You have full access to this open access chapter. The report observes that apart from constitutional guarantees on fair trial and habeas corpus , most fundamental rights provisions are expressed at a high level of generality. A distinctive feature is that the Constitution can only be amended by a referendum, and this is indeed frequently done, including with regard to EU law.
The Constitution is a key part of the political debate, and extensive constitutional issues have also arisen in relation to EU law.
Three of the most important data retention cases that have come before the ECJ have all originated from Ireland. Another notable case is Pringle , where an MP raised concerns about the large size of the financial liabilities undertaken by the ESM Treaty. With regard to the European Arrest Warrant, whilst the Irish courts carry out more extensive judicial review, the automaticity involved in mutual recognition has nevertheless been a constant source of concern for judges.
The rule of parliamentary reservation of law has led to extensive adjudication, e. You have full access to this open access chapter, Download chapter PDF. Footnote 1 Since June the Constitution can only be amended by means of a referendum. It replaced the Constitution of the Irish Free State , although key elements of that Constitution were preserved. That Constitution itself was the product of the Anglo-Irish War of β and the subsequent Treaty of December Despite the relative frequency with which the Constitution has been amended, its basic structure has remained unchanged.
In general, it may be said that the majority of the amendments have been designed either to delete the more nationalistic Footnote 2 or specifically Roman Catholic inspired provisions Footnote 3 or to deal with the various amendments to EU Treaties. Several amendments deal with the vexed question of abortion. Perhaps the single biggest institutional change has been the creation of a new Court of Appeal in October and the de facto re-constitution of the Supreme Court along US lines.
