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Encyclopedia > Bunreacht na hÉireann
The Coat of Arms of the Republic of Ireland This image depicts a seal, an emblem, a coat of arms or a crest. It may be ineligible for copyright or in the public domain. In other cases, it is believed that these images may be exhibited on Wikipedia under the... Image:Ireland coa.png
This article is part of the series
The Republic of Ireland is a sovereign, independent state. It is a representative democracy under a parliamentary system of government, with a president, prime minister and parliament. The capital city is Dublin. While there are a number of important political parties in the state, the two largest are Fianna F... Politics of the R. of Ireland
The President of Ireland (Irish: Uachtarán na hÉireann) is the head of state of the Republic of Ireland. The President is usually directly elected by the people, and serves a maximum of two seven-year terms. The presidency is largely a ceremonial office, but the President does exercise... President
The Council of State (Irish: Comhairle Stáit) is an organ established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of her discretionary, reserve powers. The Council of State also has authority to provide for the temporary exercise of the duties of... Council of State
This article is about the modern legislature. For alternative meanings, see: Oireachtas (disambiguation) The Oireachtas (Irish for Legislature) is the National Parliament of the Republic of Ireland1. The Oireachtas consists of the President of Ireland and two houses: Dáil Éireann and Seanad Éireann (also known as the Senate). However... Oireachtas
Dáil Éireann is the lower house of the Oireachtas (parliament) of the Republic of Ireland1. It is directly elected at least once in every five years under the system of proportional representation by means of the Single Transferable Vote. Its powers are similar to those of lower... Dáil Éireann
Seanad Éireann (English: Senate of Ireland), the Irish Senate, is the upper house of the Oireachtas: the parliament of the Republic of Ireland1. Unlike the lower house, Dáil Éireann, the Senate is not directly elected but consists of a mixture of members chosen by various methods... Seanad Éireann
The Taoiseach (plural: Taoisigh) or, more formally, An Taoiseach, is the head of government of the Republic of Ireland and the leader of the Irish cabinet1. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann (the lower house of parliament), and must, while he or... Taoiseach
The Tánaiste (plural: Tánaistithe), or more formally An Tánaiste, is the deputy prime minister of the Republic of Ireland1. The Tánaiste is appointed by the President of Ireland upon the nomination of the Taoiseach ( prime minister). The word was historically an Irish... Tánaiste
The Government (Irish: Rialtas) is the cabinet that exercises executive authority in the Republic of Ireland. The Government is headed by a prime minister called the Taoiseach, and a deputy prime minister called the Tánaiste. The Taoiseach is appointed by the President after being designated by Dáil Éireann... Government
The Supreme Court (Irish: Chúirt Uachtarach) is the highest judicial authority in the Republic of Ireland. The Supreme Court is the Court of Final Appeal and exercises judicial review, to ensure that other institutions of the state comply with the Constitution of Ireland. The Supreme Court consists of its... Supreme Court
High Court
The courts system in the Republic of Ireland consists of the Supreme Court, the High Court and a number of lower courts. The Republic is a common law jurisdiction and trials for serious offences must usually occur before a jury. The High Court and the Supreme Court have authority, by... Judiciary
Constitution
An amendment may be made to any part of Bunreacht na hÉireann, the constitution of the Republic of Ireland, but only by referendum. An amendment must first be approved by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President... Referendum
Political parties in the Republic of Ireland lists political parties in the Republic of Ireland. The general rule on naming applies. That means: the parties are named in the English translation and the original native name is placed on the first line of the article unless the native form is... Political parties
Elections in the Republic of Ireland gives information on election and election results in the Republic of Ireland. An election is a process in which a vote is held to elect candidates to an office. It is the mechanism by which a democracy fills elective offices in the legislature, and... Elections:

- The date for Irelands presidential election was set for 22 October 2004. However, nominations closed at noon on 1 October and the incumbent president, Mary McAleese, who had nominated herself in accordance with the provisions of the Constitution, was the only person nominated. Accordingly she was re-elected for... Presidential, 2004
- The 28th Dáil was dissolved by President McAleese on Thursday April 25, 2002 and a General Election announced for Friday May 17, 2002. The 29th Dáil assembled on June 6, 2002. Results Overview The general election was significant for six major reasons: The re-election of the Fianna... Legislative, 2002

The Constitution of Ireland is the founding legal document of the state known today as the The Republic of Ireland ( Irish: Poblacht na hÉireann) is the official description of an independent state which covers approximately five-sixths of the island of Ireland, off the coast of north-west Europe. It is the westernmost state of the European Union, and has a developed economy and... Republic of Ireland. The constitution falls broadly within the Liberal democracy is a form of representative democracy where elected representatives that hold the decision power are moderated by a constitution that emphasizes protecting individual liberties and the rights of minorities in society, such as freedom of speech and assembly, freedom of religion, the right to private property and privacy... liberal democratic tradition. It establishes an independent state based on a system of Representative democracy comprises a form of democracy and theory of civics wherein voters choose (in free, secret, multi-party elections) representatives to act in their interests, but not as their proxies—i.e., not necessarily as directed but with enough authority to exercise initiative in the face of changing... representative democracy, and guarantees certain fundamental rights. The constitution was adopted in 1937 was a common year starting on Friday (link will take you to calendar). Events January January 1 - Anastasio Somoza becomes President of Nicaragua January 11 - The first issue of Look magazine goes on sale in the United States. January 19 - Howard Hughes sets a new air record by flying... 1937 by A referendum (plural: referendums or referenda) or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may be the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a... referendum, and may only be amended in the same manner. It is also widely referred to in English by its Note: This page contains phonetic information presented in the International Phonetic Alphabet (IPA) using Unicode. See IPA in Unicode if you have display problems. Irish (Gaeilge) is a Goidelic language spoken in Ireland and in small communities in Canada and Argentina. Irish is constitutionally recognised as the first official language... Irish Gaelic title, Bunreacht na hÉireann1.

