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The first Irish Constitutional Convention: A case of “high legitimacy”?

Jane Suiter, David M. Farrell, Clodagh Harris, Eoin O’Malley

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Abstract

This paper examines the working of the first Irish Constitutional Convention held in 2013. It was argued that using a deliberative approach to reform the Constitution would be valuable as it would directly involve citizens in decisions of constitutional reform, thereby enhancing diminished democratic legitimacy and potentially re-configuring democratic practice. The Convention led to a referendum to recognize marriage equality, with Ireland becoming the first country to institute such equality by popular vote. This paper examines all facets of the Convention, deploying a framework of input, throughput, and output legitimacy. We find that it is in two of the areas that were initially a strong source of criticism—its composition and remit—that the Convention has been truly innovative in ways that have contributed to its legitimacy across multiple dimensions.

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What this paper is about

This paper examines the working of the first Irish Constitutional Convention held in 2013. It was argued that using a deliberative approach to reform the Constitution would be valuable as it would directly involve citizens in decisions of constitutional reform, thereby enhancing diminished democratic legitimacy and potentially re-configuring democratic practice. The Convention led to a referendum to recognize marriage equality, with Ireland becoming the first country to institute such equality by popular vote. This paper examines all facets of the Convention, deploying a framework of input, throughput, and output legitimacy. We find that it is in two of the areas that were initially a strong source of criticism—its composition and remit—that the Convention has been truly innovative in ways that have contributed to its legitimacy across multiple dimensions.

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Available abstract

This paper examines the working of the first Irish Constitutional Convention held in 2013. It was argued that using a deliberative approach to reform the Constitution would be valuable as it would directly involve citizens in decisions of constitutional reform, thereby enhancing diminished democratic legitimacy and potentially re-configuring democratic practice. The Convention led to a referendum to recognize marriage equality, with Ireland becoming the first country to institute such equality by popular vote. This paper examines all facets of the Convention, deploying a framework of input, throughput, and output legitimacy. We find that it is in two of the areas that were initially a strong source of criticism—its composition and remit—that the Convention has been truly innovative in ways that have contributed to its legitimacy across multiple dimensions.

Key concepts: Referendum, Convention, Legitimacy, Irish, Democratic legitimacy, Political science, Democracy, Law

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