CONSTITUTION OF IRELAND
PREAMBLE
In the name of the Most Holy Trinity, from Whom is all authority and to
Whom, as our final end, all actions both of men and States must be referred,
We, the people of E/ire,
Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ,
Who sustained our fathers through centuries of trial,
Gratefully remembering their heroic and unremitting struggle to regain the
rightful independence of our Nation,
And seeking to promote the common good, with due observance of Prudence,
Justice and Charity, so that the dignity andfreedom of the individual may he
assured, true social order attained, the unity of our country restored, and
concord established with other nations,
Do herehy adopt, enact, and give to ourselves this Constitution.
In Ainm na Tri/ono/ide Ro/-Naofa is tobar don uile u/dara/s agus gur chuici,
o/s i/ is cri/och dheireanach du/inn, is di/rithe ni/ amha/in gni/omhartha
daoine ach gni/omhartha Sta/t,
Ar mbeith du/inne, muintir na hE/ireann, ag admha/il go huiri/seal a mhe/id
ata/imid faoi chomaoin ag I/osa Cri/ost, a/r dTiarna Dia, a thug comhfhurtacht
da/r sinsir i ngach cruatan ina rahhadar ar feadh na gce/adta bliain,
Agus ar mbeith du/inn ag cuimhneamh go bui/och ar a chalmacht a rinneadarsan
troid gan staonadh chun an neamhsplea/chas is dual da/r Na/isiu/n a bhaint
amach,
Agus ar mbeith du/inn a/ chur romhainn an mhaitheas phoibli/ a chur ar
aghaidh maille le Cri/onnacht agus le hI/onracas agus le Carthanacht de re/ir
mar is cui/, ionas go dtiocfaidh linn a uaisleacht agus a shaoirse a chur in
A/irithe do gach aon duine, saol ceart comhdhaonnach a bhunu/ , aiseag a
haontachta a thabhairt da/r dti/r, agus comhcharadra a dhe/anamh le nu/isiu/in
eile,
Ata/imid leis seo ag gabha/il an Bhunreachta seo chugainn, agus a/ achtu/
agus a/ thi/olacadh du/inn fe/in.
THE NATION.
THE NATION.
Article 1.
The Irish nation hereby affirms its inalienable, indefeasible, and sovereign
right to choose its own form of Government, to determine its relations with
other nations, and to develop its life, political, economic and cultural, in
accordance with its own genius and traditions.
Article 2.
The national territory consists of the whole island of Ireland, its islands
and the territorial seas.
Article 3.
Pending the re-integration of the national territory, and without prejudice
to the right of the Parliament and Government established by this Constitution
to exercise jurisdiction over the whole of that territory, the laws enacted by
that Parliament shall have the like area and extent of application as the laws
of Saorsta/t E/ireann and the like extra-territorial effect.
THE STATE.
THE STATE.
Article 4.
The name of the State is E/ire, or in the English language,
Ireland.
Article 5.
Ireland is a sovereign, independent, democratic state.
Article 6.
- All powers of government, legislative, executive and judicial, derive,
under God, from the people, whose right it is to designate the rulers
of the State and, in final appeal, to decide all questions of national
policy, according to the requirements of the common good.
- These powers of government are exercisable only by or on the authority of
the organs of State established by this Constitution.
Article 7.
The national flag is the tricolour of green, white and orange.
Article 8.
- The Irish language as the national language is the first official
language.
- The English language is recognized as a second official language.
- Provision may, however, be made by law for the exclusive use of either of
the said languages for any one or more official purposes, either
throughout the State or in any part thereof.
Article 9.
-
- On the coming into operation of this Constitution any person who was a
citizen of Saorsta/t E/ireann immediately before the
coming into operation of this Constitution shall become and be a
citizen of Ireland.
- The future acquisition and loss of Irish nationality and citizenship
shall be determined in accordance with law.
- No person may be excluded from Irish nationality and citizenship by
reason of the sex of such person.
- Fidelity to the nation and loyalty to the State are fundamental political
duties of all citizens.
Article 10.
- All natural resources, including the air and all forms of potential
energy, within the jurisdiction of the Parliament and Government
established by this Constitution and all royalties and franchises
within that jurisdiction belong to the State subject to all estates
and interests therein for the time being lawfully vested in any
person or body.
- All land and all mines, minerals and waters which belonged to
Saorsta/t E/ireann immediately before the coming into
operation of this Constitution belong to the State to the same extent
as they then belonged to Saorsta/t E/ireann.
- Provision may be made by law for the management of the property which
belongs to the State by virtue of this Article and for the control of the
alienation, whether temporary or permanent, of that property.
- Provision may also be made by law for the management of land, mines,
minerals and waters acquired by the State after the coming into
operation of this Constitution and for the control of the alienation,
whether temporary or permanent, of the land, mines, minerals and waters
so acquired.
Article 11.
All revenues of the State from whatever source arising shall, subject to
such exception as may be provided by law, form one fund, and shall be
appropriated for the purposes and in the manner and subject to the charges and
liabilities determined and imposed by law.
THE PRESIDENT.
THE PRESIDENT.
Article 12.
- There shall be a President of Ireland
(Uachtara/n na hE/ireann),
hereinafter called the President, who shall take precedence over all other
persons in the State and who shall exercise and perform the powers and
functions conferred on the President by this Constitution and by law.
-
- The President shall be elected by direct vote of the people.
- Every citizen who has the right to vote at an election for members
of Da/il E/ireann shall have the right to vote at an
election for President.
- The voting shall be by secret ballot and on the system of
proportional representation by means of the single transferable vote.
-
- The President shall hold office for seven years from the date upon
which he enters upon his office, unless before the expiration of
that period he dies, or resigns, or is removed from office, or
becomes permanently incapacitated, such incapacity being established
to the satisfaction of the Supreme Court consisting of not less than
five judges.
- A person who holds, or who has held, office as President, shall be
eligible for re-election to that office once, but only once.
- An election for the office of President shall be held not later
than, and not earlier than the sixtieth day before, the date of the
expiration of the term of office of every President, but in the
event of the removal from office of the President or of his death,
resignation, or permanent incapacity established as aforesaid
(whether occurring before or after he enters upon his office),
an election for the office of President shall be held within sixty
days after such event.
-
- Every citizen who has reached his thirty-fifth year of age is
eligible for election to the office of President.
- Every candidate for election, not a former or retiring President,
must be nominated either by:
- not less than twenty persons, each of whom is at the time a
member of one of the Houses of the oireachtas or
- by the Councils of not less than four administrative Counties
(including County Boroughs) as defined by law.
- No person and no such Council shall be entitled to subscribe to the
nomination of more than one candidate in respect of the same election.
- Former or retiring Presidents may become candidates on their own
nomination.
- Where only one candidate is nominated for the office of President it
shall not be necessary to proceed to a ballot for his election.
- Subject to the provisions of this Article, elections for the office of
President shall be regulated by law.
-
- The President shall not be a member of either House of the Oireachtas.
- If a member of either House of the Oireachtas be elected President,
he shall be deemed to have vacated his seat in that House.
- The President shall not hold any other office or position of emolument.
- The first President shall enter upon his office as soon as may be after
his election, and every subsequent President shall enter upon his office
on the day following the expiration of the term of office of his
predecessor or as soon as may be thereafter or, in the event of his
predecessor's removal from office, death, resignation, or permanent
incapacity established as provided by section 3
hereof, as soon as may be after the election.
- The President shall enter upon his office by taking and subscribing
publicly, in the presence of members of both Houses of the Oireachtas, of
Judges of the Supreme Court and of the High Court, and other public
personages, the following declaration :-
"In the presence of Almighty God I do solemnly and sincerely promise and
declare that l will maintain the Constitution of Ireland and uphold its
laws, that I will fulfill my duties faithfully and conscientiously in
accordance with the Constitution and the law, and that I will dedicate my
abilities to the service and welfare of the people of Ireland. May God
direct and sustain me."
- The President shall not leave the State during his term of office save
with the consent of the Government.
-
- The President may be impeached for stated misbehaviour.
- The charge shall be preferred by either of the Houses of the
Oireachtas, subject to and in accordance with the provisions of this
section.
- A proposal to either House of the Oireachtas to prefer a charge
against the President under this section shall not be entertained
unless upon a notice of motion in writing signed by not less than
thirty members of that House.
- No such proposal shall be adopted by either of the Houses of the
Oireachtas save upon a resolution of that House supported by not
less than two-thirds of the total membership thereof.
- When a charge has been preferred by either House of the Oireachtas,
the other House shall investigate the charge, or cause the charge to
be investigated.
- The President shall have the right to appear and to be represented at
the investigation of the charge.