Contents

Historical origins

Background

The Constitution of Ireland replaced the The Constitution of the Irish Free State was the constitution of the southern Irish state established in December 1922. It was enacted with the adoption of the Constitution of the Irish Free State (Saorstát Éireann) Act, 1922, to which it was appended as a schedule, and was also known... Constitution of the Irish Free State which had been in effect since the southern state became independent from the The United Kingdom of Great Britain and Northern Ireland is a country in western Europe, and a member of the British Commonwealth and European Union. Usually known simply as the United Kingdom, UK or, inaccurately, as Great Britain or Britain, the UK has four constituent parts. Three of these parts... United Kingdom in 1922 was a common year starting on Sunday (see link for calendar). Events January 7 - Dáil Éireann, the extra-legal parliament of the Irish Republic, ratifies the Anglo-Irish Treaty by 64-57 votes. January 10 - Arthur Griffith is elected President of Dáil Éireann... 1922. There were two main motivations for replacing the old constitution in 1937. Firstly, the old constitution was indelibly associated with the controversial Signature page of the Anglo_Irish Treaty The Anglo_Irish Treaty was a treaty between the British government and the Irish Republic which brought the Anglo-Irish War to an end and established the Irish Free State. It was signed in London by representatives of the British government and envoys plenipotentiary (i... Anglo-Irish Treaty. Those opposed to the treaty initially boycotted the institutions of the new The Irish Free State (Irish: Saorstát Éireann) was (1922–1937) the name of the state comprising the 26 of Irelands 32 counties which were separated from the United Kingdom of Great Britain and Ireland under the Irish Free State Agreement (or Anglo-Irish Treaty) signed by British... Irish Free State but in 1932 is a leap year starting on a Friday. Events January-February January 3 - British arrest and intern Mohandas Gandhi and Vallabhbhai Patel January 8 - In Britain the Archbishop of Canterbury forbids church remarriage of divorcees January 12 - Hattie W. Caraway becomes the first woman elected to the United States... 1932 were elected into power as the Fianna Fáil - The Republican Party ( IPA in English and in Irish; English translation: Soldiers of Destiny) is the largest political party in Ireland. Throughout the twentieth century, the party moved from being a radical, slightly left of centre party, to become the establishment dominating politics for most of... Fianna Fáil party. Since 1922 many of the provisions of the Free State constitution demanded by the Anglo-Irish Treaty had been dismantled piece by piece under the doctrine of "constitutional autochthony" or legal nationalism. So, for example, amendments had removed references to the The Irish Oath of Allegiance was a controversial provision in the Anglo-Irish Treaty of 1921, which Irish TDs (members of the Irish parliament) and Senators were required to take, in order to take their seats in Dáil Éireann (The Chamber of Deputies) and Seanad Éireann (the Irish Senate... Oath of Allegiance, appeals to the This article concerns the British Sovereigns Privy Council. See also Privy Council (disambiguation). Her Majestys Most Honourable Privy Council is a body of advisors to the British Sovereign. Formerly, the Council was a powerful institution, but is now largely ceremonial. Most of its power is held by one... Privy Council, the The British monarch or Sovereign is the monarch and head of state of the United Kingdom and its overseas territories, and is the source of all executive, judicial and (as the Queen_in_Parliament) legislative power. The monarch is also Supreme Governor of the Church of England as well as Head of... British Crown, and the The Governor-General of the Irish Free State (Irish: Seanascal Shaorstáit Eireann) was the representative of the Crown in the Irish Free State between 1922 and 1936. Until 1927 the Governor-General was also the agent of the British Government in the Irish Free State. List of Governors-General... Governor General. Nevertheless, the Fianna Fáil government, led by Eamon de Valera1 (born Edward George de Valera, Irish name Éamonn de Bhailéara) (October 14, 1882 - August 29, 1975), was a leader of Irelands struggle for independence from Britain in the early 20th Century, and of the Republican opposition in the ensuing Irish Civil War, and was subsequently... Eamon de Valera, still believed it desirable that a new, entirely native constitution replace one that had been the partial imposition of the British government.


The second motive for replacing the old constitution was that since its adoption it had been subjected to a great many, often rather ad hoc amendments. After 1922 the government of the Free State regularly exploited a provision of the constitution that allowed it to be amended by a simple act of parliament. Sometimes a normal act of parliament would contain within it a blanket provision stating that, if it were found to be incompatible with the constitution, the act should be interpreted as an implicit amendment to it. For these reasons, as well, many saw it as desirable that the old constitution be abandoned entirely, in favour of a clean slate.


Drafting process

Eamon de Valera. Old portrait, likely no copyright issues, public domain, The copyright status of this vintage image is undetermined; it may still be copyrighted. The individual who uploaded this work and first used it in an article, and subsequent persons who place it into articles, assert that this qualifies...
Eamon de Valera. Old portrait, likely no copyright issues, public domain, The copyright status of this vintage image is undetermined; it may still be copyrighted. The individual who uploaded this work and first used it in an article, and subsequent persons who place it into articles, assert that this qualifies... Enlarge
Eamon de Valera, oversaw the drafting of a new constitution

The Bunreacht was the work of Eamon de Valera1 (born Edward George de Valera, Irish name Éamonn de Bhailéara) (October 14, 1882 - August 29, 1975), was a leader of Irelands struggle for independence from Britain in the early 20th Century, and of the Republican opposition in the ensuing Irish Civil War, and was subsequently... Eamon de Valera, The President of the Executive Council (Irish: Uachtaráin na hArd-Chomhairle) was the title of the prime minister in the Executive Council of the Irish Free State from 1922-37. Under the Irish Free State Constitution Act, 1922 executive authority was vested in the King and exercised by the... President of the Executive Council (prime minister) of the The Irish Free State (Irish: Saorstát Éireann) was (1922–1937) the name of the state comprising the 26 of Irelands 32 counties which were separated from the United Kingdom of Great Britain and Ireland under the Irish Free State Agreement (or Anglo-Irish Treaty) signed by British... Irish Free State. It was actually drafted in two languages, Irish and The English language is a West Germanic language that originates in England. It is the third most common first language (native speakers), with around 402 million people in 2002. English has lingua franca status in many parts of the world, due to the military, economic, scientific, political and cultural influence... English: in Irish by Micheál Ó Gríobhtha, who worked in the Irish Department of Education, and in English by John Hearne, legal advisor to the The Minister for Foreign Affairs is one of the most important ministerial positions in the Irish cabinet, with responsibility for the relations between the Republic of Ireland and foreign states. From 1919 to 1971 the officer-holder bore the title of Minister for External Affairs. The current office-holder is... Department of External Affairs (now called the Department of Foreign Affairs). De Valera served as his own External Affairs Minister, hence the use of the Department's Legal Advisor, with whom he had previously worked closely, as opposed to the Attorney-General or someone from the Department of the President of the Executive Council.


Though many presumed that the constitution was drafted in English and merely translated into Irish, in reality it was in effect written in both languages almost simultaneously, with each co-author borrowing from the other's work. The result unfortunately is that at a number of points the texts clash. In the event of such a clash, the Irish language, though ironically the less well worded legally, given that its author was not a lawyer, takes precedence.


Though controversial, de Valera's work has received international praise. Notwithstanding its actual contents, it is widely seen as a model constitution in terms of its clear legal language, order and structure. It has often been compared to the 1958 was a common year starting on Wednesday (link will take you to calendar). Events January January 1 - Treaty of Rome founding the EU is implemented January 4 - Sputnik 1 falls to Earth from its orbit (launched on October 4, 1957) January 8 - 14 year old Bobby Fischer wins the... 1958 Constitution of the French Fifth Republic, which is generally seen by political scientists as inferior in terms of clarity and structure. The Bunreacht has been studied worldwide, for example in Nehru's The Republic of India is the second most populous country in the world, with a population of more than one billion, and is the seventh largest country by geographical area. India has grown significantly, both in population and in strategic importance in the last two decades. The Indian economy is... India and Mandela's The Republic of South Africa (pronunciation) is a large republic in Southern Africa. It is located at the southern tip of the continent, and borders Namibia, Botswana, Zimbabwe, Mozambique, and Swaziland. The small nation of Lesotho is entirely contained within South African territory. Its economy is the largest and most... South Africa. Its office of President of Ireland was one of six studied closely by Australia's The Republic Advisory Committee was a committee established by the then Australian Prime Minister Paul Keating in May 1993 to examine the constitutional and legal issues that would arise were Australia to become a republic. It was asked to consider issues such as a name for a new elected head... Republic Advisory Committee as Australia considered becoming a republic. The Constitution is currently being reviewed by the All-Party Oireachtas Committee on the Constitution.


