Ireland’s Constitutional Amendability and Europe’s Constitutional Ambition<sup>†</sup>

Maria Cahill

in Comparative Law as Transnational Law

Published in print December 2011 | ISBN: 9780199795208
Published online January 2012 | e-ISBN: 9780199919307 | DOI:
Ireland’s Constitutional Amendability and Europe’s Constitutional Ambition†

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This chapter examines the constitutional conflict that occurs in the context of Ireland's rejection of the Lisbon Treaty. It begins by distinguishing the concepts “direct democracy” and “constitutional democracy” in order to clarify the importance of referenda if they are used as the constitutional amendability procedure in a functioning constitutional democracy. It then considers the place of amendability procedure in Irish constitutional history. It discusses Ireland's constitutional amendability procedure vis-à-vis European treaty referenda. The chapter concludes by examining the three ways in which Europe's constitutional ambitions are intimately tied up with national constitutional amendability procedures.

Keywords: Ireland; Lisbon Treaty; amendability procedure; Irish constitutional history; European constitution; constitutional democracy

Chapter.  12747 words. 

Subjects: Public International Law

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