ABSTRACT
Popular sovereignty looms large in the Irish constitutional imaginary. It provides a foundational basis for the constituted structure of the Irish state, while the constitutional referendum process is regularly utilised to settle politically divisive issues. More indirectly, the sacrosanct status of popular sovereignty exerts a significant influence on both constitutional law doctrine and the functioning of the institutions of Irish parliamentary democracy. In general, the ‘plebiscitary’ elements of Irish democracy are widely viewed as essential to its healthy functioning. This stands in stark contrast to how popular sovereignty is conceptualised in many other constitutional systems, where it tends to be viewed as something best contained and channelled through the mediated structures of representative politics. The Irish approach thus represents a distinct approach to popular self-government, which reflects a radically democratic understanding of the sources of constitutional legitimacy. Whether it represents a path that other states can or should follow is questionable: the Irish take on popular sovereignty reflects its distinct historic and political experience, and its radical democratic underpinnings do not necessarily translate over into the day-to-day workings of the constituted organs of the Irish state. However, for all its blind spots and limitations, the Irish attachment to popular sovereignty remains notable. Circumscribed in scope and content, it nevertheless continues to be a potent channel for the expression of democratic energies.
