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This collection focuses on the particular nexus of popular
sovereignty and constitutional change, and the implications of the
recent surge in populism for systems where constitutional change is
directly decided upon by the people via referendum. It examines
different conceptions of sovereignty as expressed in constitutional
theory and case law, including an in-depth exploration of the
manner in which the concept of popular sovereignty finds expression
both in constitutional provisions on referendums and in court
decisions concerning referendum processes. While comparative
references are made to a number of jurisdictions, the primary focus
of the collection is on the experience in Ireland, which has had a
lengthy experience of referendums on constitutional change and of
legal, political and cultural practices that have emerged in
association with these referendums. At a time when populist
pressures on constitutional change are to the fore in many
countries, this detailed examination of where the Irish experience
sits in a comparative context has an important contribution to make
to debates in law and political science.
This collection focuses on the particular nexus of popular
sovereignty and constitutional change, and the implications of the
recent surge in populism for systems where constitutional change is
directly decided upon by the people via referendum. It examines
different conceptions of sovereignty as expressed in constitutional
theory and case law, including an in-depth exploration of the
manner in which the concept of popular sovereignty finds expression
both in constitutional provisions on referendums and in court
decisions concerning referendum processes. While comparative
references are made to a number of jurisdictions, the primary focus
of the collection is on the experience in Ireland, which has had a
lengthy experience of referendums on constitutional change and of
legal, political and cultural practices that have emerged in
association with these referendums. At a time when populist
pressures on constitutional change are to the fore in many
countries, this detailed examination of where the Irish experience
sits in a comparative context has an important contribution to make
to debates in law and political science.
The Draft European Constitution was arguably both an attempt to
constitutionalise the Union, re-framing that project in the
language of the state, and an attempt to stretch the boundaries of
constitutionalism itself, re-imagining that concept to accommodate
the sui generis European Union. The (partial) failure of this
project is the subject of this collection of essays. The collection
brings together leading EU constitutional scholars to consider,
with the benefit of hindsight, the purportedly constitutional
character of the proposed Constitutional Treaty, the reasons for
its rejection by voters in France and the Netherlands, the ongoing
implications of this episode for the European project, and the
lessons it teaches us about what constitutionalism really means.
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