The Referendum,the Courts and Representative Democracy in Ireland

Abstract

This article examines the four referendums held in Ireland between 1983 and 1987. Special emphasis is placed on the constitutional framework. It is argued that the 1937 Irish Constitution created a tension between representative democracy and judicial review, as well as between parliamentary supremacy and sovereignty of the people. This is encapsulated in Article 6, which states that all executive, judicial and legislative authority is derived from the people under God. This article was used by the Supreme Court to strike down legislation which precipitated the 1984 and 1987 referendums and to refuse injunctions in the 1983 and 1986 referendums. Finally, the four referendums were called in response to interest group pressure and Supreme Court decisions, which indicates shifts in Ireland away from the traditional Westminister model that has operated in practice in Ireland since 1922.