ABSTRACT

The chapter analyses the Irish constitution, which, dating from 1937, outlines the framework of liberal democracy. The constitution built significantly on its predecessor regarding the framework for governance, while introducing the new office of President, and its specification of the rules of the political game remains largely unaltered since its promulgation. However, the document was significantly influenced by contemporary Catholic thought and, as Irish society modernised, this imprint of a 1930s Catholic ethos meant that the constitution was increasingly at odds with a liberalising political culture. Referendums on divorce, same-sex marriage and abortion have brought about significant change to the constitution. The chapter also discusses the issue of whether socio-economic rights should be enshrined in the constitution. The role and power of the judiciary in interpreting and giving effect to the constitution is analysed, as is the broader question of whether there is a fundamental tension between the ideas of constitutionalism and democracy.