CONSTITUTION OF IRELAND

AN NÁISIÚN

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BUNREACHT NA hÉIREANN

CONSTITUTION OF IRELAND

THE NATION

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Le ceannach díreach ón

Oifig Dhíolta Foilseachán RialtaisTeach Sun Alliance

Sráid Theach LaigheanBaile Átha Cliath 2

nó trí aon díoltóir leabhar

To be purchased through any Bookseller, or directly from theGovernment Publications Sale Office

Sun Alliance HouseMolesworth Street

Dublin 2

An litriú atá ar théacs Gaeilge aneagráin seo de Bhunreacht na hÉireanntá sé de réir chaighdeán litrithe Rannóg

an Aistriúcháin d’Oifig Thithe anOireachtais.

AN NÁISIÚN

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D’achtaigh an Pobal an 1 Iúil, 1937Enacted by the People 1st July, 1937

I ngníomh ón 29 Nollaig, 1937In operation as from 29th December, 1937

An téacs seo den Bhunreacht is cóip é den téacs a cuireadhisteach ina iris an 27 Bealtaine, 1999, de dhroim Airteagal25.5.2o ach amháin maidir leis na nithe seo a leanas:

tá na Forálacha Sealadacha (Airteagail 51-63) fágtha arlár mar a cheanglaítear le téarmaí na nAirteagal sin;athraíodh an téacs Gaeilge chun go mbeadh sé de réir naNua-Ghaeilge caighdeánaí; tá an fichiú leasú, a achtaíodhtar éis don téacs a bheith curtha isteach ina iris, curtha sanáireamh; tá na hAirteagail 2 agus 3 nua agus an t-alt 8 nuain Airteagal 29 curtha isteach de bhun fhorálacha an Achtaum an Naoú Leasú Déag ar an mBunreacht, 1998. Déantarna leasuithe a rinneadh ó achtaíodh an Bunreacht i 1937suas go dtí tráth clóite an eagráin seo (Mí na Nollag 1999)a liostú thíos.

This text of the Constitution is a copy of the text enrolledon 27 May, 1999 pursuant to Article 25.5.2o except that:

the Transitory Provisions (Articles 51-63) are omitted asrequired by their terms; the Irish text has been altered soas to make it conform to modern standardized Irish; thetwentieth amendment, enacted subsequent to enrolment,is incorporated; the new Articles 2 and 3 and the newsection 8 in Article 29 are inserted pursuant to the pro-visions of the Nineteenth Amendment of the ConstitutionAct, 1998. Amendments effected since the Constitutionwas enacted in 1937 up to the time of printing of thisedition (December 1999) are listed below.

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AMENDING ACTS

SHORT TITLE DATE OF SIGNATURE

First Amendment of the ConstitutionAct, 1939 [Extended to conflicts inwhich the State is not a participantthe provision for a state of emer-gency to secure the public safety andpreservation of the State in time ofwar or armed rebellion.]

Second Amendment of the ConstitutionAct, 1941 [An omnibus proposal,covering a range of disparateArticles, aimed at tidying up theConstitution in the light of experiencesince its enactment.]

Third Amendment of the ConstitutionAct, 1972 [Allowed the State tobecome a member of the EuropeanCommunities.]

Fourth Amendment of the ConstitutionAct, 1972 [Reduced the minimumvoting age at Dáil and Presidentialelections and referendums from 21years to 18 years.]

Fifth Amendment of the ConstitutionAct, 1972 [Removed from theConstitution the special position ofthe Catholic Church and therecognition of other named religiousdenominations.]

Sixth Amendment of the Constitution(Adoption) Act, 1979 [Ensured thatadoption orders made by the Adop-tion Board could not be declared

2 September, 1939

30 May, 1941

8 June, 1972

5 January, 1973

5 January, 1973

3 August, 1979

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invalid because they were notmade by a court.]

Seventh Amendment of the Consti-tution (Election of Members ofSeanad Éireann by Institutions ofHigher Education) Act, 1979[Allowed the State to extend theprovisions for the election ofmembers of Seanad Éireann bycertain universities to otherinstitutions of higher education inthe State.]

Eighth Amendment of the Consti-tution Act, 1983 [Acknowledgedthe right to life of the unborn, withdue regard to the equal right to lifeof the mother.]

Ninth Amendment of the ConstitutionAct, 1984 [Extended the right tovote at Dáil elections to certainnon-Irish nationals.]

Tenth Amendment of the ConstitutionAct, 1987 [Allowed the State toratify the Single European Act.]

