Ms Mary O'Toole:

It depends on the format it takes but once one puts in specific wording, then that wording is likely to be interpreted. That is if we go on past experience to inform our thinking. The eighth amendment was interpreted by the Supreme Court and that test has been in place since 1991. It means a certain thing and it applies across the board in cases where it arises as meaning a particular thing. If we put a provision into the Constitution, one runs the risk that it will be interpreted in a particular way and will be difficult to change that interpretation. Once the Supreme Court decides on the meaning of a particular provision, then that binds all the lower courts. It is applied in a particular way.

Putting a long list or elaborate provisions into the Constitution runs the risk that it will end up meaning something a little bit different to what it was intended to mean. In any event, once it is interpreted, then that interpretation is likely to pertain for a long period. One does not have the flexibility one would have in legislation where one could amend or repeal if there was public disquiet about it. One would need another referendum to the change it.