The Constitution, Politics and Public Policy

Abstract

This paper (a chapter from the forthcoming Oxford Handbook in Irish Politics) examines how constitutional law affects the nature of politics and public policy in Ireland. It explores the question: how has constitutional interpretation shaped the choices made by the political branches in their approach to public policy?

Proceeding from an account of how a constitutional text relates to its socio-political context, the paper identifies several less commonly-explored mechanisms by which constitutional law (broadly conceived to include narratives and perceptions of the constitutional position) can affect public policy.

These include constitutional signalling; the privileging of particular perspectives in political bargaining; and the impact of professional legal norms on pre-legislative choices.

Keywords: Constitution, Constitutional, law, politics, public, policy