Eleventh Amendment of the Consti-tution Act, 1992 [Allowed the Stateto ratify the Treaty on EuropeanUnion (Maastricht) and to becomea member of that union.]

There is no Twelfth Amendment.On 25 November 1992, three pro-posals were put to the people, theTwelfth, Thirteenth and FourteenthAmendments. The people rejected

3 August, 1979

7 October, 1983

2 August, 1984

22 June, 1987

16 July, 1992

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the Twelfth (which dealt with theright to life of the unborn) andapproved the Thirteenth andFourteenth (below).

Thirteenth Amendment of the Consti-tution Act, 1992 [Provided thatArticle 40.3.3° (the right to life ofthe unborn) would not limitfreedom to travel between Irelandand another state.]

Fourteenth Amendment of the Consti-tution Act, 1992 [Provided thatArticle 40.3.3° (the right to life ofthe unborn) would not limitfreedom to obtain or makeavailable information relating toservices lawfully available inanother state.]

Fifteenth Amendment of the Consti-tution Act, 1995 [Provided for thedissolution of marriage in certainspecified circumstances.]

Sixteenth Amendment of the Consti-tution Act, 1996 [Provided for therefusal of bail by a court to aperson charged with a seriousoffence where it is reasonablyconsidered necessary to prevent thecommission of a serious offence bythat person.]

Seventeenth Amendment of the Consti-tution Act, 1997 [Provided that theconfidentiality of discussions atmeetings of the Government wouldbe respected save only where the

3 December, 1992

23 December, 1992

17 June, 1996

12 December, 1996

14 November, 1997

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High Court, in certain specifiedcircumstances, determined thatdisclosure should be made.]

Eighteenth Amendment of the Consti-tution Act, 1998 [Allowed the Stateto ratify the Treaty of Amsterdam.]

Nineteenth Amendment of the Consti-tution Act, 1998 [Allowed the Stateto consent to be bound by theBritish-Irish Agreement done atBelfast on 10 April 1998 and pro-vided that certain further amend-ments to the Constitution, notablyto Articles 2 and 3, would come intoeffect when that agreement enteredinto force.]

Twentieth Amendment of the Consti-tution Act, 1999 [Provided consti-tutional recognition of the role oflocal government and that localelections are held at least every fiveyears.]

3 June, 1998

3 June, 1998

23 June, 1999

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CONTENTS

Articles PagePREAMBLE 2

1-3 THE NATION 44-11 THE STATE 6

12-14 THE PRESIDENT 1415-27 THE NATIONAL PARLIAMENT 36

15 CONSTITUTION AND POWERS 3616-17 DÁIL ÉIREANN 4618-19 SEANAD ÉIREANN 5420-27 LEGISLATION 62

28 THE GOVERNMENT 9428A LOCAL GOVERNMENT 106

29 INTERNATIONAL RELATIONS 10830 THE ATTORNEY GENERAL 116

31-32 THE COUNCIL OF STATE 12033 THE COMPTROLLER AND AUDITOR GENERAL 126

34-37 THE COURTS 13038-39 TRIAL OF OFFENCES 14240-44 FUNDAMENTAL RIGHTS 146

40 PERSONAL RIGHTS 14641 THE FAMILY 15842 EDUCATION 16243 PRIVATE PROPERTY 16644 RELIGION 16845 DIRECTIVE PRINCIPLES OF SOCIAL POLICY 17046 AMENDMENT OF THE CONSTITUTION 17647 THE REFERENDUM 178

48-50 REPEAL OF CONSTITUTION OF SAORSTÁT

ÉIREANN AND CONTINUANCE OF LAWS 180

INDEX 211

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In the Name of the Most Holy Trinity, from Whom isall authority and to Whom, as our final end, all actionsboth of men and States must be referred,

We, the people of Éire,

Humbly acknowledging all our obligations to ourDivine Lord, Jesus Christ, Who sustained our fathersthrough centuries of trial,

Gratefully remembering their heroic and unremittingstruggle to regain the rightful independence of ourNation,

And seeking to promote the common good, with dueobservance of Prudence, Justice and Charity, so thatthe dignity and freedom of the individual may beassured, true social order attained, the unity of ourcountry restored, and concord established with othernations,

Do hereby adopt, enact, and give to ourselves thisConstitution.


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THE NATION

ARTICLE 1

The Irish nation hereby affirms its inalienable,indefeasible, and sovereign right to choose its own formof Government, to determine its relations with othernations, and to develop its life, political, economic andcultural, in accordance with its own genius andtraditions.

