The Constitution of Ireland: A Contextual Analysis (Constitutional Systems of the World)

This book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts’ interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity. Acknowledgements Table of Contents Glossary of Irish Language Terms Table of Cases Table of Legislation,Agreements and Treaties 1. Beginnings, Influences and Evolution I. Introduction II. Irish Constitutional History: 1782 to 1922 III. The Irish Free State: 1922–1937 IV. Drafting a New Constitution V. Overview of the 1937 Constitution VI. Constitutional Ideology and Constitutional Balance of Power VII. Conclusion Further Reading 2. Constitutional Foundations I. Introduction II. People and Nation III. Who are the People? IV. Territory V. The Character of the State VI. International Relations VII. The European Union VIII. Continuing Relations with the UK and Northern Ireland IX. Conclusion Further Reading 3. Government and Oireachtas I. Introduction II. Party Politics III. The Government IV. Coalition Governments V. The Dáil Electoral System VI. Preserving a Fair Electoral Process VII. Seanad Éireann VIII. The Internal Organisation of the Houses of the Oireachtas IX. The Attorney General and Director of Public Prosecutions X. Conclusion Further Reading 4. The President I. Introduction II. The Election and Removal of the President III. The Roles of the President IV. The Evolution of the President's Role V. Conclusion Further Reading 5. Legislative Power and Interpretation I. Introduction II. Preparation of Legislation for the Oireachtas III. Passage through the Oireachtas IV. Legislative Debate V. Constitutional Limits on the Form of Legislation VI. The Attorney General as a Veto-holder in the Legislative Process VII. The Oireachtas Elected in 2016 VIII. The Interpretation of Legislation by the Courts IX. Conclusion Further Reading 6. Governance and Public Administration I. Introduction II. Executive Power III. Public Administration IV. The Operation of Government V. Dynamics Within the Government VI. Financial Governance VII. Local Government VIII. Semi-State Companies and Privatisation IX. Conclusion Further Reading 7. Political Constraints on the Government I. Introduction II. Tribunals of Inquiry and Commissions of Investigation III. Oireachtas Committees IV. Accountability in the Dáil V. Financial Accountability VI. Accountability Institutions VII. Conclusion Further Reading 8. Courts and the Legal Constraint of the Government I. Introduction II. Court Structure III. Judicial Control of Legislative, Executive and Administrative Power IV. Judicial Independence and the Appointments Process V. Security of Judicial Tenure VI. Security of Judicial Remuneration VII. The Profile of the Judiciary VIII. Conclusion Further Reading 9. Fundamental Rights and Judicial Power I. Introduction II. Constitutional Text: Competing Intellectual Traditions III. Waning of Natural Law Influences IV. The Move to Non-intervention V. Standards of Review and Judicial Deference VI. Administrative Action VII. Crime VIII. Emergencies and Exceptions IX. Influence of the European Convention on Human Rights X. Horizontality XI. Processes of Rights Litigation XII. Conclusion Further Reading 10. Constitutional Change I. Introduction II. Informal Constitutional Change III. The Forms and Limits of Constitutional Amendment IV. Pattern of Constitutional Amendment V. Constitutional Change: Dilution of Nationalistic and Catholic Characteristics VI. The Constitutionalisation of Social Change: an Abdication of Political Responsibility? VII. Constitutional Change and the Balance of Power VIII. Conclusion Further Reading 11. Conclusion Index "The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts' interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity."-- Page [4] of cover "The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts' interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity."-- Back cover