A little Parthenon no longer: the proportionality of tobacco packaging restrictions on autonomous communication, political expression and commercial speech

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Eoin O'Dell


Irish Constitution, plain tobacco packaging, freedom of speech, political expression, autonomous communication, pressing and substantial reasons, proportionality


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.

Abstract 453 | NILQ 69.2.5 Downloads 542