- If, as a result of the investigation, a resolution be passed
supported by not less than two-thirds of the total membership of the
House of the Oireachtas by which the charge was investigated, or
caused to be investigated, declaring that the charge preferred
against the President has been sustained and that the misbehaviour,
the subject of the charge, was such as to render him unfit to
continue in office, such resolution shall operate to remove the
President from his office.
-
- The President shall have an official residence in or near the City of
Dublin.
- The President shall receive such emoluments and allowances as may be
determined by law.
- The emoluments and allowances of the President shall not be
diminished during his term of office.
Article 13.
-
- The President shall, on the nomination of Da/il E/ireann,
appoint the Taoiseach, that is, the head of the Government or Prime
Minister.
- The President shall, on the nomination of the Taoiseach with the
previous approval of Da/il E/ireann, appoint the other
members of the Government.
- The President shall, on the advice of the Taoiseach, accept the
resignation or terminate the appointment of any member of the
Government.
-
- Da/il E/ireann shall be summoned and dissolved by the
President on the advice of the Taoiseach.
- The President may in his absolute discretion refuse to dissolve
Da/il E/ireann on the advice of a Taoiseach who has
ceased to retain the support of a majority in Da/il
E/ireann.
- The President may at any time, after consultation with the Council of
State, convene a meeting of either or both of the Houses of the
Oireachtas.
-
- Every Bill passed or deemed to have been passed by both Houses of the
Oireachtas shall require the signature of the President for its
enactment into law.
- The President shall promulgate every law made by the Oireachtas.
- The supreme command of the Defense Forces is hereby vested in the
President.
-
- The exercise of the supreme command of the Defense Forces shall be
regulated by law.
- All commissioned officers of the Defense Forces shall hold their
commissions from the President.
- The right of pardon and the power to commute or remit punishment imposed
by any court exercising criminal jurisdiction are hereby vested in the
President, but such power of commutation or remission may, except in
capital cases, also be conferred by law on other authorities.
-
- The President may, after consultation with the Council of State,
communicate with the Houses of the Oireachtas by message or address on
any matter of national or public importance.
- The President may, after consultation with the Council of State,
address a message to the Nation at any time on any such matter.
- Every such message or address must, however, have received the
approval of the Government.
-
- The President shall not be answerable to either House of the
Oireachtas or to any court for the exercise and performance of the
powers and functions of his office or for any act done or purporting
to be done by him in the exercise and performance of these powers
and functions.
- The behaviour of the President may, however, be brought under review
in either of the Houses of the Oireachtas for the purposes of
section 10 of Article 12
of this Constitution, or by any court, tribunal or body appointed
or designated by either of the Houses of the Oireachtas for the
investigation of a charge under section 10 of the said Article.
- The powers and functions conferred on the President by this
Constitution shall be exercisable and performable by him only on the
advice of the Government, save where it is provided by this Constitution
that he shall act in his absolute discretion or after consultation with
or in relation to the Council of State, or on the advice or
nomination of, or on receipt of any other communication from, any other
person or body.
- Subject to this Constitution, additional powers and functions may be
conferred on the President by law.
- No power or function conferred on the President by law shall be
exercisable or performable by him save only on the advice of the
Government.
Article 14.
- In the event of the absence of the President, or his temporary incapacity,
or his permanent incapacity established as provided by section 3 of
Article 12 hereof, or in the
event of his death, resignation, removal from office, or failure to
exercise and perform the powers and functions of his office or any of
them, or at any time at which the office of President may be vacant,
the powers and functions conferred on the President by or under this
Constitution shall be exercised and performed by a Commission
constituted as provided in section 2 of this Article.
-
- The Commission shall consist of the following persons, namely, the
Chief Justice, the Chairman of Da/il E/ireann
(An Ceann Comhairle), and the Chairman of Seanad E/ireann.
- The President of the High Court shall act as a member of the
Commission in the place of the Chief Justice on any occasion on
which the office of Chief Justice is vacant or on which the Chief
Justice is unable to act.
- The Deputy Chairman of Da/il E/ireann shall act as a
member of the Commission in the place of the Chairman of Da/il
E/ireann on any occasion on which the office of Chairman of
Da/il E/ireann is vacant or on which the said Chairman
is unable to act.
- The Deputy Chairman of Seanad E/ireann shall act as a member of
the Commission in the place of the Chairman of Seanad E/ireann
on any occasion on which the office of Chairman of Seanad
E/ireann is vacant or on which the said Chairman is unable to
act.
- The Commission may act by any two of their number and may act
notwithstanding a vacancy in their membership.
- The Council of State may by a majority of its members make such
provision as to them may seem meet for the exercise and performance
of the powers and functions conferred on the President by or under this
Constitution in any contingency which is not provided for by the
foregoing provisions of this Article.
-
- The provisions of this Constitution which relate to the exercise and
performance by the President of the powers and functions conferred on
him by or under this Constitution shall subject to the subsequent
provisions of this section apply to the exercise and performance of
the said powers and functions under this Article.
- In the event of the failure of the President to exercise or perform
any power or function which the President is by or under this
Constitution required to exercise or perform within a specified time,
the said power or function shall be exercised or performed under this
Article, as soon as may be after the expiration of the time so
specified.
THE NATIONAL PARLIAMENT.
THE NATIONAL PARLIAMENT.
Constitution and Powers.
Article 15.
-
- The National Parliament shall be called and known, and is in this
Constitution generally referred to, as the Oireachtas.
- The Oireachtas shall consist of the President and two Houses, viz.: a
House of Representatives to be called Da/il E/ireann and a
Senate to be called Seanad E/ireann.
- The Houses of the Oireachtas shall sit in or near the City of Dublin or
in such other place as they may from time to time determine.
-
- The sole and exclusive power of making laws for the State is hereby
vested in the Oireachtas: no other legislative authority has power to
make laws for the State.
- Provision may however be made by law for the creation or recognition of
subordinate legislatures and for the powers and functions of these
legislatures.
-
- The Oireachtas may provide for the establishment or recognition of
functional or vocational councils representing branches of the social
and economic life of the people.
- A law establishing or recognizing any such council shall determine its
rights, powers and duties, and its relation to the Oireachtas and to the
Government.
-
- The Oireachtas shall not enact any law which is in any respect repugnant
to this Constitution or any provision thereof.
- Every law enacted by the Oireachtas which is in any respect repugnant to
this Constitution or to any provision thereof, shall, but to the
extent only of such repugnancy, be invalid.
- The Oireachtas shall not declare acts to be infringements of the law which
were not so at the date of their commission.
-
- The right to raise and maintain military or armed forces is vested
exclusively in the Oireachtas.
- No military or armed force, other than a military or armed force raised
and maintained by the Oireachtas, shall be raised or maintained for any
purpose whatsoever.
- The Oireachtas shall hold at least one session every year.
-
- Sittings of each House of the Oireachtas shall be public.
- In cases of special emergency, however, either House may hold a private
sitting with the assent of two-thirds of the members present.
-
- Each House of the Oireachtas shall elect from its members its own
Chairman and Deputy Chairman, and shall prescribe their powers and
duties.
- The remuneration of the Chairman and Deputy Chairman of each House shall
be determined by law.
- Each House shall make its own rules and standing orders, with power to
attach penalties for their infringement, and shall have power to ensure
freedom of debate, to protect its official documents and the private
papers of its members, and to protect itself and its members against any
person or persons interfering with, molesting or attempting to corrupt
its members in the exercise of their duties.
-
- All questions in each House shall, save as otherwise provided by this
Constitution, be determined by a majority of the votes of the members
present and voting other than the Chairman or presiding member.
- The Chairman or presiding member shall have and exercise a casting vote
in the case of an equality of votes.
- The number of members necessary to constitute a meeting of either House
for the exercise of its powers shall be determined by its standing
orders.
- All official reports and publications of the Oireachtas or of either
House thereof and utterances made in either House wherever published
shall be privileged.
- The members of each House of the Oireachtas shall, except in case of
treason as defined in this Constitution, felony or breach of the peace, be
privileged from arrest in going to and returning from, and while within the
precincts of, either House, and shall not, in respect of any utterance in
either House, be amenable to any court or any authority other than the
House itself.
- No person may be at the same time a member of both Houses of the
Oireachtas, and, if any person who is already a member of either House
becomes a member of the other House, he shall forthwith be deemed to have
vacated his first seat.
- The Oireachtas may make provision by law for the payment of allowances to
the members of each House thereof in respect of their duties as public
representatives and for the grant to them of free traveling and such other
facilities (if any) in connection with those duties as the Oireachtas may
determine.
