LAU33042 Changing Constitutions: Irish and Global Perspectives

Module Learning Outcomes with embedded Graduate Attributes  

On successful completion of this module, students should be able to:  

• Research legal materials effectively 
• Write coherently about constitutional change 
• Analyse instances of constitutional change 
• Evaluate instances of constitutional change 
• Present persuasive arguments on challenges/strengths of constitutional change processes 
• Work effectively as part of a team 

Module Content

Constitutional change movements have captured the Irish public imagination in recent years, in particular in relation to same-sex marriage and abortion. This module explores the role that the Constitution has played in changing Ireland, both through referendum campaigns and through court cases, such as the 1970s decision that led to the legalisation of contraceptives. The module traces Ireland’s changing values in the 20th and 21st centuries, from questions of social/sexual morality and national identity to questions of governmental design and Ireland’s integration in Europe.  It also engages with high profile international example of constitutional change that are of significant comparative value, for example the Australian experience of constitutional change in respect of the rights of indigenous persons.   

The module begins with a comparative and theoretical introduction to constitutions and constitutional amendment rules. There follows an analysis of the patterns of constitutional change under the current Bunreacht na hÉireann. Finally, the module turns to compare Ireland’s experience of constitutional change with key international comparators.   

Among the topics that will then be considered are the following:  

• Popular movements for constitutional reform: same-sex marriage and abortion 
• Populism and referendums  
• Children’s rights 
• Challenges to traditional family and gender roles 
• Deliberative democracy and the Citizens’ Assembly model 
• The protection of socioeconomic rights 
• The right to housing 
• Environmental constitutional rights 
• The role of the courts in constitutional change 

Throughout the module, students will be introduced to fundamental legal concepts, institutions and reasoning processes, placed in their appropriate political and social context.  

Recommended  Reading List   

The Constitution of Ireland 1937  

Oran Doyle, The Constitution of Ireland: A Contextual Analysis (Hart, 2018)  

Further online resources will be linked to on blackboard and a topic-specific reading lists for each section of the course will be provided in advance.  

Teaching and Learning Methods (including details of supervision)

Teaching and Learning will consist of weekly lecturers deliver to the students by the lecturer. Participation in class will be encouraged (but not assessed) by the lecturer covering key themes of each weekly topic.