ARTICLE 2

It is the entitlement and birthright of every person bornin the island of Ireland, which includes its islands andseas, to be part of the Irish nation. That is also theentitlement of all persons otherwise qualified in accord-ance with law to be citizens of Ireland. Furthermore,the Irish nation cherishes its special affinity with peopleof Irish ancestry living abroad who share its culturalidentity and heritage.

ARTICLE 3

1 It is the firm will of the Irish nation, in harmonyand friendship, to unite all the people who sharethe territory of the island of Ireland, in all thediversity of their identities and traditions, recognis-

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Article 3 (continued)

ing that a united Ireland shall be brought about onlyby peaceful means with the consent of a majorityof the people, democratically expressed, in bothjurisdictions in the island. Until then, the lawsenacted by the Parliament established by thisConstitution shall have the like area and extent ofapplication as the laws enacted by the Parliamentthat existed immediately before the coming intooperation of this Constitution.

2 Institutions with executive powers and functionsthat are shared between those jurisdictions may beestablished by their respective responsibleauthorities for stated purposes and may exercisepowers and functions in respect of all or any partof the island.

THE STATE

ARTICLE 4

The name of the State is Éire, or, in the Englishlanguage, Ireland.

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ARTICLE 5

Ireland is a sovereign, independent, democratic state.

ARTICLE 6

1 All powers of government, legislative, executiveand judicial, derive, under God, from the people,whose right it is to designate the rulers of the Stateand, in final appeal, to decide all questions ofnational policy, according to the requirements ofthe common good.

2 These powers of government are exercisable onlyby or on the authority of the organs of Stateestablished by this Constitution.

ARTICLE 7

The national flag is the tricolour of green, white andorange.

ARTICLE 8

1 The Irish language as the national language is thefirst official language.

2 The English language is recognised as a secondofficial language.

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ARTICLE 8 (continued)

3 Provision may, however, be made by law for theexclusive use of either of the said languages forany one or more official purposes, either throughoutthe State or in any part thereof.

ARTICLE 9

1 1° On the coming into operation of this Con-stitution any person who was a citizen of SaorstátÉireann immediately before the coming intooperation of this Constitution shall become and bea citizen of Ireland.

2° The future acquisition and loss of Irishnationality and citizenship shall be determined inaccordance with law.

3° No person may be excluded from Irishnationality and citizenship by reason of the sex ofsuch person.

2 Fidelity to the nation and loyalty to the State arefundamental political duties of all citizens.

ARTICLE 10

1 All natural resources, including the air and all formsof potential energy, within the jurisdiction of the

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Parliament and Government established by thisConstitution and all royalties and franchises withinthat jurisdiction belong to the State subject to allestates and interests therein for the time beinglawfully vested in any person or body.

2 All land and all mines, minerals and waters whichbelonged to Saorstát Éireann immediately beforethe coming into operation of this Constitutionbelong to the State to the same extent as they thenbelonged to Saorstát Éireann.

3 Provision may be made by law for the managementof the property which belongs to the State by virtueof this Article and for the control of the alienation,whether temporary or permanent, of that property.

4 Provision may also be made by law for themanagement of land, mines, minerals and watersacquired by the State after the coming intooperation of this Constitution and for the controlof the alienation, whether temporary or permanent,of the land, mines, minerals and waters so acquired.

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ARTICLE 11

All revenues of the State from whatever source arisingshall, subject to such exception as may be provided bylaw, form one fund, and shall be appropriated for thepurposes and in the manner and subject to the chargesand liabilities determined and imposed by law.

THE PRESIDENT

ARTICLE 12

1 There shall be a President of Ireland (Uachtaránna hÉireann), hereinafter called the President, whoshall take precedence over all other persons in theState and who shall exercise and perform thepowers and functions conferred on the Presidentby this Constitution and by law.

2 1° The President shall be elected by direct voteof the people.

2° Every citizen who has the right to vote at anelection for members of Dáil Éireann shall havethe right to vote at an election for President.

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3° The voting shall be by secret ballot and on thesystem of proportional representation by means ofthe single transferable vote.

3 1° The President shall hold office for seven yearsfrom 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 becomespermanently incapacitated, such incapacity beingestablished to the satisfaction of the Supreme Courtconsisting of not less than five judges.

2° A person who holds, or who has held, officeas President, shall be eligible for re-election to thatoffice once, but only once.

3° An election for the office of President shall beheld not later than, and not earlier than the sixtiethday before, the date of the expiration of the termof office of every President, but in the event of theremoval from office of the President or of his death,resignation, or permanent incapacity establishedas aforesaid (whether occurring before or after heenters upon his office), an election for the office ofPresident shall be held within sixty days after suchevent.