Da/il E/ireann.
Article 16.
-
- Every citizen without distinction of sex who has reached the age of
twenty-one years, and who is not placed under disability or incapacity
by this Constitution or by law, shall be eligible for membership of
Da/il E/ireann.
-
- All citizens, and
- such other persons in the State as may be determined by law,
without distinction of sex who have reached the age of eighteen years
who are not disqualified by law and comply with the provisions of the
law relating to the election of members of Da/il
E/ireann, shall have the right to vote at an election for
members of Da/il E/ireann.
- No law shall be enacted placing any citizen under disability or
incapacity for membership of Da/il E/ireann on the
ground of sex or disqualifying any citizen or other person from
voting at an election for members of Da/il E/ireann on that
ground.
- No voter may exercise more than one vote at an election for Da/il
E/ireann, and the voting shall be by secret ballot.
-
- Da/il E/ireann shall be composed of members who represent
constituencies determined by law.
- The number of members shall from time to time be fixed by law, but the
total number of members of Da/il E/ireann shall not be
fixed at less than one member for each thirty thousand of the
population, or at more than one member for each twenty thousand of the
population.
- The ratio between the number of members to be elected at any time for
each constituency and the population of each constituency, as
ascertained at the last preceding census, shall, so far as it is
practicable, be the same throughout the country.
- The Oireachtas shall revise the constituencies at least once in every
twelve years, with due regard to changes in distribution of the
population, but any alterations in the constituencies shall not take
effect during the life of Da/il E/ireann sitting when such
revision is made.
- The members shall be elected on the system of proportional
representation by means of the single transferable vote.
- No law shall be enacted whereby the number of members to be returned for
any constituency shall be less than three.
-
- Da/il E/ireann shall be summoned and dissolved as provided
by section 2 of Article 13 of this
Constitution.
- A general election for members of Da/il E/ireann shall take
place not later than thirty days after a dissolution of Da/il
E/ireann.
-
- Polling at every general election for Da/il E/ireann shall
as far as practicable take place on the same day throughout the country.
- Da/il E/ireann shall meet within thirty days from that
polling day.
- The same Da/il E/ireann shall not continue for a longer period
than seven years from the date of its first meeting: a shorter period may
be fixed by law.
- Provision shall be made by law to enable the member of Da/il
E/ireann who is the Chairman immediately before a dissolution of
Da/il E/ireann to be deemed without any actual election to be
elected a member of Da/il E/ireann at the ensuing general
election.
- Subject to the foregoing provisions of this Article, elections for
membership of Da/il E/ireann, including the filling of casual
vacancies, shall be regulated in accordance with law.
Article 17.
-
- As soon as possible after the presentation to Da/il E/ireann
under Article 28 of this
Constitution of the Estimates of receipts and the Estimates of
expenditure of the State for any financial year,
Da/il E/ireann shall consider such Estimates.
- Save in so far as may be provided by specific enactment in each case, the
legislation required to give effect to the Financial Resolutions of
each year shall be enacted within that year.
- Da/il E/ireann shall not pass any vote or resolution, and no
law shall be enacted, for the appropriation of revenue or other public
moneys unless the purpose of the appropriation shall have been
recommended to Da/il E/ireann by a message from the
Government signed by the Taoiseach.
Seanad E/ireann.
Article 18.
- Seanad E/ireann shall be composed of sixty members, of whom eleven
shall be nominated members and forty-nine shall be elected members.
- A person to be eligible for membership of Seanad E/ireann must be
eligible to become a member of Da/il E/ireann.
- The nominated members of Seanad E/ireann shall be nominated, with
their prior consent, by the Taoiseach who is appointed next after the
reassembly of Da/il E/ireann following the dissolution thereof
which occasions the nomination of the said members.
-
- The elected members of Seanad E/ireann shall be elected as
follows :--
- Three shall be elected by the National University of Ireland.
- Three shall be elected by the University of Dublin.
- Forty-three shall be elected from panels of candidates constituted
as hereinafter provided.
- Provision may be made by law for the election, on a franchise and in the
manner to be provided by law, by one or more of the following
institutions, namely:
- the universities mentioned in subsection 1' of this section,
- any other institutions of higher education in the State,
of so many members of Seanad E/ireann as may be fixed by law in
substitution for an equal number of the members to be elected pursuant
to paragraphs i and ii of the said subsection 1.
A member or members of Seanad E/ireann may be elected under this
subsection by institutions grouped together or by a single institution.
- Nothing in this Article shall be invoked to prohibit the dissolution by
law of a university mentioned in subsection 1 of this section.
- Every election of the elected members of Seanad E/ireann shall be
held on the system of proportional representation by means of the single
transferable vote, and by secret postal ballot.
- The members of Seanad E/ireann to be elected by the Universities
shall be elected on a franchise and in the manner to be provided by law.
-
- Before each general election of the members of Seanad E/ireann to
be elected from panels of candidates, five panels of candidates shall be
formed in the manner provided by law containing respectively the names of
persons having knowledge and practical experience of the following
interests and services, namely:
- National Language and Culture, Literature, Art, Education and such
professional interests as may be defined by law for the purpose of
this panel;
- Agriculture and allied interests. and Fisheries;
- Labour, whether organised or unorganised;
- Industry and Commerce, including banking, finance, accountancy,
engineering and architecture;
- Public Administration and social services, including voluntary
social activities.
- Not more than eleven and, subject to the provisions of
Article 19 hereof,
not less than five members of Seanad E/ireann shall be elected
from any one panel.
- A general election for Seanad E/ireann shall take place not later
than ninety days after a dissolution of Da/il E/ireann, and the
first meeting of Seanad E/ireann after the general election shall
take place on a day to be fixed by the President on the advice of the
Taoiseach.
- Every member of Seanad E/ireann shall, unless he previously dies,
resigns, or becomes disqualified, continue to hold office until the day
before the polling day of the general election for Seanad E/ireann
next held after his election or nomination.
-
- Subject to the foregoing provisions of this Article elections of the
elected members of Seanad E/ireann shall be regulated by law.
- Casual vacancies in the number of the nominated members of Seanad
E/ireann shall be filled by nomination by the Taoiseach with the
prior consent of persons so nominated.
- Casual vacancies in the number of the elected members of Seanad
E/ireann shall be filled in the manner provided by law.
Article 19.
Provision may be made by law for the direct election by any functional or
vocational group or association or council of so many members of Seanad
E/ireann as may be fixed by such law in substitution for an equal number
of the members to be elected from the corresponding panels of candidates
constituted under Article 18 of this
Constitution.
Legislation.
Article 20.
- Every Bill initiated in and passed by Da/il E/ireann shall
be sent to Seanad E/ireann and may, unless it be a Money Bill, be
amended in Seanad E/ireann and Da/il E/ireann shall
consider any such amendment.
-
- A Bill other than a Money Bill may be initiated in Seanad E/ireann,
and if passed by Seanad E/ireann, shall be introduced in
Da/il E/ireann.
- A Bill initiated in Seanad E/ireann if amended in Da/il
E/ireann shall be considered as a Bill initiated in Da/il
E/ireann.
- A Bill passed by either House and accepted by the other House shall be
deemed to have been passed by both Houses.
Money Bills.
Article 21.
-
- Money Bills shall be initiated in Da/il E/ireann only.
- Every Money Bill passed by Da/il E/ireann shall be sent to
Seanad E/ireann for its recommendations.
-
- Every Money Bill sent to Seanad E/ireann for its recommendations
shall, at the expiration of a period not longer than twenty-one days
after it shall have been sent to Seanad E/ireann, be returned to
Da/il E/ireann, which may accept or reject all or any of
the recommendations of Seanad E/ireann.
- If such Money Bill is not returned by Seanad E/ireann to
Da/il E/ireann within such twenty-one days or is returned
within such twenty-one days with recommendations which Da/il
E/ireann does not accept, it shall be deemed to have been passed
by both Houses at the expiration of the said twenty-one days.
Article 22.
-
- A Money Bill means a Bill which contains only provisions dealing with
all or any of the following matters, namely, the imposition, repeal,
remission, alteration or regulation of taxation; the imposition for
the payment of debt or other financial purposes of charges on public
moneys or the variation or repeal of any such charges; supply; the
appropriation, receipt, custody, issue or audit of accounts of public
money; the raising or guarantee of any loan or the repayment
thereof; matters subordinate and incidental to these matters or
any of them.
- In this definition the expressions "taxation", "public money" and
"loan" respectively do not include any taxation, money or loan
raised by local authorities or bodies for local purposes.
