The legislation in all but two of the 14 previous presidential referrals to the Supreme Court was deemed constitutional, writes Arthur Beesley, Political Reporter.
While the referral of the Health Amendment (No 2) Bill follows a meeting on Tuesday of the Council of State, the President has absolute discretion to decide whether to ask the Supreme Court for a ruling on a piece of legislation.
She has referred sections from two Bills to the court in the past, but never an entire Bill as in the current case.
The previous referrals were in June 2000 when the President asked the Supreme Court to test a section of the Planning and Development Bill of 1999 and two sections from the Illegal Immigrants Trafficking Bill of 1999. These sections deemed constitutional.
Kelly on the Constitution, the standard textbook on Constitutional law, suggests there has been an increase in the use of the procedure, with six of the 14 previous references taking place since 1993.
Parts of the Employment Equality Bill of 1996 fell when examined by the court in 1997. Similarly, the Matrimonial Homes Bill of 1993 fell when examined in 1993-94.
Each of the other pieces of legislation assessed by the court was deemed constitutional.
These included: the Equal Status Bill of 1997; the Regulation of Information (Services outside the State for Termination of Pregnancies Bill) of 1995; the Adoption No 2 Bill of 1987; the Electoral Amendment Bill of 1983; and the Housing (Private Rented Dwellings) Bill of 1981.