In the Constitutional Hall of Mirrors: Reflections of the Irish Constitution from Abroad

Abstract

The Programme for Government of the Fine Gael-Labour coalition formed after the 2011 general election contains a commitment to establish a “Constitutional Convention” to advise on the desirability and form of constitutional amendments in relation to a series of specified matters and to propose other amendments it considers to be appropriate. This commitment appears to have been prompted, at least in part by the recommendation made by the Joint Committee on the Constitution, that the issue of electoral reform be considered by a citizens’ assembly. It seems timely to review how the Irish constitutional and Irish constitutional practice has been viewed and appraised in the course of similar exercises in Canada and Australia and what influence this has had there. A similar exchange of ideas and experiences can be found in the reflection of Irish constitutional law to be found in the case law of courts outside Ireland. Both the deliberations of the citizens’ assemblies and the analysis of foreign courts can offer a useful perspective on Irish constitutional law and practice. The first may hold valuable lessons for how the Constitutional Convention should operate and the second may be a source of persuasive arguments as to the proper development of Irish constitutional law itself.