Enactment

Bunreacht na hÉireann was passed by Dáil Éireann is the lower house of the Oireachtas (parliament) of the Republic of Ireland1. It is directly elected at least once in every five years under the system of proportional representation by means of the Single Transferable Vote. Its powers are similar to those of lower... Dáil Éireann (the sole house of parliament) on June 14 is the 165th day of the year in the Gregorian calendar (166th in leap years), with 200 days remaining. Events 1381 - King Richard II of England meets the leaders of Peasants Revolt. 1645 - English Civil War: Battle of Naseby - 12,000 Royalist forces are beaten by 15,000... 14 June and then approved narrowly in a plebiscite of voters on July 1 is the 182nd day of the year (183rd in leap years) in the Gregorian Calendar, with 183 days remaining. Events 1000-1899 1097 - Battle of Dorylaeum Crusaders under Bohemond of Taranto defeat a Turkish army under Qilich Arslan I. 1690 - Battle of the Boyne as reckoned under Julian... 1 July 1937 was a common year starting on Friday (link will take you to calendar). Events January January 1 - Anastasio Somoza becomes President of Nicaragua January 11 - The first issue of Look magazine goes on sale in the United States. January 19 - Howard Hughes sets a new air record by flying... 1937. It came into force on December 29 is the 363rd day of the year (364th in leap years) in the Gregorian Calendar, with 2 days remaining. Events 1170 - Thomas Becket, is slain in his own cathedral on orders from Henry II of England. 1813 - War of 1812: British soldiers burn Buffalo, New York 1845 - Texas... 29 December 1937 was a common year starting on Friday (link will take you to calendar). Events January January 1 - Anastasio Somoza becomes President of Nicaragua January 11 - The first issue of Look magazine goes on sale in the United States. January 19 - Howard Hughes sets a new air record by flying... 1937. Among the groups who voted against it were supporters of the Current Fine Gael logo Fine Gael (United Ireland) (pronounced fi-na gale) is the second largest political party in the Republic of Ireland. It was founded on 3 September 1933 following the merger of Cumann na nGaedheal, the Centre Party and the Blueshirts (National Gaurd). It is a member of... Fine Gael and The Irish Labour Party is the third largest political party in the Republic of Ireland. In 1912 James Connolly and James Larkin advocated the creation of an Irish Labour party. This party would represent the workers in the expected Home Rule parliament. It was established as a congress of trade... Labour opposition parties, In the Irish context, Unionists form a group of largely (though not exclusively) Protestant people in Ireland, of all social classes, who wish to see the continuation of the Act of Union, as amended by the Government of Ireland Act 1920, under which the Northern Ireland provincial state created in... Unionists, supporters of the The English noun Commonwealth dates originally from the fifteenth century and in different contexts indicates one of: a nation, state or political unit a state founded on law by agreement of the people for the common good a republic a federated union of constituent states. A Cooperative Commonwealth is the... Commonwealth and women. Its main support came from Fianna Fáil supporters and republicans. The question put to voters was simply "Do you approve of the Draft Constitution which is the subject of this plebiscite?".

Electorate Total poll (%) Spoilt (%) For (%) Against (%)
1,775,055 1,346,207 (75.8) 134,157 (10) 685,105 (56.5) 526,945 (43.5)

Legal continuity

Main article: Legality of the enactment of the Constitution of Ireland


At the time the Bunreacht was adopted there was uncertainty as to whether its enactment amounted to a 'legal' amendment of the Free State constitution or a violation of its terms. If the enactment of the Bunreacht were considered to be illegal in this way it could be considered an act of peaceful revolution. De Valera's government insisted that, owing to the principle of popular sovereignty, provided it was approved by the people in a plebiscite it was not necessary for the new constitution be adopted legally under the terms of the old. Nonetheless, in order to avoid a challenge to the new constitution in the courts, senior judges were required to make a formal declaration that they would uphold the constitution in order to be permitted to remain in office once the Bunreacht had come into force.


Main provisions

Structure

The official text of the constitution consists of a Preamble and fifty articles arranged under sixteen headings. Its overall length is approximately 16,000 words. When adopted, it also included a number of Transitory Provisions. However these are now likely to be of no legal effect and have been omitted from all official texts since 1941 was a common year starting on Wednesday (link will take you to calendar). Events January January 6 - Franklin Delano Roosevelt delivers his Four Freedoms Speech in the State of the Union Address. January 10 - Lend-Lease is introduced into the U.S. Congress. January 19 - British troops attack Italian... 1941. The headings are:

  • 1. The Nation (1-3)
  • 2. The State (4-11)
  • 3. The The President of Ireland (Irish: Uachtarán na hÉireann) is the head of state of the Republic of Ireland. The President is usually directly elected by the people, and serves a maximum of two seven-year terms. The presidency is largely a ceremonial office, but the President does exercise... President (12-14)
  • 4. The This article is about the modern legislature. For alternative meanings, see: Oireachtas (disambiguation) The Oireachtas (Irish for Legislature) is the National Parliament of the Republic of Ireland1. The Oireachtas consists of the President of Ireland and two houses: Dáil Éireann and Seanad Éireann (also known as the Senate). However... National Parliament (15-27)
  • 5. The The Government (Irish: Rialtas) is the cabinet that exercises executive authority in the Republic of Ireland. The Government is headed by a prime minister called the Taoiseach, and a deputy prime minister called the Tánaiste. The Taoiseach is appointed by the President after being designated by Dáil Éireann... Government (28)
  • 6. International Relations (29)
  • 7. The The Attorney General (Irish: An Ard-Aighne) is the official adviser to the Irish Government in matters of law. He is in effect the chief law officer in the Republic of Ireland. The Attorney-General is not a member of the Government but does participate in cabinet meetings. As the... Attorney General (30)
  • 8. The The Council of State (Irish: Comhairle Stáit) is an organ established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of her discretionary, reserve powers. The Council of State also has authority to provide for the temporary exercise of the duties of... Council of State (31-32)
  • 9. The Comptroller and Auditor General is the title of a government official in a number of states, including the United Kingdom, the Republic of Ireland and India. In the Republic of Ireland the Comptroller and Auditor General is an officer, established by the constitution, who audits all disbursements and accounts of... Comptroller and Auditor General (33)
  • 10.The The courts system in the Republic of Ireland consists of the Supreme Court, the High Court and a number of lower courts. The Republic is a common law jurisdiction and trials for serious offences must usually occur before a jury. The High Court and the Supreme Court have authority, by... Courts (34-37)
  • 11. Trial of Offences (38-39)
  • 12. Fundamental Rights (40-44)
  • 13. Directive Principles of Social Policy (45)
  • 14. An amendment may be made to any part of Bunreacht na hÉireann, the constitution of the Republic of Ireland, but only by referendum. An amendment must first be approved by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President... Amendment of the Constitution (46)
  • 15. The Referendum (47)
  • 16. Repeal of Constitution of Saorstát Éireann and Continuance of Laws (48-50)

Preamble (full text)

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 Éire,
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 and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
Do hereby adopt, enact, and give to ourselves this Constitution.

