Political constitutionalism under a culture of legalism: Case studies from Ireland

Abstract

Political constitutionalism understood in terms of autonomy of political judgement rather than allocation of powers - Irish case studies as example - Judicial doctrines recognise political discretion concerning rights - However, legalism or legal constitutionalism arises within the sphere of political judgement itself - Legal constitutionalism restricts political autonomy epistemically as well as institutionally.