4 1° Every citizen who has reached his thirty-fifthyear of age is eligible for election to the office ofPresident.

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THE PRESIDENT


2° Every candidate for election, not a former orretiring President, must be nominated either by:

i not less than twenty persons, each of whomis at the time a member of one of the Housesof the Oireachtas, or

ii by the Councils of not less than fouradministrative Counties (including CountyBoroughs) as defined by law.

3° No person and no such Council shall beentitled to subscribe to the nomination of more thanone candidate in respect of the same election.

4° Former or retiring Presidents may becomecandidates on their own nomination.

5° Where only one candidate is nominated forthe office of President it shall not be necessary toproceed to a ballot for his election.

5 Subject to the provisions of this Article, electionsfor the office of President shall be regulated bylaw.

6 1° The President shall not be a member of eitherHouse of the Oireachtas.

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2° If a member of either House of the Oireachtasbe elected President, he shall be deemed to havevacated his seat in that House.

3° The President shall not hold any other officeor position of emolument.

7 The first President shall enter upon his office assoon as may be after his election, and every sub-sequent President shall enter upon his office on theday following the expiration of the term of officeof his predecessor or as soon as may be thereafteror, in the event of his predecessor’s removal fromoffice, death, resignation, or permanent incapacityestablished as provided by section 3 hereof, as soonas may be after the election.

8 The President shall enter upon his office by takingand subscribing publicly, in the presence ofmembers of both Houses of the Oireachtas, ofJudges of the Supreme Court and of the High Court,and other public personages, the followingdeclaration:

“In the presence of Almighty God I ,do solemnly and sincerely promise and declare thatI will maintain the Constitution of Ireland and

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uphold its laws, that I will fulfil my duties faithfullyand conscientiously in accordance with the Con-stitution and the law, and that I will dedicate myabilities to the service and welfare of the people ofIreland. May God direct and sustain me.”

9 The President shall not leave the State during histerm of office save with the consent of theGovernment.

10 1° The President may be impeached for statedmisbehaviour.

2° The charge shall be preferred by either of theHouses of the Oireachtas, subject to and inaccordance with the provisions of this section.

3° A proposal to either House of the Oireachtasto prefer a charge against the President under thissection shall not be entertained unless upon a noticeof motion in writing signed by not less than thirtymembers of that House.

4° No such proposal shall be adopted by eitherof the Houses of the Oireachtas save upon aresolution of that House supported by not less thantwo-thirds of the total membership thereof.

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5° When a charge has been preferred by eitherHouse of the Oireachtas, the other House shallinvestigate the charge, or cause the charge to beinvestigated.

6° The President shall have the right to appearand to be represented at the investigation of thecharge.

7° If, as a result of the investigation, a resolutionbe passed supported by not less than two-thirds ofthe total membership of the House of the Oireachtasby which the charge was investigated, or caused tobe investigated, declaring that the charge preferredagainst the President has been sustained and thatthe misbehaviour, the subject of the charge, was suchas to render him unfit to continue in office, suchresolution shall operate to remove the Presidentfrom his office.

11 1° The President shall have an official residencein or near the City of Dublin.

2° The President shall receive such emolumentsand allowances as may be determined by law.

3° The emoluments and allowances of the Presi-dent shall not be diminished during his term ofoffice.

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ARTICLE 13

1 1° The President shall, on the nomination of DáilÉireann, appoint the Taoiseach, that is, the head ofthe Government or Prime Minister.

2° The President shall, on the nomination of theTaoiseach with the previous approval of DáilÉireann, appoint the other members of the Govern-ment.

3° The President shall, on the advice of theTaoiseach, accept the resignation or terminate theappointment of any member of the Government.

2 1° Dáil Éireann shall be summoned and dissolvedby the President on the advice of the Taoiseach.

2° The President may in his absolute discretionrefuse to dissolve Dáil Éireann on the advice of aTaoiseach who has ceased to retain the support ofa majority in Dáil Éireann.

3° The President may at any time, after con-sultation with the Council of State, convene ameeting of either or both of the Houses of theOireachtas.

3 1° Every Bill passed or deemed to have beenpassed by both Houses of the Oireachtas shallrequire the signature of the President for itsenactment into law.

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2° The President shall promulgate every lawmade by the Oireachtas.

4 The supreme command of the Defence Forces ishereby vested in the President.

5 1° The exercise of the supreme command of theDefence Forces shall be regulated by law.

2° All commissioned officers of the DefenceForces shall hold their commissions from thePresident.

