kosher meat opened for a short period on Sunday mornings. The Order of 1948 exempted from the provisions of the Order the proprietors of meat shops in which only Kosher meat was sold.
The plaintiff brings the case to the court on the grounds that the Order breaches Article 40, s. 1 of the Irish constitution: that all citizens, as human people, should be held as equal before the law, and Article 44, s. 2, sub-s. 3: that the state shall pose no discrimination on the basis of religious profession.

The relevant provisions are:

[Under the Shops (Hours of Trading) Act, 1938, s. 25 it is possible to:] declare that it shall not be lawful for the proprietor of any shop of a specified class (defined in such manner and by reference to such things as the Minister thinks proper) situate in such trading area to open or keep open such shop for the serving of customers on any weekday before a specified hour or after a specified hour (not being earlier than the hour of 6 p.m.)

http://www.irishstatutebook.ie/1938/en/act/pub/0003/sec0025.html#sec25

In this Order [of 1948] the expression "victualler's shop " means any shop in which the business of selling any one or more of the following, namely, fresh beef, mutton, lamb, and veal, is carried on (whether any other business is or is not carried on in that shop), but does not include any shop in which the only business carried on therein is that of selling meat killed and prepared by the Jewish ritual method [...]

[...][Various restrictions].

http://www.irishstatutebook.ie/1948/en/si/0175.html

[Article 40.1°:] All citizens shall, as human persons, be held equal before the law.

This shall not be held to mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function.

http://www.irishstatutebook.ie/en/constitution/index.html#article40

[Article 44.1°:] The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion.

[Article 44.2.1°] Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.

[Article 44.3°] The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.

http://www.irishstatutebook.ie/en/constitution/index.html#article44

So, opinions? There's also no right or wrong answer here.

[Atom]

All citizens shall, as human persons, be held equal before the law.
Funny.
So, opinions?
I'm not sure whether you want people to debate you in a legal manner or just say what they think about this particular case. I choose the latter.

I believe that we need to stop treating Jewish people special. This is exactly why they are hated so much by everyone. The part about antisemitism (the first 3-5 chapters of the book, I don't remember exactly) in the fairly famous book "The Origins of Totalitarianism" will tell you more. I personally like Jews (I'm 25% Jewish myself) and it's bullshit how they've been the scapegoat of all the troubles throughout the history.
That is all.

[Vlerchan]

[...] debate you in a legal manner [...]
I was hoping people with discuss the case with reference to the outlined articles. This is a question that also appears in US legal discussion if it makes it more interesting for other people. To note, interesting lines of inquiry might include:
Is the unequal treatment under the law lawful on consideration of Article 40.1° in full?
Does tension exist between the liberty and equality clauses in the Irish constitution? Is it sometimes required to void equal treatment in order to promote religious liberty? This should be considered in-line with Article 44.1°, which might be seem to recognise the importance of religious worship in Ireland.
Is it the state's role to judge what constitutes a religion, what correct doctrine for a religion (i.e., is the primacy of Kosher meat a required aspect of the Jewish faith?), which this necessarily entails.
I should also have added that the discrimination took place in favour of Jewish butchers because Jewish butchers refused to work on Saturdays for religious reasons. Because refrigeration did not exist this resulted in people who adhered to the primacy of Kosher meat being unable to consume meats on a Sunday. These facts are also quite important, so I apologise for leaving them out.