Characteristics of the nation and state

  • National sovereignty: The constitution declares the right of the Irish people to Self-determination is a principle in international law that a people ought to be able to determine their own governmental forms and structure free from outside influence. This principle was first articulated by Woodrow Wilson in his Fourteen Points; and was important in the Treaty of Versailles for drawing the... self-determination (Article 1). The state is declared to be sovereign and independent (Article 5).
  • United Ireland: Article 2 and Article 3 of Bunreacht na hÉireann, the constitution of the Republic of Ireland, were adopted with the constitution as a whole in 1937, but completely revised by means of the Nineteenth Amendment which took full effect in 1999. As amended they grant the right to be... Article 2 states that everyone born on the island of A true colour image of Ireland, captured by a NASA satellite on January 4, 2003. Scotland, the Isle of Man and Wales are visible to the east. Ireland is located west of the European landmass, which is part of the continent of Eurasia. Ireland (Éire in Irish) is the... Ireland has the right "to be part of the Irish Nation", and grants citizenship to all such people. Article 2 and Article 3 of Bunreacht na hÉireann, the constitution of the Republic of Ireland, were adopted with the constitution as a whole in 1937, but completely revised by means of the Nineteenth Amendment which took full effect in 1999. As amended they grant the right to be... Article 3 declares the will of the Irish people to create a united Ireland, provided this occurs peacefully, and with the consent of the people of Northern Ireland is an administrative region and one of four parts of the United Kingdom. It has a land border with the Republic of Ireland in the island of Ireland and is otherwise bounded by sea. It covers 14,139 square kilometres (5,459 square miles) in the north-east... Northern Ireland.
  • Name of the state: The constitutional declares that the name of the state is " Map of Éire Éire (pronounced AIR uh, in the Irish language, translated as Ireland) is the name given in Article 4 of the 1937 Irish constitution to the 26-county Irish state, created under the 1921 Anglo-Irish Treaty, which was known between 1922 and 1937 as the... Éire, or, in the English language, Ireland" (Article 4). The term Republic of Ireland has been widely used since the adoption of The Republic of Ireland Act was an enactment of Oireachtas Éireann passed in 1948, which came into force on April 18, 1949 and which declared that the official description of Éire was to be the Republic of Ireland. The Act Between 1922 and 1937, the 26 county Irish state was... Republic of Ireland Act in 1949 is a common year starting on Saturday. Events January January 4 - RMS Caronia of the Cunard Line departs Southampton for New York on her maiden voyage January 4 - February 22 - Series of winter storms in Nebraska, Wyoming, South Dakota, Utah, Colorado and Nevada - winds of up to 72 mph... 1949 but, so as not to violate the constitution, was at that time declared to be merely the official description of the state.
  • National flag: The national flag is defined as the The Irish tricolour (flag ratio: 1:2). The National Flag of Ireland (Irish: An Bhratach Náisiúnta), also known as the Irish tricolour, is the national flag of the Republic of Ireland. The flag was first adopted as the national flag of the Irish Free State in 1922. When... Irish tricolour (Article 7).
  • Capital city: The Houses of the Oireachtas (parliament) must usually meet in or near Dublin (Article 15), and the President's official residence must be in or near the city (Article 12).
  • Popular sovereignty: It is stated that all powers of government "derive, under God, from the people" (Article 6).

National language

Irish is declared as "the national language" and "the first official language", and English as "a second official language" (Article 8). However, the constitution leaves the government largely free as to what degree of recognition it gives either language in practice. The Irish text of the constitution takes precedence over the English text (Articles 25 and 63). However, the second amendment included changes to the Irish text to bring it in line with the English text. In practice the The Supreme Court (Irish: Chúirt Uachtarach) is the highest judicial authority in the Republic of Ireland. The Supreme Court is the Court of Final Appeal and exercises judicial review, to ensure that other institutions of the state comply with the Constitution of Ireland. The Supreme Court consists of its... Supreme Court tries to find an interpretation compatible with both versions. The constitution provides for a number of Irish language terms that are to be used even in English speech. The terms Éire for the state, and Taoiseach for the head of government appear first in the Bunreacht. The terms Oireachtas, Dáil Éireann and Seanad Éireann (English: Senate of Ireland), the Irish Senate, is the upper house of the Oireachtas: the parliament of the Republic of Ireland1. Unlike the lower house, Dáil Éireann, the Senate is not directly elected but consists of a mixture of members chosen by various methods... Seanad Éireann had also featured in the The Constitution of the Irish Free State was the constitution of the southern Irish state established in December 1922. It was enacted with the adoption of the Constitution of the Irish Free State (Saorstát Éireann) Act, 1922, to which it was appended as a schedule, and was also known... Free State constitution.


Organs of government

Main article: The Republic of Ireland is a sovereign, independent state. It is a representative democracy under a parliamentary system of government, with a president, prime minister and parliament. The capital city is Dublin. While there are a number of important political parties in the state, the two largest are Fianna F... Politics of the Republic of Ireland


The Constitution establishes a government under a A parliamentary system, or parliamentarism, is distinguished by the executive branch of government being dependent on the direct or indirect support of the parliament, often expressed through a vote of confidence. Hence, there is no clear-cut separation of powers between the legislative and executive branches of government. Parliamentary systems... parliamentary system. It provides for a directly elected, ceremonial The President of Ireland (Irish: Uachtarán na hÉireann) is the head of state of the Republic of Ireland. The President is usually directly elected by the people, and serves a maximum of two seven-year terms. The presidency is largely a ceremonial office, but the President does exercise... President of Ireland (Article 12), a head of government called the " The Taoiseach (plural: Taoisigh) or, more formally, An Taoiseach, is the head of government of the Republic of Ireland and the leader of the Irish cabinet1. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann (the lower house of parliament), and must, while he or... Taoiseach" (Article 28) and a national parliament called the " This article is about the modern legislature. For alternative meanings, see: Oireachtas (disambiguation) The Oireachtas (Irish for Legislature) is the National Parliament of the Republic of Ireland1. The Oireachtas consists of the President of Ireland and two houses: Dáil Éireann and Seanad Éireann (also known as the Senate). However... Oireachtas" (Article 15). The Oireachtas has a dominant, directly elected lower house known as " Dáil Éireann is the lower house of the Oireachtas (parliament) of the Republic of Ireland1. It is directly elected at least once in every five years under the system of proportional representation by means of the Single Transferable Vote. Its powers are similar to those of lower... Dáil Éireann" (Article 16). There is also an independent The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. Under the doctrine of the separation of powers, it is one of the three branches of government. The primary function of the judiciary is to adjudicate legal disputes. The judiciary is... judiciary under a The Supreme Court (Irish: Chúirt Uachtarach) is the highest judicial authority in the Republic of Ireland. The Supreme Court is the Court of Final Appeal and exercises judicial review, to ensure that other institutions of the state comply with the Constitution of Ireland. The Supreme Court consists of its... Supreme Court (Article 34).


