Is the ‘good name’ clause a bad idea?

Michael Clifford is correct about tribunals, their costs, etc. But he does not explain the legal basis for those costs and delays.

Is the ‘good name’ clause a bad idea?

Article 40.3.2° of the Constitution lists the State’s duty to vindicate the rights of every citizen and their ‘good name’. That sounds reasonable until you wonder about people whose ‘good name’ derives from being good at hiding their crimes.

It should be called ‘the presumption of living sainthood’. As interpreted by the Supreme Court, this clause means that if any tribunal says that a named individual has so much as bad breath, the tribunal must respond as if that person had been accused of murder and ‘vindicate the saint’.

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