The irish model of fundamental rights

Abstract

The irish model of fundamental rights provides an interesting comparator for the Spanish model. Positive elements which could inspire an improvement of our model: the express development of unenumerated rights within the current catalog of rights; a statutory mechanism for declaration of incompatibility between national law and the ECHR; a frequent call to reform the constitution via a referendum process; and a more accessible and less politicized system of constitutional review of laws. Problems common to both countries, are the delay in implementation of recent trends in international law and doctrine; it is also worth mentioning: a resistance to overcoming the formal conception of equality and recognizing fundamental socio-economic rights, and a weak and incoherent use of the principle of proportionality.