National emergency

Under Article 28, the constitution grants the state sweeping powers during a "time of war or armed rebellion", which may include an armed conflict in which the state is not a direct participant. In such circumstances a "national emergency" may be declared to exist by both houses of the Oireachtas (parliament). During such a period the Oireachtas may pass laws that would otherwise be unconstitutional and the actions of the The Government (Irish: Rialtas) is the cabinet that exercises executive authority in the Republic of Ireland. The Government is headed by a prime minister called the Taoiseach, and a deputy prime minister called the Tánaiste. The Taoiseach is appointed by the President after being designated by Dáil Éireann... executive cannot be found to be ultra vires or unconstitutional provided they at least "purport" to be in pursuance of such a law. However, the constitutional prohibition on the death penalty is absolute and it may not be introduced during a "time of war". Two national emegencies have existed since 1937: an emergency declared in 1940 was a leap year starting on Monday (link will take you to calendar). Events January-February January 5 - FM radio is demonstrated to the FCC for the first time. January 6 - World War II: Mass execution of Poles, committed by Germans in the Poznan, Warthegau. January 12 - World War... 1940 to cover the threat to national security posed by World War II, and an emergency declared in 1976 is a leap year starting on Thursday (link will take you to calendar). Events January-February January 12 - UN Security Council votes 11-1 to admit the Palestinian Liberation Organization January 15 - Would-be Gerald Ford presidential assassin Sara Jane Moore is sentenced to life in prison January 16... 1976 to deal with the threat to the security of the state posed by the The Provisional Irish Republican Army (PIRA) is a paramilitary group which aimed, through the use of violence, to achieve three goals: (i) British withdrawal from Ireland, (ii) the political unification of Ireland through the merger of Northern Ireland and the Republic of Ireland , and (iii) the creation of an all... Provisional IRA.


International relations

  • European Union: Under Article 29 The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. In contrast to nations such as the United States, European nations subscribe to the principle that international law adopted... EU law takes precedence over the constitution in the event of a conflict. The Supreme Court has ruled that any The European Union or EU is an intergovernmental organisation of European countries, which currently has 25 member states. The Union was established under that name by the Treaty on European Union (commonly known as the Maastricht Treaty) in 1992. However, many aspects of the EU existed before that date through... EU treaty that substantially alters the character of the Union must be approved by a constitutional amendment. For this reason separate provisions of Article 29 permit the state to ratify the The Single European Act (SEA) was the first major revision of the Treaty of Rome. There was a tremendous amount of discontent among European Community members in the 1980s. Leaders from the business and political worlds were eager to harmonize laws between countries and resolve policy discrepancies. A commission formed... Single European Act, The Maastricht treaty (formally, the Treaty on European Union) was signed on 7 February 1992 in Maastricht between the members of the European Community and entered into force on 1 November 1993. It led to the creation of the European Union and was the result of separate negotiations on monetary... Maastricht Treaty, The Amsterdam Treaty (in full: Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts) which was signed on October 2, 1997, and entered into force on May 1, 1999, made substantial changes to the Treaty on European Union which... Amsterdam Treaty and The Treaty of Nice is a treaty adopted in Nice by the European Council to amend the two founding treaties of the European Union: the Treaty on European Union, or Maastricht Treaty, which introduced the Euro and the 3-pillar structure of the EU; the Treaty of Rome, which established... Nice Treaty.
  • International law: Under Article 29 international treaties to which the state is a party are not considered part of the domestic law of the state unless the Oireachtas (parliament) decides otherwise. The article also declares that "Ireland accepts the generally recognised principles of international law", but the High Court has ruled that this provision is merely aspirational and is not enforceable in a court of law.

Individual rights

Under 'Fundamental Rights' title

  • Equality before the law: Guaranteed by Article 40.1.
  • Prohibition on titles of nobility: The state may not confer titles of nobility and no citizen may accept such a title without the permission of the Government (in practice this is usually a mere formality) (Article 40.1).
  • 'Personal rights': The state is bound to protect "the personal rights of the citizen" and in particular to defend the "life, person, good name and property rights of every citizen" (Article 40.2).
  • Prohibition of abortion: Prohibited by Artice 40.3, except in cases in which there is a threat to the life of the mother.
  • Habeas Corpus: Guaranteed by Article 40.4. The The Irish Defence Forces are the army, navy and air-force of the Republic of Ireland. Their official Irish Gaelic title is Óglaigh na hÉireann, literally: Volunteers of Ireland. The President of Ireland is the formal commander-in-chief of the Defence Forces, but in practice they answer to... Defence Forces are exempt from In common law jurisdictions, habeas corpus, or more precisely habeas corpus ad subjiciendum, is a prerogative writ which requires the addressee to produce in court a person in its custody and justify his or her imprisonment. Known as the Great Writ, the writ of habeas corpus could be used not... habeas corpus during time of rebellion or war. Since the The Sixteenth Amendment of Bunreacht na hÉireann, the constitution of the Republic of Ireland, provided that a court could refuse bail to a suspect where it feared that while at liberty they would commit a criminal offence. It was effected by the Sixteenth Amendment of the Constitution Act, 1996... Sixteenth Amendment it has also been constitutional for a court to deny bail to someone charged with a crime where it suspects they may commit an offence.
  • Inviolability of the home: The state may not forcibly enter someones home unless permitted to do so by law (Article 40.5).
  • Freedom of speech: Guaranteed by Article 40.6.1. However this may not be used to undermine "public order or morality or the authority of the State". Furthermore, the constitution explicitly requires that the publication of "blasphemous, seditious, or indecent matter" be a criminal offence.
  • Freedom of assembly: Guaranteed by Article 40.6.1, but only when exercised "peaceably and without arms" and not a "nuisance to the general public".
  • Freedom of association: Article 40.6 protects this right but states that it may be regulated by the state "in the public interest", provided it is not regulated in a manner which is discrimminatory.
  • Family and home life: Under Article 41 the state promises to "protect the family" and its "imprescriptable rights, antecedent and superior to all positive law". Under the same article the state must ensure economic circumstances do not oblige a mother to work outside of the home. The provision also guarantees that in the event of divorce adequate financial provision must be made for any children and for both spouses.
  • Education: Article 42 guarantees parents the right to determine how their children shall be educated, provided a minimum standard is met. Under the same article the state must provide free Primary or elementary education is the first years of formal, structured education that occurs during childhood. In most Western countries, it is compulsory for children to receive primary education (though in many jurisdictions it is permissible for parents to provide it). Primary education generally begins when children are four to... primary level education. Currently Irish law also guarantees free High School also refers to the highest form of classical riding, High School Dressage. Secondary education, or secondary school, is a period of education which follows directly after primary education (such as intermediate school or elementary school), and which may be followed by tertiary or post-secondary education. The purpose... second and Tertiary education, also referred to as third-stage or third level education, is the educational level following the completion of a school providing a secondary education such as a high school, secondary school, or gymnasium. Tertiary education is commonly higher education which prepares students for a quaternary education, but it... third level education.
  • Private property: Guaranteed subject to "social justice" and the "common good" (Article 43).
  • Freedom of worship: Guaranteed subject to "public order and morality" (Article 44.2.1).
  • Prohibition of establishment: The state may not endow any religion (Article 44.2.2).
  • Religious discrimination: The state may not discriminate on religious grounds (Article 44.2.3).