-
- The Chairman of Da/il E/ireann shall certify any Bill
which, in his opinion, is a Money Bill to be a Money Bill, and his
certificate shall, subject to the subsequent provisions of this
section, be final and conclusive.
- Seanad E/ireann, by a resolution. passed at a sitting at which not
less than thirty members are present, may request the President to refer
the question whether the Bill is or is not a Money Bill to a Committee of
Privileges.
- If the President after consultation with the Council of State decides to
accede to the request he shall appoint a Committee of Privilege
consisting of an equal number of members of Da/il E/ireann
and of Seanad E/ireann and a Chairman who shall be a judge of the
Supreme Court: these appointments shall be made after consultation with
the Council of State. In the case of an equality of votes but not
otherwise the chairman shall be entitled to vote.
- The President shall refer the question to the Committee of Privileges so
appointed and the Committee shall report its decision thereon to the
President within twenty-one days after the day on which the Bill was
sent to Seanad E/ireann.
- The decision of the Committee shall be final and conclusive.
- If the President after consultation with the Council of State decides not
to accede to the request of Seanad E/ireann, or if the Committee of
Privileges fails to report within the time hereinbefore specified the
certificate of the Chairman of Da/il E/ireann shall stand
confirmed.
Time for Consideration of Bills.
Article 23.
- This Article applies to every Bill passed by Da/il E/ireann
and sent to Seanad E/ireann other than a Money Bill or a Bill the
time for the consideration of which by Seanad E/ireann shall have
been abridged under Article 24
of this Constitution.
- Whenever a Bill to which this Article applies is within the stated
period defined in the next following sub-section either rejected by
Seanad E/ireann or passed by Seanad E/ireann with
amendments to which Da/il E/ireann does not agree or is
neither passed (with or without amendment) nor rejected by
Seanad E/ireann within the stated period, the Bill shall, if
Da/il E/ireann so resolves within one hundred and eighty
days after the expiration of the stated period be deemed to have
been passed by both Houses of the Oireachtas on the day on which
the resolution is passed.
- The stated period is the period of ninety days commencing on the day
on which the Bill is first sent by Da/il E/ireann to
Seanad E/ireann or any longer period agreed upon in respect of
the Bill by both Houses of the Oireachtas.
-
- The preceding section of this Article shall apply to a Bill which is
initiated in and passed by Seanad E/ireann, amended by Da/il
E/ireann, and accordingly deemed to have been initiated in
Da/il E/ireann.
- For the purpose of this application the stated period shall in relation
to such a Bill commence on the day on which the Bill is first sent to
Seanad E/ireann after having been amended by Da/il
E/ireann.
Article 24.
- If and whenever on the passage by Da/il E/ireann of any Bill,
other than a Bill expressed to be a Bill containing a proposal to amend the
Constitution, the Taoiseach certifies by messages in writing addressed to
the President and to the Chairman of each House of the Oireachtas that,
in the opinion of the Government, the Bill is urgent and immediately
necessary for the preservation of the public peace and security, or by
reason of the existence of a public emergency, whether domestic or
international, the time for the consideration of such Bill by
Seanad E/ireann shall, if Da/il E/ireann so resolves
and if the President, after consultation with the Council of State,
concurs, be abridged to such period as shall be specified in the
resolution.
- Where a Bill, the time for the consideration of which by Seanad
E/ireann has been abridged under this Article,
- is, in the case of a Bill which is not a Money Bill, rejected by
Seanad E/ireann or passed by Seanad E/ireann with
amendments to which Da/il E/ireann does not agree or
neither passed nor rejected by Seanad E/ireann, or
- is, in the case of a Money Bill, either returned by Seanad
E/ireann to Da/il E/ireann with recommendations
which Da/il E/ireann does not accept or is not
returned by Seanad E/ireann to Da/il E/ireann,
within the period specified in the resolution, the Bill shall be deemed to
have been passed by both Houses of the Oireachtas at the expiration of that
period.
- When a Bill the time for the consideration of which by Seanad
E/ireann has been abridged under this Article becomes law it shall
remain in force for a period of ninety days from the date of its
enactment and no longer unless, before the expiration of that period,
both Houses shall have agreed that such law shall remain in force for a
longer period and the longer period so agreed
upon shall have been specified in resolutions passed by both Houses.
Signing and Promulgation of Laws.
Article 25.
- As soon as any Bill, other than a Bill expressed to be a Bill containing a
proposal for the amendment of this Constitution, shall have been passed or
deemed to have been passed by both Houses of the Oireachtas, the Taoiseach
shall present it to the President for his signature and for promulgation by
him as a law in accordance with the provisions of this Article.
-
- Save as otherwise provided by this Constitution, every Bill so presented
to the President for his signature and for promulgation by him as a law
shall be signed by the President not earlier than the fifth and not
later than the seventh day after the date on which the Bill shall have
been presented to him.
- At the request of the Government, with the prior concurrence of Seanad
E/ireann, the President may sign any Bill the subject of such
request on a date which is earlier than the fifth day after such date
as aforesaid
- Every Bill the time for the consideration of which by Seanad E/ireann
shall have been abridged under
Article 24 of this Constitution
shall be signed by the President on the day on which such Bill is
presented to him for signature and promulgation as a law.
-
- Every Bill shall become and be law as on and from the day on which it is
signed by the President under this Constitution, and shall, unless the
contrary intention appears, come into operation on that day.
- Every Bill signed by the President under this Constitution shall be
promulgated by him as a law by the publication by his direction of a
notice in the Iris Oifigiu/il stating that the Bill has become law.
- Every Bill shall be signed by the President in the text in which it was
passed or deemed to have been passed by both Houses of the Oireachtas,
and if a Bill is so passed or deemed to have been passed in both the
official languages, the President shall sign the text of the Bill in
each of those languages.
- Where the President signs the text of a Bill in one only of the official
languages, an official translation shall be issued in the other official
language.
- As soon as may be after the signature and promulgation of a Bill as a
law, the text of such law which was signed by the President or, where
the President has signed the text of such law in each of the official
languages, both the signed texts shall be enrolled for record in the
office of the Registrar of the Supreme Court, and the text, or both the
texts, so enrolled shall be conclusive evidence of the provisions of
such law.
- In case of conflict between the texts of a law enrolled under this
section in both the official languages, the text in the national
language shall prevail.
-
- It shall be lawful for the Taoiseach, from time to time as occasion
appears to him to require, to cause to be prepared under his supervision
a text (in both the official languages) of this Constitution as then in
force embodying all amendments theretofore made therein.
- A copy of every text so prepared, when authenticated by the signatures of
the Taoiseach and the Chief Justice, shall be signed by the President and
shall be enrolled for record in the office of the Registrar of the
Supreme Court.
- The copy so signed and enrolled which is for the time being the latest
text so prepared shall, upon such enrolment, be conclusive evidence of
this Constitution as at the date of such enrolment and shall for that
purpose supersede all texts of this Constitution of which copies were
previously so enrolled.
- In case of conflict between the texts of any copy of this Constitution
enrolled under this section, the text in the national language shall
prevail.
Reference of Bills to the Supreme Court.
Article 26.
This Article applies to any Bill passed or deemed to have been passed by both
Houses of the Oireachtas other than a Money Bill, or a Bill expressed to be a
Bill containing a proposal to amend the Constitution, or a Bill the time for
the consideration of which by Seanad E/ireann shall have been abridged
under Article 24 of the Constitution.
-
The President may, after consultation with the Council of State, refer
any Bill to which this Article applies to the Supreme Court for a
decision on the question as to whether such Bill or any specified
provision or provisions of such Bill is or are repugnant to this
Constitution or to any provision thereof.
- Every such reference shall be made not later than the seventh day
after the date on which such Bill have been presented by the Taoiseach
to the President for his signature.
- The President shall not sign any Bill the subject of a reference to the
Supreme Court under this Article pending the pronouncement of the
decision of the Court.
-
- The Supreme Court consisting of not less than five judges shall consider
every question referred to it by the President under this Article for a
decision, and, having heard arguments by or on behalf of the Attorney
General and by counsel assigned by the Court, shall pronounce its
decision on such question in open court as soon as may be, and in any
case not later than sixty days after the date of such reference.
- The decision of the majority of the judges of the Supreme Court shall,
for the purposes of this Article, be the decision of the Court and
shall be pronounced by such one of those judges as the Court shall
direct, and no other opinion, whether assenting or dissenting, shall be
pronounced nor shall the existence of any such other opinion be
disclosed.
-
- In every case in which the Supreme Court decides that any provision of a
Bill the subject of a reference to the Supreme Court under this Article
is repugnant to this Constitution or to any provision thereof, the
President shall decline to sign such Bill.
