The irish model of fundamental rights

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.