Under other provisions

  • Prohibition of the death penalty: The Oireachtas (parliament) may not enact any law allowing for the imposition of the Capital punishment, also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime. Some jurisdictions that practice capital punishment restrict its use to a small number of criminal offences, principally... death penalty (Article 15), even during a time of war or armed rebellion (Article 28).
  • Prohibition of ex post facto laws: The Oireachtas may not enact An ex post facto law (Latin for from a thing done afterward), also known as a retrospective law, is a law that is retroactive, i.e. that affects facts or legal relationships that have existed prior to the enactment of the law. Ex post facto is a term from the... ex post facto criminal laws (Article 15).
  • Trial by jury: A trial for a serious offence must usually be before a jury (Article 38). However, in certain circumstances a trial without a jury may occur before a military tribunal or "special court".
  • Sexual discrimination: The sex of an individual cannot be a reason to deny them the right to nationality and citizenship (Article 9), or to vote for or be a member of Dáil Éireann (Article 16).

Directive Principles of Social Policy

Article 45 outlines a number of broad principles of social and economic policy. Its provisions are, however, intended solely for the guidance of the legislature and cannot be enforced by a court of law. In the 21st century, the Directive Principles of Social Policy feature little in parliamentary debates. However, no proposals have been made for their repeal or amendment. They require, in summary, that:

  • Justice and charity must inform national institutions.
  • The free market and private property must be regulated in the interests of the common good.
  • The state must prevent a destructive concentration of essential commodities in the hands of a few.
  • The state should ensure efficiency in private industry and protect the public against economic exploitation.
  • Everyone has the right to an adequate occupation
  • The state must supplement private industry where necessary.
  • The state must protect the vulnerable, such as orphans and the aged.
  • No one must be forced into an occupation unsuited to their age, sex or strength.

Transitory Provisions

The Transitory Provisions are, or were, Articles 51 to 63. These thirteen articles mandate arrangements for the smooth transition from previous institutions to the newly established state. Article 51 provides for the transitional amendment of the constitution by ordinary legislation. The remaining twelve deal with such matters as the transition and reconstitution of the executive and legislature, the continuance of the civil service, the entry into office of the first president, the temporary continuance of the courts, and with the continuance of the attorney general, the comptroller and auditor general, the Defence Forces and the police.


Under their own terms the Transitory Provisions are today omitted from all official texts of the constitution. The provisions required that Article 51 be omitted from 1941 onwards and the remainder from 1938 was a common year starting on Saturday (link will take you to calendar). Events January-May January 3 - The March of Dimes is established by Franklin Delano Roosevelt. January 11 - Frances Moulton is the first woman to become president of a US national bank. January 20 - Wedding of King... 1938. However, paradoxically, under their own provisions Articles 52 to 63 continue to have the full force law and so may be considered to remain an integral part of the constitution, even though invisible. This created the anomalous situation that, in 1941, it was deemed necessary, by means of the The Second Amendment of the Constitution of Ireland, the founding legal document of the Republic of Ireland, was an omnibus amendment to a variety of articles aimed at implementing a list of many different changes. It was effected by the Second Amendment of the Constitution Act, 1941 which was signed... Second Amendment, to make changes to Article 56 despite the fact that it was no longer a part of the official text.


The precise requirements of the Transitory Provisions were that Articles 52 to 63 would be omitted from all texts published after the day on which the first president assumed office (this was Douglas Hyde (Ir: Dubhghlas de hÍde [doog-las de heeja]) (January 17, 1860 - July 12, 1949) was a Gaelic scholar who served as the first President of Ireland (1938-1945). Background Hyde was born in Frenchpark in County Roscommon, where his father, Arthur Hyde was the local Church of... Douglas Hyde, who was inaugurated in 1938), and that Article 51 would be omitted from the third anniverary of this inauguration (1941). Unlike the other articles, Article 51 expressly provided that it would cease to have legal effect once it was removed from the document.


Amendments

Main article: An amendment may be made to any part of Bunreacht na hÉireann, the constitution of the Republic of Ireland, but only by referendum. An amendment must first be approved by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President... Amendments of the Constitution of Ireland


Any part of the constitution may be amended but only by referendum. The procedure for amendment of the constitution is specified in Article 46. An amendment must first be adopted by boths Houses of the Oireachtas (parliament), then be submitted to a referendum and finally comes into effect on being signed into law by the President. The constitution has been amended more than twenty times since its adoption. Controversial amendments have dealt with such topics as abortion, divorce and the European Union.


Judicial review

Main article: The Supreme Court (Irish: Chúirt Uachtarach) is the highest judicial authority in the Republic of Ireland. The Supreme Court is the Court of Final Appeal and exercises judicial review, to ensure that other institutions of the state comply with the Constitution of Ireland. The Supreme Court consists of its... Irish Supreme Court


The constitution states that it is the highest law of the land and grants the Supreme Court authority to interpret its provisions, and to strike down the laws of the Oireachtas and activities of the Government it finds to be unconstitutional. Under Judicial review is the power of a court to review a law or an official act of a government employee or agent; for example, although the basis is different in different countries, as unconstitutional or violating of basic principles of justice. In many jurisdictions, the court has the power to... judicial review the quite broad meaning of certain articles has come to be explored and expanded upon since 1937. The Supreme Court ruled, prior to their alteration in 1999 is a common year starting on Friday of the Common Era, and was designated the International Year of Older Persons by the United Nations. Events Kosovo War Shooting in Littleton, Colorado, United States, leaves several high school students dead. Y2K preparation was a major event in 1999 both in... 1999, that Articles 2 and 3 did not impose a positive obligation upon the state that could be enforced in a court of law. The reference in Article 41 to the "imprescriptable rights, antecedent and superior to all positive law" of the family has been interpreted by the Supreme Court as conferring upon spouses a broad right to privacy in marital affairs. In the 1974 is a common year starting on Tuesday (click on link for calendar). Events January-February January 5 - Dungeons & Dragons officially released. February 4 - Patricia Hearst, the 19 year old granddaughter of publisher William Randolph Hearst, is kidnapped by the Symbionese Liberation Army February 7 - Grenada becomes independent from... 1974 case of McGee v. The Attorney General the court invoked this right to strike down laws banning the sale of contraceptives. The court has also issued a controversial interpretation of Article 40.3, which prohibits abortion. In the 1992 is a leap year starting on Wednesday of the Gregorian calendar. Events January January - The Internet Society is formed. January 1 Boutros Boutros-Ghali of Egypt replaces Javier Pérez de Cuéllar of Peru as United Nations Secretary-General George H. W. Bush becomes the first... 1992 case of the Attorney General v. X or the X Case was a 1992 Irish Supreme Court case which established the right of Irish women to an abortion if their life was at risk because of pregnancy. The case involved a 14-year-old girl (named only as X in the courts and... Attorney General v. X (more commonly known simply as the "X case") the Supreme Court ruled that the state must permit someone to have an abortion where there is a danger to her life from suicide.


