must have an opportunity to prepare their case and be treated in an even-handed manner. Thus in the Dublin Weel Woman Centre Versus Ireland, the Supreme Court held that the High Court Judge Carroll, ought not adjudicate in a case concerning access to information on abortion n as she had previously as Chairwoman of the second omission on the status of women, written a letter to the Taoiseach expressing the support of the commission for right to access to abortion counseling and information services speaking for the Supreme Court, Denham J pointed out that there had been no suggestion that this letter would have resulted in any actual bias on the part of Carroll J in adjudicating the points of law at issue in the case; rather a Judge should offer to rescue himself or herself where there was even an appearance of bias. This test of appearance of bias rather then actual bias is consistent with the constitutional declaration in article 34.5.1 “to execute the judicial office without fear or favour, affection or ill-will”. This decision in Dublin Well-woman indicates the high standards of impartiality thus required. Judicial Independence in court also means that the Judge cannot be influenced by the state. This is seen where the court might force the Constitution to be amended. The Judge must be allowed to go against the state if he/she feels the state is wrong. In the Attorney General Versus X, the high court granted the Attorney General an injunction prohibiting the fourteen-year-old girl from leaving the state to have an abortion. It appeared that in the constitution, abortion was allowed in limited circumstances, to which the Supreme Court agreed, because the right to life of the mother was at risk. In response to the X case three proposed amendments to article 40.3.3 were put to a referendum in late l992. Two of these were passed, but after eight years no legislation on abortion was brought in. Mr. Justice Niall McC...
