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dc.contributor.authorHOGAN, Hilary Ailbhe
dc.identifier.citationThe Irish jurist, 2022, Vol. 67, p.123en
dc.description.abstractIreland’s abstract review mechanism contains a design choice that appears to have had a significant impact on how it is used: under Art. 34.3.3, Bills which are found to be constitutional under the Art.26 procedure are permanently immune from further legal challenge. I suggest that the immunity provision under Art. 34.3.3 be abolished to encourage the President to avail of the Art.26 mechanism, removing one of the design features of Ireland’s form of abstract review linked to its decline. In Part 1, I outline the concept of abstract review and examine how Ireland’s abstract review mechanism has operated in practice. In Part II, I argue that the immunity in in Art. 34.3.3 is theoretically inconsistent with the ‘living Constitution’ approach adopted by the Irish courts and, at a practical level, it appears to have discouraged the President from referring Bills to the Supreme Court. I argue that the decline in Art.26 references has been aided by the weight afforded by the Government to legal advice from the Attorney General. The comparable convenience of sounding out legal advice has meant that the Government is less inclined to use their soft power to encourage the exercise of the Art.26 reference procedure. In Partt III, I propose the abolition of Art 34.3.3 to encourage greater use of the Art.26 mechanism.en
dc.publisherUCD Sutherland School of Lawen
dc.relation.ispartofThe Irish juristen
dc.titleThe decline of Article 26 : reforming abstract constitutional review in Irelanden
dc.rights.licenseAttribution 4.0 International*

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Attribution 4.0 International
Except where otherwise noted, this item's license is described as Attribution 4.0 International