Issues of controversy

The "national territory"

Main article: Article 2 and Article 3 of Bunreacht na hÉireann, the constitution of the Republic of Ireland, were adopted with the constitution as a whole in 1937, but completely revised by means of the Nineteenth Amendment which took full effect in 1999. As amended they grant the right to be... Articles 2 and 3


As adopted in 1937 Articles 2 and 3 of the constitution made the controversial claim that the whole island of A true colour image of Ireland, captured by a NASA satellite on January 4, 2003. Scotland, the Isle of Man and Wales are visible to the east. Ireland is located west of the European landmass, which is part of the continent of Eurasia. Ireland (Éire in Irish) is the... Ireland formed a single "national territory". These articles offended In the Irish context, Unionists form a group of largely (though not exclusively) Protestant people in Ireland, of all social classes, who wish to see the continuation of the Act of Union, as amended by the Government of Ireland Act 1920, under which the Northern Ireland provincial state created in... Unionists in Northern Ireland is an administrative region and one of four parts of the United Kingdom. It has a land border with the Republic of Ireland in the island of Ireland and is otherwise bounded by sea. It covers 14,139 square kilometres (5,459 square miles) in the north-east... Northern Ireland who considered them tantamount to an illegal extra-territorial claim. Under the terms of the 1998 is a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. Events January January 1998 - A massive ice storm, caused by El Niño, strikes New England, southern Ontario and Quebec, resulting in widespread power failures, severe damage to... 1998 The Belfast Agreement (also known as the Good Friday Agreement and, more rarely, as the Stormont Agreement) was signed in Belfast on April 10, 1998 by the British and Irish Governments and endorsed by most Northern Ireland political parties. It was endorsed by the voters of Republic of Ireland in... Belfast Agreement the state amended Articles 2 and 3 to remove reference to a "national territory" and to state that a united Ireland should only come about with the consent of a majority in Northern Ireland, but also to guarantee the people of Northern Ireland the right to be a "part of the Irish Nation" and to Irish citizenship.


Religion

The Constitution of Ireland, particularly in the form in which it was adopted in 1937 was a common year starting on Friday (link will take you to calendar). Events January January 1 - Anastasio Somoza becomes President of Nicaragua January 11 - The first issue of Look magazine goes on sale in the United States. January 19 - Howard Hughes sets a new air record by flying... 1937, has been accused of favouring the The Roman Catholic Church, most often spoken of simply as the Catholic Church, is the largest Christian church, with over one billion members. Members generally prefer the term Catholic Church, but this term has multiple meanings (see Catholicism); the term Roman Catholic Church is used in this article to avoid... Roman Catholic Church and of bias against Protestantism is a general grouping of denominations within Christianity. It generally refers to those that separated from the Roman Catholic Church in the Reformation of the 16th century, their offshoots, and those that share similar doctrines or ideologies. It is commonly considered one of the three major branches of Christianity... Protestants. The constitution is not an entirely secular document. It guarantees freedom of worship and forbids the state from creating an established church. However, it also contains a number of explicit religious references, such as in the preamble, the oath sworn by the President and Article 44.1 which reads:

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.

The constitution has also, since 1983 is an integer and composite number that represents a common year starting on Saturday of the Gregorian calendar. Events January January 1 - Beat Raaflaub became Basel Boys Choirs new conductor January 1 - the ARPANET officially changes to use the Internet Protocol, creating the Internet. January 1 - compulsory wearing... 1983, contained a controversial prohibition of abortion. However this does not apply in cases where there is a threat to the life of the mother (including from risk of suicide) and may not be used to limit the distribution of information about abortion services in other countries or the right of freedom of travel to procure an abortion. A number of ideas still found in the constitution reflect the Catholic social teachings current in the 1930s. Such teachings informed the provisions of the (non-binding) Directive Principles of Social Policy and the system of vocational panels used to elect the senate. The constitution also grants very broadly worded rights to the institution of the family.


As adopted in 1937 the constitution included two particular controversial provisions that have since been removed. These were a prohibition of divorce and a reference to the "special position" of the Catholic Church. Article 44, Sections 2 and 3 read:

  • Section 2: The State recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great majority of the citizens.
  • Section 3: The State also recognises the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, as well as the Jewish Congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution.

Defenders of the original 1937 text argue that the concept of incorporating Catholic social teaching into law was prevalent in the 1930s, and common to many countries with large Catholic majorities. Divorce, for example was banned in other states such as Italy, which repealed its ban in the 1970s. It is also argued that reference to the Catholic Church's special position was of no legal effect and that there is significance in the fact that the "special position" of Catholicism was held to derive merely from its greater number of adherents, a concept that ran contrary to the Church's view of itself prior to the The Second Vatican Council, or Vatican II, was an Ecumenical Council of the Roman Catholic Church opened under Pope John XXIII in 1962 and closed under Pope Paul VI in 1965. However, a small minority of Catholics do not accept it. Some attribute to it a lesser binding authority than... Second Vatican Council. It is observed that Eamon De Valera resisted pressure from right wing Catholic groups such Maria Duce was a small right wing Roman Catholic lobby group in Ireland in the 1930s to 1950s that among other things campaigned to get Eamon de Valera to make Roman Catholicism the established church in the Irish state in his 1937 constitution, Bunreacht na hÉireann. The organisations... Maria Duce to make Catholicism an established church or to declare it the "one true religion". It is finally argued that the prohibition of divorce was supported by senior members of the The Church of Ireland which is part of the Anglican Communion, is the largest Protestant church on the island of Ireland, claims to be the most ancient Christian church within all Ireland, and is the second largest Protestant denomination in Northern Ireland. History The Church of Ireland would trace its... Church of Ireland and that the constitution's explicit recognition of the Jewish community was progressive in the climate of the 1930s. Article 44, Sections 2 and 3 were deleted from the constitution in 1973 was a common year starting on Monday. Events January January 1 - United Kingdom, Ireland, and Denmark enter the European Economic Community, now known as the European Union. January 3 - Columbia Broadcasting System (CBS) sells the New York Yankees for $10 million to a 12-person syndicate led by George... 1973. The ban on divorce was removed in 1996 is a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. Events Environmental change The invasive species Asian long-horned beetle is found in New York January 7 - One of the worst blizzards in American history hits eastern... 1996.


