Building a Swiss Chalet in an Irish Legal Landscape? Referendums on European Union Treaties in Ireland & the Impact of Supreme Court Jurisprudence

Abstract

Irish legal framework on European referendums – Case-law – Judicial activism – No appropriate legislative reaction – Essential scope or objectives test – Constitutional amendment necessary if test not met – Single Act – Pressure for referendum at each new treaty – Political implications – Positive and negative sides of referendums – Referendum-elites – Government sidelined – Equal access to broadcasting – Issues of equality – Diminished role of political parties