- If, in the case of a Bill to which
Article 27 of this Constitution
applies, a petition has been addressed to the President under that
Article, that Article shall be complied with.
- In every other case the President shall sign the Bill as soon as may be
after the date on which the decision of the Supreme Court shall have been
pronounced.
Reference of Bills to the People.
Article 27.
This Article applies to any Bill, other than a Bill expressed to be a Bill
containing a proposal for the amendment of this Constitution, which shall have
been deemed, by virtue of Article 23
hereof, to have been passed by both Houses of the Oireachtas.
- A majority of the members of Seanad E/ireann and not less than
one-third of the members of Da/il E/ireann may by a joint
petition addressed to the President by them under this Article request
the President to decline to sign and promulgate as a law any Bill to
which this article applies on the ground that the Bill contains a
proposal of such national importance that the will of the people thereon
ought to be ascertained.
- Every such petition shall be in writing and shall be signed by the
petitioners whose signatures shall be verified in the manner prescribed
by law.
- Every such petition shall contain a statement of the particular ground or
grounds on which the request is based, and shall be presented to the
President not later than four days after the date on which the Bill shall
have been deemed to have been passed by both Houses of the Oireachtas.
-
- Upon receipt of a petition addressed to him under this Article, the
President shall forthwith consider such petition and shall, after
consultation with the Council of State, pronounce his decision thereon
not later than ten days after the date on which the Bill to which such
petition relates shall have been deemed to have been passed by both
Houses of the Oireachtas.
- If the Bill or any provision thereof is or has been referred to the
Supreme Court under Article 26
of this Constitution, it shall not be obligatory on the President to
consider the petition unless or until the Supreme Court has pronounced a
decision on such reference to the effect that the said Bill or the said
provision thereof is not repugnant to this Constitution or to any
provision thereof, and, if a decision to that effect is pronounced by
the Supreme Court, it shall not be obligatory on the President to
pronounce his decision on the petition before the expiration of six days
after the day on which the decision of the Supreme Court to the effect
aforesaid is pronounced.
-
- In every case in which the President decides that a Bill the subject of
a petition under this Article contains a proposal of such national
importance that the will of the people thereon ought to be ascertained,
he shall inform the Taoiseach and the Chairman of each House of the
Oireachtas accordingly in writing under his hand and Seal and shall
decline to sign and promulgate such Bill as a law unless and until the
proposal shall have been approved either
- by the people at a Referendum in accordance with the provisions of
section 2 of Article 47 of this
Constitution within a period of eighteen
months from the date of the President's decision, or
- by a resolution of Da/il E/ireann passed within the
said period after a dissolution and reassembly of Da/il
E/ireann.
- Whenever a proposal contained in a Bill the subject of a petition under
this Article shall have been approved either by the people or by a
resolution of Da/il E/ireann in accordance with the
foregoing provisions of this section, such Bill shall as soon as may be
after such approval be presented to the President for his signature and
promulgation by him as a law and the President shall thereupon sign the
Bill and duly promulgate it as a law.
- In every case in which the President decides that a Bill the subject of a
petition under this Article does not contain a proposal of such national
importance that the will of the people thereon ought to be ascertained, he
shall inform the Taoiseach and the Chairman of each House of the Oireachtas
accordingly in writing under his hand and Seal, and such Bill shall be
signed by the President not later than eleven days after the date on
which the Bill shall have been deemed to have been passed by both Houses
of the Oireachtas and shall be duly promulgated by him as a law.
THE GOVERNMENT.
THE GOVERNMENT.
Article 28.
- The Government shall consist of not less than seven and not more than
fifteen members who shall be appointed by the President in accordance with
the provisions of this Constitution.
- The executive power of the State shall, subject to the provisions of this
Constitution, be exercised by or on the authority of the Government.
-
- War shall not be declared and the State shall not participate in any
war save with the assent of Da/il E/ireann
- In the case of actual invasion, however, the Government may take
whatever steps they may consider necessary for the protection of the
State, and Da/il E/ireann if not sitting shall be
summoned to meet at the earliest practicable date.
- Nothing in this Constitution shall be invoked to invalidate any law
enacted by the Oireachtas which is expressed to be for the purpose of securing
the public safety and the preservation of the State in time of war or armed
rebellion, or to nullify any act done or purporting to be done in time of war
or armed rebellion in pursuance of any such law. In this subsection "time of
war" includes a time when there is taking place an armed conflict in which the
State is not a participant but in respect of which each of the Houses of the
Oireachtas shall have resolved that, arising out of such armed conflict, a
national emergency exists affecting the vital interests of the State and "time
of war or armed rebellion" includes such time after the termination of any
war, or of any such armed conflict as aforesaid, or of an armed rebellion, as
may elapse until each of the Houses of the Oireachtas shall have resolved
that the national emergency occasioned by such war, armed conflict, or armed
rebellion has ceased to exist.
-
- The Government shall be responsible to Da/il E/ireann.
- The Government shall meet and act collective authority, and shall
be collectively responsible for the Departments of State
administered by the members of the Government.
- The Government shall prepare Estimates of the Receipts and Estimates of
the Expenditure of the State for each financial year, and shall present
them to Da/il E/ireann for consideration.
-
- The head of the Government, or Prime Minister, shall be called, and is
in this Constitution referred to as. the Taoiseach.
- The Taoiseach shall keep the President generally informed on
matters of domestic and international policy.
-
- The Taoiseach shall nominate a member of the Government to he the
Ta/naiste
- The Ta/naiste shall act for all purposes in the place of the
Taoiseach if the Taoiseach should die, or become permanently
incapacitated, until a new Taoiseach shall have been appointed.
- The Ta/naiste shall also act for or in the place of the Taoiseach
during the temporary absence of the Taoiseach.
-
- The Taoiseach, the Ta/naiste and the member of the Government
who is in charge of the Department of Finance must be members of
Da/il E/ireann.
- The other members of the Government must be members of Da/il
E/ireann or Seanad E/ireann, but not more than two may be
members of Seanad E/ireann.
- Every member of the Government shall have the right to attend and be heard
in each House of the Oireachtas.
-
- The Taoiseach may resign from office at any time by placing his
resignation in the hands of the President.
- Any other member of the Government may resign from office by placing his
resignation in the hands of the Taoiseach for submission to the
President.
- The President shall accept the resignation of a member of the
Government, other than the Taoiseach, if so advised by the Taoiseach.
- The Taoiseach may at any time, for reasons which to him seem sufficient,
request a member of the Government to resign; should the member
concerned fail to comply with the request, his appointment shall be
terminated by the President if the Taoiseach so advises.
- The Taoiseach shall resign from office upon his ceasing to retain the
support of a majority in Da/il E/ireann unless on his advice
the President dissolves Da/il E/ireann and on the reassembly
of Da/il E/ireann after the dissolution the Taoiseach secures
the support of a majority in Da/il E/ireann.
-
- If the Taoiseach at any time resigns from office the other members of
the Government shall be deemed also to have resigned from office, but the
Taoiseach and the other members of the Government shall continue to
carry on their duties until their successors shall have been appointed.
- The members of the Government in office at the date of a dissolution of
Da/il E/ireann shall continue to hold office until their
successors shall have been appointed.
- The following matters shall be regulated in accordance with law, namely,
the organization of, and distribution of business amongst, Departments of
State, the designation of members of the Government to be the Ministers in
charge of the said Departments, the discharge of the functions of the
office of a member of the Government during his temporary absence or
incapacity, and the remuneration of the members of the Government.
INTERNATIONAL RELATIONS.
INTERNATIONAL RELATIONS.
Article 29.
- Ireland affirms its devotion to the ideal of peace and friendly
co-operation amongst nations founded on international justice and
morality.
- Ireland affirms its adherence to the principle of the pacific settlement
of international disputes by international arbitration or judicial
determination.
- Ireland accepts the generally recognised principles of international law
as its rule of conduct in its relations with other States.
-
- The executive power of the State in or in connection with its external
relations shall in accordance with
Article 28 of this Constitution be
exercised by or on the authority of the Government.
- For the purpose of the exercise of any executive function of the State
in or in connection with its external relations, the Government may to
such extent and subject to such conditions, if any, as may be
determined by law, avail of or adopt any organ, instrument, or method
of procedure used or adopted for the like purpose by the members of
any group or league of nations with which the State is or becomes
associated for the purpose of international co-operation in matters of
common concern.
- The State may become a member of the European Coal and Steel Community
(established by Treaty signed at Paris on the 18th day of April, 1951),
the European Economic Community (established by Treaty signed at
Rome on the 25th day of March, 1957) and the European Atomic Energy
Community (established by Treaty signed at Rome on the 25th day of March,
1957). The State may ratify the Single European Act (signed on behalf
of the Member States of the Communities at Luxembourg on the 17th day
of February, 1986, and at the Hague on the 28th day of February, 1986).
