Judicial power and popular control
in The political theory of the Irish Constitution
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This chapter considers how republican ideas inform the debate about the role of courts in reviewing the constitutionality of legislation, and more generally the relationship between judicial and legislative power. It considers republican objections to the powers of constitutional courts. Finally, it considers whether an intermediary model – which emphasises political as well as legal consideration of constitutional rights – might better satisfy the criteria of republican democracy.

The political theory of the Irish Constitution

Republicanism and the basic law


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