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.