No provision of this Constitution invalidates laws enacted, acts done
or measures adopted by the State necessitated by the obligations of
membership of the Communities or prevents laws enacted, acts done or
measures adopted by the Communities, or institutions thereof, from
having the force of law in the State.
-
- Every international agreement to which the State becomes a party shall
be laid before Da/il E/ireann.
- The State shall not be bound by any international agreement involving a
charge upon public funds unless the terms of the agreement shall have
been approved by Da/il E/ireann.
- This section shall not apply to agreements or conventions of a
technical and administrative character.
- No international agreement shall be part of the domestic law of the State
save as may be determined by the Oireachtas.
THE ATTORNEY GENERAL.
THE ATTORNEY GENERAL.
Article 30.
- There shall be an Attorney General who shall be the adviser of the
Government in matters of law and legal opinion, and shall exercise and
perform all such powers, functions and duties as are conferred or imposed
on him by this Constitution or by law.
- The Attorney General shall be appointed by the President on the nomination
of the Taoiseach.
- All crimes and offences prosecuted in any court constituted under
Article 34 of this Constitution
other than a court of summary jurisdiction shall be prosecuted in the
name of the People and at the suit of the Attorney General or some
other person authorised in accordance with law to act for that purpose.
- The Attorney General shall not be a member of the Government.
-
- The Attorney General may at any time resign from office by placing his
resignation in the hands of the Taoiseach for submission to the
President.
- The Taoiseach may, for reasons which to him seem sufficient, request
the resignation of the Attorney General.
- In the event of failure to comply with the request, the appointment
of the Attorney General shall be terminated by the President if the
Taoiseach so advises.
- The Attorney General shall retire from office upon the resignation of
the Taoiseach, but may continue to carry on his duties until the
successor to the Taoiseach shall have been appointed.
- Subject to the foregoing provisions of this Article, the office of
Attorney General, including the remuneration to be paid to the holder
of the office, shall be regulated by law.
THE COUNCIL OF STATE.
THE COUNCIL OF STATE.
Article 31.
- There shall be a Council of State to aid and counsel the President on all
matters on which the President may consult the said Council in relation to
the exercise and performance by him of such of his powers and functions as
are by this Constitution expressed to be exercisable and performable after
consultation with the Council of State, and to exercise such other
functions as are conferred on the said Council by this Constitution.
- The Council of State shall consist of the following members:
- As ex-officio members: the Taoiseach, the Ta/naiste, the
Chief Justice, the President of the High Court, the Chairman of
Da/il E/ireann, the Chairman of Seanad E/ireann, and
the Attorney General.
- Every person able and willing to act as a member of the Council of State
who shall have held the office of President, or the office of Taoiseach,
or the office of Chief Justice, or the office of President of the
Executive Council of Saorsta/t E/ireann.
- Such other persons, if any, as may be appointed by the President
under this Article to be members of the Council of State.
- The President may at any time and from time to time by warrant under his
hand and Seal appoint such other persons as, in his absolute discretion,
he may think fit, to be members of the Council of State, but not more
than seven persons so appointed shall be members of the Council of State
at the same time.
- Every member of the Council of State shall at the first meeting thereof
which he attends as a member take and subscribe a declaration in the
following form:
"In the presence of Almighty God I, , do solemnly and sincerely promise and
declare that I will faithfully and conscientiously fulfill my duties as a
member of the Council of State."
- Every member of the Council of State appointed by the President, unless he
previously dies, resigns, becomes permanently incapacitated, or is removed
from office, shall hold office until the successor of the President by whom
he was appointed shall have entered upon his office.
- Any member of the Council of State appointed by the President may resign
from office by placing his resignation in the hands of the President.
- The President may, for reasons which to him seem sufficient, by an order
under his hand and Seal, terminate the appointment of any member of the
Council of State appointed by him.
- Meetings of the Council of State may be convened by the President at such
times and places as he shall determine.
Article 32.
The President shall not exercise or perform any of the powers or functions
which are by this Constitution expressed to be exercisable or performable by
him after consultation with the Council of State unless, and on every occasion
before so doing, he shall have convened a meeting of the Council of State
and the members present at such meeting shall have been heard by him.
THE COMPTROLLER AND AUDITOR GENERAL.
THE COMPTROLLER AND AUDITOR GENERAL.
Article 33.
- There shall be a Comptroller and Auditor General to control on behalf of
the State all disbursements and to audit all accounts of moneys
administered by or under the authority of the Oireachtas.
- The Comptroller and Auditor General shall be appointed by the President on
the nomination of Da/il E/ireann.
- The Comptroller and Auditor General shall not be a member of either House
of the Oireachtas and shall not hold any other office or position of
emolument.
- The Comptroller and Auditor General shall report to Da/il
E/ireann at stated periods as determined by law.
-
- The Comptroller and Auditor General shall not be removed from office
except for stated misbehaviour or incapacity, and then only upon
resolutions passed by Da/il E/ireann and by Seanad
E/ireann calling for his removal.
- The Taoiseach shall duly notify the President of any such resolutions as
aforesaid passed by Da/il E/ireann and by Seanad
E/ireann and shall send him a copy of each such resolution
certified by the Chairman of the House of the Oireachtas by which it
shall have been passed.
- Upon receipt of such notification and of copies of such resolutions,
the President shall forthwith, by an order under his hand and Seal,
remove the Comptroller and Auditor General from office.
- Subject to the foregoing, the terms and conditions of the office of
Comptroller and Auditor General shall be determined by law.
THE COURTS.
THE COURTS.
Article 34.
- Justice shall be administered in courts established by law by judges
appointed in the manner provided by this Constitution, and, save in such
special and limited cases as may be prescribed by law, shall be
administered in public.
- The Courts shall comprise Courts of First Instance and a Court of
Final Appeal.
-
- The Courts of First Instance shall include a High Court invested with
full original jurisdiction in and power to determine all matters and
questions whether of law or fact, civil or criminal.
- Save as otherwise provided by this Article, the jurisdiction of the High
Court shall extend to the question of the validity of any law having
regard to the provisions of this Constitution, and no such question
shall be raised (whether by pleading, argument or otherwise) in any
Court established under this or any other Article of this Constitution
other than the High Court or the Supreme Court.
- No Court whatever shall have jurisdiction to question the validity of a
law, or any provision of a law, the Bill for which shall have been
referred to the Supreme Court by the President under
Article 26 of this Constitution,
or to question the validity of a provision of a law where the
corresponding provision in the Bill for such law shall have been
referred to the Supreme Court by the President under the said
Article 26.
- The Courts of First Instance shall also include Courts of local and
limited jurisdiction with a right of appeal as determined by law.
-
- The Court of Final Appeal shall be called the Supreme Court.
- The president of the Supreme Court shall be called the Chief Justice.
- The Supreme Court shall, with such exceptions and subject to such
regulations as may be prescribed by law, have appellate jurisdiction
from all decisions of the High Court, and shall also have appellate
jurisdiction from such decisions of other courts as may be prescribed
by law.
- No law shall be enacted excepting from the appellate jurisdiction of the
Supreme Court cases which involve questions as to the validity of any law
having regard to the provisions of this Constitution.
- The decision of the Supreme Court on a question as to the validity of a
law having regard to the provisions of this Constitution shall be
pronounced by such one of the judges of that Court as that Court shall
direct, and no other opinion on such question, whether assenting or
dissenting, shall be pronounced, nor shall the existence of any such
other opinion be disclosed.
- The decision of the Supreme Court shall in all cases be final and
conclusive.
-
- Every person appointed a judge under this
Constitution shall make and subscribe the following declaration:
"In the presence of Almighty God I, do solemnly and sincerely promise
and declare that I will duly and faithfully and to the best of my
knowledge and power execute the office of Chief Justice
(or as the case may be) without fear or favour, affection or
ill-will towards any man, and that I will uphold the Constitution and
the laws. May God direct and sustain me."
- This declaration shall be made and subscribed by the Chief Justice in
the presence of the President, and by each of the other judges of the
Supreme Court, the judges of the High Court and the judges of every
other Court in the presence of the Chief Justice or the senior
available judge of the Supreme Court in open court.
- The declaration shall be made and subscribed by every judge before
entering upon his duties as such judge, and in any case not later than
ten days after the date of his appointment or such later date as may be
determined by the President.
- Any judge who declines or neglects to make such declaration as aforesaid
shall be deemed to have vacated his office.
Article 35.
