Ireland's Constitutional Amendability and Europe's Constitutional Ambition

Research output: Chapter in Book/Report/Conference proceedingsChapterpeer-review

Abstract

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.

Original languageEnglish
Title of host publicationComparative Law as Transnational Law
Subtitle of host publicationA Decade of the German Law Journal
PublisherOxford University Press
ISBN (Electronic)9780199919307
ISBN (Print)9780199795208
DOIs
Publication statusPublished - 19 Jan 2012

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Amendability procedure
  • Constitutional democracy
  • European constitution
  • Ireland
  • Irish constitutional history
  • Lisbon treaty

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