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Ireland Option: The Executive Branch

Informal constitutional change and the executive

  • 3 things to know
  • A2 Unit 1

Overview

Informal constitutional amendment and convention that has reshaped the office of Taoiseach.

What you need to know

Answer each one before you reveal it.

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Numbers

How does judicial interpretation change the Constitution without a referendum?

Key term

How has European Union membership altered the executive without amending the text on the executive?

Key term

How can informal change be reversed more easily than formal change?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is meant by informal constitutional amendment?

    Model answer

    Informal amendment is change in how the constitution operates without any change to its text, through judicial interpretation, legislation, convention and practice.

  2. 2

    How does judicial interpretation change the Constitution without a referendum?

    Model answer

    The courts decide what the text means in new circumstances, and the meaning can develop considerably over time. The recognition of personal rights not written into the text, beginning with the Ryan case in 1965, expanded constitutional protection without a single word being added.

  3. 3

    Give an example of a convention that has reshaped the office of Taoiseach.

    Model answer

    The rotating Taoiseach agreed in 2020 divided a single constitutional office between two party leaders across one term. Nothing in the text provides for it, and nothing in the text prevents it.

  4. 4

    How have super junior ministers changed Cabinet practice?

    Model answer

    Ministers of State attending Government meetings sit at the table and take part in discussion without being members of the Government. The practice expands the effective size of the Cabinet beyond the fifteen the Constitution allows for decision-making.

  5. 5

    How did programme managers change the executive process?

    Model answer

    Programme managers appointed from 1993 gave each minister a political coordinator working across the coalition to keep the programme for Government on track. Coordination shifted towards political appointees alongside the permanent civil service.

  6. 6

    How has European Union membership altered the executive without amending the text on the executive?

    Model answer

    Ministers take decisions in the Council of the European Union that bind the State, and a great deal of law now originates in Brussels and is implemented by statutory instrument. Executive power moved outwards and upwards while the wording of the Constitution stayed the same.

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Assent was last in 1708.
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AFianna Fáil had always refused to share power.
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