ABSTRACT
Constitutional litigation in Ireland is characterized by remarkably high levels of judicial restraint and deference to the legislative branch compared to other European jurisdictions. The main findings of the Irish study indicate that Irish courts’ approach to constitutional remedies is relatively uniform and lacks diversity and, overall, the average strength of rulings is low. This chapter analyzes the data on Irish courts’ decision-making and examines the factors that explain why these clear trends emerge. First, the text of the Irish Constitution imposes quite prescriptive rules that restrict the relationship and interactions between the judicial and legislative branches. Second, the courts have self-imposed high levels of deference vis-à-vis the legislative branch since the Constitution was introduced in 1937. Finally, Irish politics during the period analyzed has been characterized by stability and a centrist political agenda.
