This research paper considers the constitutional position in respect of a right to collective bargaining, in order to assess whether the Irish Constitution might protect such a right, and/or facilitate the protection of such a right in statute. It begins by offering a constitutional and legal context in respect of this right, and outlines relevant constitutional provisions. It continues by assessing whether there is a right to collective bargaining protected in the Irish Constitution, either as a facet of a textually-protected right to freedom of association, or as a separate derived constitutional right. It then considers if there are any constitutional impediments to the protection of such a right in statute, and considers possible conflicting rights and objections based on delegation of legislative power. It finally offers a series of conclusions based on this analysis.
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