The Triangular Constitution: Constitutional Pluralism in Ireland, the EU and the ECHR by Tom Flynn
Date | 01 January 2020 |
Author | Ciarán Donohue |
164
e Triangular Constitution: Constitutional
Pluralism in Ireland, the EU and the ECHR
CIARÁN DONOHUE*
e Triangular Constitution: Constitutional Pluralism in Ireland, the EU and the
ECHR by Tom Flynn (Hart Publishing 2019)
In a fascinating new monograph,1 Tom Flynn posits his theory of ‘triangular
constitutionalism’, a new way of thinking about the relationship between the Irish,
EU and ECHR legal orders.
Flynn’s theory is grounded on a critique of ‘constitutional pluralism’, the notion that
interacting legal systems should not be regarded as being hierarchically arranged,
with one ‘on top of the others’, but rather pluralistic and heterarchical, with legal
actors in dierent orders making competing claims to supremacy. is book argues
that Ireland’s tripartite constitutional relationship with the EU and ECHR legal
orders is neither hierarchical nor heterarchical, neither horizonal nor vertical, but
triangular, with each of the three orders forming the vertices of a triangle, and the
relationships between them the triangle’s sides.
Scholars have long grappled with questions such as: what is the relationship
between the EU legal order and those of its Member States? Who has the ultimate
say in cases of constitutional conict? And, how can we accurately characterise the
interaction between these competing and overlapping legal orders? Since the 1990s,
the eld has yielded a wealth of meandering theoretical discussion falling under the
broad umbrella of constitutional pluralism.2 As Flynn recognises, constitutional
pluralism has been criticised as ‘too messy and therefore too vacuous …’,3 and ‘a
remarkably underspecied concept which allows a multiplicity of meanings’.4 Not
long ago a scholar wondered whether there was ‘anything le to say’ on the topic.5
* Ciarán Donohue is a solicitor.
1Tom Flynn, e Triangular Constitution: Constitutional Pluralism in Ireland, the EU and the ECHR
(Hart Publishing 2019).
2See for example, Neil MacCormick, ‘Beyond the Sovereign State’ (1993) 56 Modern Law Review
1; Julio Baquero Cruz, ‘e Legacy of the Maastricht-Urteil and the Pluralist Movement’ (2008) 14
European Law Journal 389; Neil Walker, ‘Constitutional Pluralism Revisited’ (2016) 22 European
Law Journal 333.
3Flynn (n 1) 11, quoting Klemen Jaklič, Constitutional Pluralism in the EU (Oxford University Press
2014) 191.
4Flynn (n 1) 11, quoting JHH Weiler, ‘Prologue: Global and pluralist constitutionalism – some
doubts’ in Gráinne De Búrca and JHH Weiler (eds), e Worlds of European Constitutionalism
(Cambridge University Press 2012) 9.
5Julio Baquero Cruz, ‘Another Look at Constitutional Pluralism in the European Union’ 22(3)
European Law Journal 356.
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
