Are the People the Masters? Constitutional Referendums in Ireland

Abstract

Abstract This chapter presents Ireland as a contemporary case-study in democratic constitutionalism where the people have amended their Constitution through popular referendum for over 80 years. As the only country in the world to have legalised same-sex marriage and abortion by popular referendum, Ireland provides a striking counter-narrative to the contemporary equation of plebiscites with populism, and direct democracy with constitutional demise. Exploring the promise—and perils—of referendums as a mode of constitutional change, we uncover a “referendum culture” which has developed in Ireland. We also identify multiple mechanisms which mediate the direct will of the people in achieving legitimate constitutional change. In an age of populism and democratic decay, Ireland travels in a different direction. Combining referendums with citizens’ assemblies and constitutional conventions, the Irish system enables people to deliberate and disagree on the deep social, political and constitutional issue, whilst ultimately allowing them to be part-author of what their Constitution means.