The Concept Of “Aim Versus Effect” Is Prominent In Both The Areas Of The Constitutional Guarantee Of Equality And The Constitutional Guarantee:

The concept of “Aim versus Effect” is prominent in both the areas of the constitutional guarantee of equality and the constitutional guarantee of freedom to practice and profess religion. Whilst the aim of legislation may be legitimate, the effect is not always as desirable. For example, the aim of the Religious Discrimination Bill 2022 in Australia was to introduce additional protection from discrimination on religious grounds in a range of areas such as education, employment, and access to goods and services.

However, the effect of that Bill has been questioned on the basis that it might prioritize statements of religious belief over discrimination based on other grounds such as race, age, sex, and sexual orientation. Critically discuss how courts in Ireland have navigated this issue of “Aim versus Effect” in relation to the constitutional guarantees of equality and religion.