- The judges of the Supreme Court, the High Court and all other Courts
established in pursuance of Article 34
hereof shall be appointed by the President.
- All judges shall be independent in the exercise of their judicial functions
and subject only to this Constitution and the law.
- No judge shall be eligible to be a member of either House of the Oireachtas
or to hold any other office or position of emolument.
-
- A judge of the Supreme Court or the High Court shall not be removed from
office except for stated misbehaviour or incapacity, and then only upon
resolutions passed by Da/il E/ireann and by Seanad
E/ireann calling for his removal.
- The Taoiseach shall duly notify the President of any such resolutions
passed by Da/il E/ireann and by Seanad E/ireann, and
shall send him a copy of every such resolution certified by the
Chairman of the House of the Oireachtas by which it shall have been
passed.
- Upon receipt of such notification and of copies of such resolutions, the
President shall forthwith, by an order under his hand and Seal, remove
from office the judge to whom they relate.
- The remuneration of a judge shall not be reduced during his continuance in
office.
Article 36.
Subject to the foregoing provisions of this Constitution relating to the
Courts, the following matters shall be regulated in accordance with law, that
is to say:--
- the number of judges of the Supreme Court, and of the High Court, the
remuneration, age of retirement and pensions of such judges,
- the number of the judges of all other Courts, and their terms of
appointment, and
- the constitution and organization of the said Courts, the distribution of
jurisdiction and business among the said Courts and judges, and all
matters of procedure.
Article 37.
- Nothing in this Constitution shall operate to invalidate the exercise of
limited functions and powers of a judicial nature, in matters other than
criminal matters, by any person or body of persons duly authorised by law to
exercise such functions and powers, notwithstanding that such person or such
body of persons is not a judge or a court appointed or established as such
under this Constitution.
- No adoption of a person taking effect or expressed to take effect at any
time after the coming into operation of this Constitution under laws enacted by
the Oireachtas and being an adoption pursuant to an order made or an
authorisation given by any person or body of persons designated by those laws
to exercise such functions and powers was or shall be invalid by reason only
of the fact that such person or body of persons was not a judge or a court
appointed or established as such under this Constitution.
TRIAL OF OFFENCES.
TRIAL OF OFFENCES.
Article 38.
- No person shall be tried on any criminal charge save in due course of law.
- Minor offences may be tried by courts of summary jurisdiction.
-
- Special courts may be established by law for the trial of offences in
cases where it may be determined in accordance with such law that the
ordinary courts are inadequate to secure the effective the effective
administration of justice, and the preservation of public peace and
order.
- The constitution, powers, jurisdiction and procedure of such special
courts shall be prescribed by law.
-
- Military tribunals may be established for the trial of offences against
military law alleged to have been committed by persons while subject to
military law and also to deal with a state of war or armed rebellion .
- A member of the Defence Forces not on active service shall not be tried
by any court martial or other military tribunal for an offence
cognisable by the civil courts unless such offence is within the
jurisdiction of any court martial or other military tribunal under any
law for the enforcement of military discipline.
- Save in the case of the trial of offences under section 2, section 3 or
section 4 of this Article no person shall be tried on any criminal charge
without a jury.
- The provisions of Articles 34 and
35 of this Constitution shall not apply
to any court or tribunal set up under section 3 or section 4 of this Article.
Article 39.
Treason shall consist only in levying war against the State, or assisting
any State or person or inciting or conspiring with any person to levy war
against the State, or attempting by force of arms or other violent means to
overthrow the organs of government established by this Constitution, or taking
part or being concerned in or inciting or conspiring with any person to make or
to take part or be concerned in any such attempt.
FUNDAMENTAL RIGHTS.
FUNDAMENTAL RIGHTS.
Personal Rights.
Article 40.
- All citizens shall, as human persons, be held equal before the law.
This shall not be held to mean that the State shall not in its enactments
have due regard to differences of capacity, physical and moral, and of
social function.
-
- Titles of nobility shall not be conferred by the State.
- No title of nobility or of honour may be accepted by any citizen except
with the prior approval of the Government.
-
- The State guarantees in its laws to respect, and, as far as practicable,
by its laws to defend and vindicate the personal rights of the citizen.
- The State shall, in particular, by its laws protect as best it may from
unjust attack and, in the case of injustice done, vindicate the life,
person, good name, and property rights of every citizen.
- The State acknowledges the right to life of the unborn and, with due
regard to the equal right to life of the mother, guarantees in its laws
to respect, and, as far as practicable, by its laws to defend and
vindicate that right.
-
- No citizen shall be deprived of his personal liberty save in accordance
with law.
- Upon complaint being made by or on behalf of any person to the High Court
or any judge thereof alleging that such person is being unlawfully
detained, the High Court and any and every judge thereof to whom such
complaint is made shall forthwith enquire into the said complaint and
may order the person in whose custody such person is detained to
produce the body of such person before the High Court on a named day
and to certify in writing the grounds of his detention, and the High
Court shall, upon the body of such person being produced before that
Court and after giving the person in whose custody he is detained an
opportunity of justifying the detention, order the release of such
person from such detention unless satisfied that he is being detained in
accordance with the law.
- Where the body of a person alleged to be unlawfully detained is produced
before the High Court in pursuance of an order in that behalf made
under this section and that Court is satisfied that such person is
being detained in accordance with a law but that such law is invalid
having regard to the provisions of this Constitution, the High Court
shall refer the question of the validity of such law to the Supreme
Court by way of case stated and may, at the time of such reference or
at any time thereafter, allow the said person to be at liberty on such
bail and subject to such conditions as the High Court shall fix until
the Supreme Court has determined the question so referred to it.
- The High Court before which the body of a person alleged to be
unlawfully detained is to be produced in pursuance of an order in that
behalf made under this section shall, if the President of the High
Court or, if he is not available, the senior judge of that Court who is
available so directs in respect of any particular case, consist of
three judges and shall, in every other case, consist of one judge only.
- Where an order is made under this section by the High Court or a judge
thereof for the production of the body of a person who is under
sentence of death, the High Court or such judge thereof shall further
order that the execution of the said sentence of death shall be
deferred until after the body of such person has been produced before
the High Court and the lawfulness of his detention has been
determined and if, after such deferment, the detention of such person
is determined to be lawful, the High Court shall appoint a day
for the execution of the said sentence of death and that sentence
shall have effect with the substitution of the day so appointed for
the day originally fixed for the execution thereof.
- Nothing in this section, however, shall be invoked to prohibit, control,
or interfere with any act of the Defence Forces during the existence of a
state of war or armed rebellion.
- Provision may be made by law for the refusal of bail by a court to
a person charged with a serious offence where it is reasonably
considered necessary to prevent the commission of a serious offence
by that person.
- The dwelling of every citizen is inviolable and shall not be forcibly
entered save in accordance with law.
-
- The State guarantees liberty for the exercise of the following rights,
subject to public order and morality:--
- The right of the citizens to express freely their convictions and
opinions.
The education of public opinion being, however, a matter of such
grave import to the common good, the State shall endeavour to
ensure that organs of public opinion, such as the radio, the
press, the cinema, while preserving their rightful liberty of
expression, including criticism of Government policy, shall not
be used to undermine public order or morality or the authority of
the State.
The publication or utterance of blasphemous, seditious, or
indecent matter is an offence which shall be punishable in
accordance with law.
- The right of the citizens to assemble peaceably and without arms.
Provision may be made by law to prevent or control meetings which
are determined in accordance with law to be calculated to cause a
breach of the peace or to be a danger or nuisance to the general
public and to prevent or control meetings in the vicinity of
either House of the Oireachtas.
- The right of the citizens to form associations and unions.
Laws, however, may be enacted for the regulation and control in
the public interest of the exercise of the foregoing right.
- Laws regulating the manner in which the right of forming associations
and unions and the right of free assembly may be exercised shall
contain no political, religious or class discrimination.
The Family.
Article 41.
-
- The State recognises the Family as the natural primary and fundamental
unit group of Society, and as a moral institution possessing
inalienable and imprescriptible rights, antecedent and superior to all
positive law.
- The State, therefore, guarantees to protect the Family in its
constitution and authority, as the necessary basis of social order and
as indispensable to the welfare of the Nation and the State.
-
- In particular, the State recognises that by her life within the home,
woman gives to the State a support without which the common good cannot
be achieved.
- The State shall, therefore, endeavour to ensure that mothers shall not be
obliged by economic necessity to engage in labour to the neglect of their
duties in the home.
-
- The State pledges itself to guard with special care the institution of
Marriage, on which the Family is founded, and to protect it against
attack.
- No law shall be enacted providing for the grant of a dissolution of
marriage.
