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Ireland Option: Comparative Government and Politics

Codified and uncodified constitutions compared

  • 3 things to know
  • A2 Unit 1

Overview

Key constitutional difference between Ireland and the United Kingdom and parliamentary sovereignty.

What you need to know

Answer each one before you reveal it.

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Key term

What replaces parliamentary sovereignty in the Irish system?

Numbers

Give evidence that United Kingdom constitutional change requires only ordinary legislation.

Key term

How does the power of a United Kingdom court over an incompatible statute differ from that of an Irish court?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is the key constitutional difference between Ireland and the United Kingdom?

    Model answer

    Ireland has a codified constitution, Bunreacht na hÉireann, contained in a single document that is superior to ordinary law. The United Kingdom's constitution is uncodified and drawn from statute, common law, convention and authoritative works.

  2. 2

    What is parliamentary sovereignty?

    Model answer

    Parliamentary sovereignty is the principle that Parliament may make or unmake any law, that no Parliament can bind its successors, and that no court may set aside an Act of Parliament.

  3. 3

    What replaces parliamentary sovereignty in the Irish system?

    Model answer

    Ireland has constitutional supremacy combined with popular sovereignty. The Constitution is the higher law, only the people can change it by referendum, and the courts may strike down legislation that conflicts with it.

  4. 4

    Compare how each constitution can be changed.

    Model answer

    The Irish Constitution can be amended only by a bill passed by both Houses and then approved by the people in a referendum. The United Kingdom's constitution can be changed by an ordinary Act of Parliament passed in the normal way.

  5. 5

    Give evidence that United Kingdom constitutional change requires only ordinary legislation.

    Model answer

    Parliament created the devolved institutions by statute, passed the Human Rights Act in 1998, fixed parliamentary terms by statute in 2011 and repealed that statute in 2022. Each change went through as an ordinary bill.

  6. 6

    What can an Irish court do to a statute that a United Kingdom court cannot?

    Model answer

    An Irish court can declare an Act invalid for repugnancy to the Constitution, and the provision then has no legal effect. A United Kingdom court can only interpret a statute compatibly with rights where possible, or issue a declaration of incompatibility.

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The Northern Ireland Assembly
The Northern Ireland Executive Committee
The Northern Ireland Political Parties
The UK Parliament

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Assent was last in 1708.
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AFianna Fáil had always refused to share power.
BThe 1989 agreement ended that position.
CCoalition then became available to every party in the system.

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OFMDFM was the name used until 2016.
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