Members of the Campaign Against the EU Constitution have said they will consider taking a constitutional challenge if the Lisbon Treaty referendum is re-run.
Legal advice to the campaign has said grounds could be found to bring a challenge on the basis that by asking the people to vote again on exactly the same treaty, the Government would be acting unconstitutionally.
The comments came as Taoiseach Brian Cowen prepared to present a roadmap on the way forward for Ireland following the rejection on the Lisbon Treaty referendum last June.
Former Green Party MEP Patricia McKenna, who is affiliated to the campaign through the People's Movement, said there were also serious constitutional question marks hanging over the survey carried out after the referendum to find out why people voted the way they did.
She said a number of issues were involved in the Hanafin case, a challenge taken on foot of the divorce referendum in 1995, but the judgment made it quite clear that the Government could not "go behind the backs of the people after a vote" to try and look for ways to get around their decision.
She also said if the Government decided to try and pass some parts of the Lisbon Treaty through the Dail that would open the door for a legal challenge because people have already voted on the treaty.
"I think the government have to be very careful," she said.
Michael Youlton, co-ordinator of the campaign and a member of the Irish anti-war movement said all bets are off at the moment and if a legal challenge was necessary, the campaign would find the funds.