- No person whose marriage has been dissolved under the civil law of any
other State but is a subsisting valid marriage under the law for the
time being in force within the jurisdiction of the Government and
Parliament established by this Constitution shall be capable of
contracting a valid marriage within that jurisdiction during the
lifetime of the other party to the marriage so dissolved.
Education.
Article 42.
- The State acknowledges that the primary and natural educator of the child
is the Family and guarantees to respect the inalienable right and duty of
parents to provide, according to their means, for the religious and moral,
intellectual, physical and social education of their children.
- Parents shall be free to provide this education in their homes or in
private schools or in schools recognised or established by the State.
-
- The State shall not oblige parents in violation of their conscience and
lawful preference to send their children to schools established by the
State, or to any particular type of school designated by the State.
- The State shall, however, as guardian of the common good, require in
view of actual conditions that the children receive a certain minimum
education. moral. intellectual and social.
- The State shall provide for free primary education and shall endeavour to
supplement and give reasonable aid to private and corporate educational
initiative, and, when the public good requires it, provide other
educational facilities or institutions with due regard, however, for the
rights of parents, especially in the matter of religious and moral
formation .
- In exceptional cases, where the parents for physical or moral reasons fail
in their duty towards their children, the State as guardian of the common
good, by appropriate means shall endeavour to supply the place of the
parents, but always with due regard for the natural and imprescriptible
rights of the child.
Private Property.
Article 43.
-
- The State acknowledges that man, in virtue of his rational being, has
the natural right, antecedent to positive law, to the private ownership
of external goods.
- The State accordingly guarantees to pass no law attempting to abolish the
right of private ownership or the general right to transfer, bequeath,
and inherit property.
-
- The State recognises, however, that the exercise of the rights mentioned
in the foregoing provisions of this Article ought, in civil society, to
be regulated by the principles of social justice.
- The State, accordingly, may as occasion requires delimit by law the
exercise of the said rights with a view to reconciling their exercise
with the exigencies of the common good.
Religion.
Article 44.
- The State acknowledges that the homage of public worship is due to Almighty
God. It shall hold His Name in reverence, and shall respect and honour
religion.
-
- Freedom of conscience and the free profession and practice of religion
are, subject to public order and morality, guaranteed to every citizen.
- The State guarantees not to endow any religion.
- The State shall not impose any disabilities or make any discrimination on
the ground of religious profession, belief or status.
- Legislation providing State aid for schools shall not discriminate
between schools under the management of different religious
denominations, nor be such as to affect prejudicially the right of any
child to attend a school receiving public money without attending
religious instruction at that school.
- Every religious denomination shall have the right to manage its own
affairs, own, acquire and administer property, movable and immovable, and
maintain institutions for religious or charitable purposes .
- The property of any religious denomination or any educational institution
shall not be diverted save for necessary works of public utility and on
payment of compensation.
DIRECTIVE PRINCIPLES OF SOCIAL POLICY.
DIRECTIVE PRINCIPLES OF SOCIAL POLICY.
Article 45.
The principles of social policy set forth in this Article are intended for
the general guidance of the Oireachtas. The application of those principles in
the making of laws shall be the care of the Oireachtas exclusively, and shall
not be cognisable by any Court under any of the provisions of this
Constitution.
- The State shall strive to promote the welfare of the whole people by
securing and protecting as effectively as it may a social order in which
justice and charity shall inform all the institutions of the national life.
- The State shall, in particular, direct its policy towards securing:--
- That the citizens (all of whom, men and women equally, have the right
to an adequate means of livelihood) may through their occupations find
the means of making reasonable provision for their domestic needs.
- That the ownership and control of the material resources of the community
may be so distributed amongst private individuals and the various
classes as best to subserve the common good.
- That, especially, the operation of free competition shall not be allowed
so to develop as to result in the concentration of the ownership or
control of essential commodities in a few individuals to the common
detriment.
- That in what pertains to the control of credit the constant and
predominant aim shall be the welfare of the people as a whole.
- That there may be established on the land in economic security as many
families as in the circumstances shall be practicable.
-
- The State shall favour and, where necessary, supplement private
initiative in industry and commerce.
- The State shall endeavour to secure that private enterprise shall be so
conducted as to ensure reasonable efficiency in the production and
distribution of goods and as to protect the public against unjust
exploitation.
-
- The State pledges itself to safeguard with especial care the economic
interests of the weaker sections of the community, and, where necessary,
to contribute to the support of the infirm, the widow, the orphan, and
the aged.
- The State shall endeavour to ensure that the strength and health of
workers, men and women, and the tender age of children shall not be
abused and that citizens shall not be forced by economic necessity to
enter avocations unsuited to their sex, age or strength.
AMENDMENT OF THE CONSTITUTION.
AMENDMENT OF THE CONSTITUTION.
Article 46.
- Any provision of this Constitution may be amended, whether by way of
variation, addition, or repeal, in the manner provided by this Article.
- Every proposal for an amendment of this Constitution shall be initiated in
Da/il E/ireann as a Bill, and shall upon having been passed
or deemed to have been passed by both Houses of the Oireachtas, be
submitted by Referendum to the decision of the people in accordance with
the law for the time being in force relating to the Referendum.
- Every such Bill shall be expressed to be "An Act to amend the
Constitution".
- A Bill containing a proposal or proposals for the amendment of this
Constitution shall not contain any other proposal.
- A Bill containing a proposal for the amendment of this Constitution shall
be signed by the President forthwith upon his being satisfied that the
provisions of this Article have been complied with in respect thereof and
that such proposal has been duly approved by the people in accordance
with the provisions of section I of
Article 47 of this Constitution
and shall be duly promulgated by the President as a law.
THE REFERENDUM.
THE REFERENDUM.
Article 47.
- Every proposal for an amendment of this Constitution which is submitted by
Referendum to the decision of the people shall, for the purpose of
Article 46
of this Constitution, be held to have been approved by the people, if,
upon having been so submitted, a majority of the votes cast at such
Referendum shall have been cast in favour of its enactment into law.
-
- Every proposal, other than a proposal to amend the Constitution, which
is submitted by Referendum to the decision of the people shall be held
to have been vetoed by the people if a majority of the votes cast at
such Referendum shall have been cast against its enactment into law and
if the votes so cast against its enactment into law shall have amounted
to not less than thirty-three and one-third per cent. of the voters on
the register.
- Every proposal, other than a proposal to amend the Constitution, which is
submitted by Referendum to the decision of the people shall for the
purposes of Article 27
hereof be held to have been approved by the people unless vetoed by
them in accordance with the provisions of the foregoing sub-section of
this section.
- Every citizen who has the right to vote at an election for members of
Da/il E/ireann shall have the right to vote at a Referendum.
- Subject as aforesaid, the Referendum shall be regulated by law.
REPEAL OF CONSTITUTION OF SAORSTA/T E/IREANN AND CONTINUANCE OF LAWS.
REPEAL OF CONSTITUTION OF SAORSTA/T E/IREANN AND CONTINUANCE OF LAWS.
Article 48.
The Constitution of Saorsta/t E/ireann in force immediately prior
to the date of the coming into operation of this Constitution and the
Constitution of the Irish Free State (Saorsta/t E/ireann) Act.
1922, in so far as that Act or any provision thereof is then in force shall be
and are hereby repealed as on and from that date.
Article 49.
- All powers, functions, rights and prerogatives whatsoever exercisable in
or in respect of Saorsta/t E/ireann immediately before the
II th day of December, 1936, whether in virtue of the Constitution then
in force or otherwise, by the authority in which the executive power of
Saorsta/t E/ireann was then vested are hereby declared to
belong to the people.
- It is hereby enacted that, save to the extent to which provision is made by
this Constitution or may hereafter be made by law for the exercise of any
such power, function, right or prerogative by any of the organs
established by this Constitution, the said powers, functions, rights and
prerogatives shall not be exercised or be capable of being exercised in
or in respect of the State save only by or on the authority of the
Government.
- The Government shall be the successors of the Government of
Saorsta/t E/ireann as regards all property, assets, rights
and liabilities.
Article 50.
- Subject to this Constitution and to the extent to which they are not
inconsistent therewith, the laws in force in Saorsta/t E/ireann
immediately prior to the date of the coming into operation of this
Constitution shall continue to be of full force and effect until the same
or any of them shall have been repealed or amended by enactment of the
Oireachtas.
- Laws enacted before, but expressed to come into force after, the coming
into operation of this Constitution, shall, unless otherwise enacted by
the Oireachtas, come into force in accordance with the terms thereof.
Dochum Glo/ire De/
agus
Ono/ra na hE/ireann.