Alleged sexism

The constitution guarantees women the right to vote and to nationality and citizenship. However it also contains a provision that was objected to by women's organisations at the time of the Bunreacht's enactment in 1937. Article 41.2 states:

  • Subsection 1: 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.
  • Subsection 2: 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.

A republic?

Main article: Irish head of state from 1936-1949


In 1949 is a common year starting on Saturday. Events January January 4 - RMS Caronia of the Cunard Line departs Southampton for New York on her maiden voyage January 4 - February 22 - Series of winter storms in Nebraska, Wyoming, South Dakota, Utah, Colorado and Nevada - winds of up to 72 mph... 1949 the state was officially declared to be a republic. However there is debate as to whether or not the state was a republic in the period of 1937-1949 (between these dates the state was not referred to as the 'Republic of Ireland' but was known only by its constitutional names, Ireland and Map of Éire Éire (pronounced AIR uh, in the Irish language, translated as Ireland) is the name given in Article 4 of the 1937 Irish constitution to the 26-county Irish state, created under the 1921 Anglo-Irish Treaty, which was known between 1922 and 1937 as the... Éire). The constitution does not mention the word republic but does include provisions stating that sovereignty resides in the people, and prohibiting the granting of titles of nobility or the establishment of a church.


Nonetheless, debate largely focuses on the question of whether prior to 1949 the head of state was the President of Ireland or George VI (Albert Frederick Arthur George) (December 14, 1895 - February 6, 1952) was the third British monarch of the House of Windsor, reigning from December 11, 1936 to February 6, 1952. As well as being the King of the United Kingdom of Great Britain and Northern Ireland and the British... King George VI. The constitution did not mention the king but nor did it state that the President was head of state. The President exercised certain of the usual roles of a head of state, such as appointing the Government and promulgating the law.


However in 1936 George VI was declared " Henry VIII, became the first King of Ireland in 1541. The precise title King of Ireland has only been used during two periods of Irish history. These were from 1541 until 1801, and from 1922 to 1949. Prior to 1541 there were a series of High Kings of Ireland as... King of Ireland" and, under the The Executive Authority (External Relations) Act, 1936 was an enactment of the Oireachtas (Irish parliament) in 1936. The Act was one of two passed suddenly to deal with the aftermath of the abdication of King Edward VIII as King of Ireland along with his other Commonwealth Realms. Background King Edward... External Relations Act of the same year, it was this king who represented the state in its foreign affairs. Treaties, therefore, were signed in the name of the 'King of Ireland', who also accredited ambassadors and received the letters of credence of foreign diplomats. Representing a state abroad is seen by many scholars as the key characteristic of a head of state. This role meant, in any case, that George VI was the Irish head of state in the eyes of foreign nations. In 1949 the The Republic of Ireland Act was an enactment of Oireachtas Éireann passed in 1948, which came into force on April 18, 1949 and which declared that the official description of Éire was to be the Republic of Ireland. The Act Between 1922 and 1937, the 26 county Irish state was... Republic of Ireland Act was adopted. This proclaimed a republic and transferred the role of representing the state abroad from George VI to the President. No change was made to the constitution.


Footnote

  1. Bunreacht na hÉireann may be roughly pronounced by English speakers as "bun-rocht" (with the ch as in loch) "na hair-inn".

Related topics

  • The Republic of Ireland is a sovereign, independent state. It is a representative democracy under a parliamentary system of government, with a president, prime minister and parliament. The capital city is Dublin. While there are a number of important political parties in the state, the two largest are Fianna F... Politics of the Republic of Ireland
  • History of the Republic of Ireland
  • Shortcut: Irish topics This page aims to list articles on Wikipedia that are related to Ireland. This is so that those interested in the subject can monitor changes to the pages by following the Related changes link. This list is not necessarily complete or up to date; if you see... List of Ireland-related topics

Further reading

  • Brian Farrell, De Valera's Constitution and Ours
  • Brian Doolan Constitutional Law and Constitutional Rights in Ireland
  • Jim Duffy, "Overseas studies: Ireland" in An Australian Republic: The Options - The Appendices (Republic Advisory Committee, Vol II, Commonwealth of Australia, 1993) ISBN 0644325895
  • Michael Forde, Constitutional Law of Ireland
  • John M. Kelly, The Irish Constitution
  • Tim Murphy & Patrick Twomey, Ireland's Evolving Constitution 1937-1997: Collected Essays
  • Micheál Ó Cearúil, Bunreacht na hÉireann: A Study of the Irish Text (published by the All Party Oireachtas Committee on the Constitution, The Stationary Office, 1999).
  • James Casey, "Constitutional Law in Ireland"

Obtaining copies

Paper copies of the Bunreacht are available from the Irish Government Publications Office in Dublin, and from the Irish Government Stationary Office, Molesworth St, Dublin 2. For electronic copies see below.


External links

File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. Click on date to download the file or see the image uploaded on that date. (del) (cur) 12:02, 12 May 2004 . . Dmn (5508 bytes) (Symbol for wikisource) File links...
Wikisource is a sister project to Wikipedia that aims to create a free wiki compendium of primary source texts in any language, as well as translations of source texts. Originally called Project Sourceberg (after Project Gutenberg) during the planning stages for the project, the site was officially named Wikisource on... Wikisource has original text related to this article:
  • Full text of the constitution, accurate up to and including the Twenty-Seventh Amendment from Department of the Taoiseach (http://www.taoiseach.gov.ie/):
    • PDF file (http://www.taoiseach.gov.ie/attached_files/Pdf%20files/Constitution%20of%20Ireland.pdf)
    • HTM file (http://www.taoiseach.gov.ie/attached_files/html%20files/Constitution%20of%20Ireland.htm)
  • Original text of the Constitution of Ireland (http://wikisource.org/wiki/Constitution_of_Ireland_%28original_text%29) - Full text of the document as it was adopted in 1937, from Wikisource  (http://wikisource.org/wiki/Main_Page:English)
  • Transitory Provisions of the Constitution of Ireland (http://wikisource.org/wiki/Transitory_Provisions_of_the_Constitution_of_Ireland) - Full text from Wikisource.
  • The Unabridged Constitution of Ireland (http://www.johnpghall.pwp.blueyonder.co.uk/) - An unofficial variorum edition with amendments alongside the original text. Only accurate up until the Twentieth Amendment in 1999.
  • Plebiscite (Draft Constitution) Act, 1937 (http://www.acts.ie/zza16y1937.1.html) - Full text from Acts of the Oireachtas (http://www.acts.ie/).
  • Oireachtas website (http://www.irlgov.ie/oireachtas/) - Includes links to the texts of parliamentary debates.


 

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