Economic, social and cultural rights in Ireland: models of constitutionalisation

The recommendation of the Constitutional Convention in Ireland to strengthen the protection of economic, social and cultural (ESC) rights in the Irish Constitution marks a historic moment in the trajectory of human rights protection in Ireland. This article explores potential options open to Ireland for ESC constitutionalisation. This examination is predicated with some of the legal considerations around the potential constitutionalisation of ESC rights including: an explanation of what is meant by ESC rights; whether ESC rights are already protected in Ireland; whether the Constitution is an appropriately place for their protection; and whether a legal mandate exists to constitutionalise these rights. The constitutional models are then examined in terms of their legitimacy and viability according to the particular circumstances of Ireland and the appropriate separation of powers between executive, legislative and judicial branches of the State is considered. The article concludes with a template for ESC constitutionalisation taking into consideration the allocation of limited financial resources available to the State and the possibility of conflicting constitutional rights.