Constitutional Foundations Of Irish Electoral Law: Entrenchment, Equality, And Judicial Oversight
- IJLLR Journal
- Jan 1
- 1 min read
Tadgh Quill-Manley, Student at King’s Inns
ABSTRACT
This article examines Irish electoral law as a constitutional system rather than a merely statutory framework. It argues that electoral rules in Ireland derive their coherence and durability from constitutional entrenchment, particularly through Articles 16.1.2°, 16.2.3°, and 16.2.5° of Bunreacht na hÉireann. The article traces the historical foundations of the electoral system, including the early adoption and constitutionalisation of proportional representation by the single transferable vote, and analyses the judiciary’s role in enforcing constitutional limits on representation, most notably in O’Donovan v Attorney General. It explores the development of the franchise, highlighting the Constitution’s structured approach to suffrage and the cautious legislative extension of voting rights. The article further examines the regulation of campaign finance, political advertising, and referenda, emphasising the distinctive Irish commitment to equality and fairness over unregulated political expression. Finally, it situates Irish electoral law in a comparative and international context, demonstrating its distinctive position within the common law tradition.
Keywords: Ireland, Elections, Constitution, Politics, Reforms