6 The right of pardon and the power to commute orremit punishment imposed by any court exercisingcriminal jurisdiction are hereby vested in thePresident, but such power of commutation orremission may, except in capital cases, also beconferred by law on other authorities.

7 1° The President may, after consultation with theCouncil of State, communicate with the Houses ofthe Oireachtas by message or address on any matterof national or public importance.

2° The President may, after consultation with theCouncil of State, address a message to the Nationat any time on any such matter.

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3° Every such message or address must, however,have received the approval of the Government.

8 1° The President shall not be answerable to eitherHouse of the Oireachtas or to any court for the exer-cise and performance of the powers and functionsof his office or for any act done or purporting to bedone by him in the exercise and performance ofthese powers and functions.

2° The behaviour of the President may, however,be brought under review in either of the Houses ofthe Oireachtas for the purposes of section 10 ofArticle 12 of this Constitution, or by any court,tribunal or body appointed or designated by eitherof the Houses of the Oireachtas for the investigationof a charge under section 10 of the said Article.

9 The powers and functions conferred on thePresident by this Constitution shall be exercisableand performable by him only on the advice of theGovernment, save where it is provided by this Con-stitution that he shall act in his absolute discretionor after consultation with or in relation to theCouncil of State, or on the advice or nominationof, or on receipt of any other communication from,any other person or body.

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THE PRESIDENT


10 Subject to this Constitution, additional powers andfunctions may be conferred on the President by law.

11 No power or function conferred on the Presidentby law shall be exercisable or performable by himsave only on the advice of the Government.

ARTICLE 14

1 In the event of the absence of the President, or histemporary incapacity, or his permanent incapacityestablished as provided by section 3 of Article 12hereof, or in the event of his death, resignation,removal from office, or failure to exercise andperform the powers and functions of his office orany of them, or at any time at which the office ofPresident may be vacant, the powers and functionsconferred on the President by or under thisConstitution shall be exercised and performed bya Commission constituted as provided in section 2of this Article.

2 1° The Commission shall consist of the followingpersons, namely, the Chief Justice, the Chairmanof Dáil Éireann (An Ceann Comhairle), and theChairman of Seanad Éireann.

2° The President of the High Court shall act as amember of the Commission in the place of the

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Chief Justice on any occasion on which the officeof Chief Justice is vacant or on which the ChiefJustice is unable to act.

3° The Deputy Chairman of Dáil Éireann shallact as a member of the Commission in the place ofthe Chairman of Dáil Éireann on any occasion onwhich the office of Chairman of Dáil Éireann isvacant or on which the said Chairman is unable toact.

4° The Deputy Chairman of Seanad Éireann shallact as a member of the Commission in the place ofthe Chairman of Seanad Éireann on any occasionon which the office of Chairman of Seanad Éireannis vacant or on which the said Chairman is unableto act.

3 The Commission may act by any two of theirnumber and may act notwithstanding a vacancy intheir membership.

4 The Council of State may by a majority of itsmembers make such provision as to them may seemmeet for the exercise and performance of thepowers and functions conferred on the Presidentby or under this Constitution in any contingencywhich is not provided for by the foregoing pro-visions of this Article.

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5 1° The provisions of this Constitution whichrelate to the exercise and performance by thePresident of the powers and functions conferredon him by or under this Constitution shall subjectto the subsequent provisions of this section applyto the exercise and performance of the said powersand functions under this Article.

2° In the event of the failure of the President toexercise or perform any power or function whichthe President is by or under this Constitutionrequired to exercise or perform within a specifiedtime, the said power or function shall be exercisedor performed under this Article, as soon as may beafter the expiration of the time so specified.

THE NATIONAL PARLIAMENT

CONSTITUTION AND POWERS

ARTICLE 15

1 1° The National Parliament shall be called andknown, and is in this Constitution generally referredto, as the Oireachtas.


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2° The Oireachtas shall consist of the Presidentand two Houses, viz.: a House of Representativesto be called Dáil Éireann and a Senate to be calledSeanad Éireann.

3° The Houses of the Oireachtas shall sit in ornear the City of Dublin or in such other place asthey may from time to time determine.

2 1° The sole and exclusive power of making lawsfor the State is hereby vested in the Oireachtas: noother legislative authority has power to make lawsfor the State.

2° Provision may however be made by law forthe creation or recognition of subordinatelegislatures and for the powers and functions ofthese legislatures.

3 1° The Oireachtas may provide for the establish-ment or recognition of functional or vocationalcouncils representing branches of the social andeconomic life of the people.

2° A law establishing or recognising any suchcouncil shall determine its rights, powers andduties, and its relation to the Oireachtas and to theGovernment.


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4 1° The Oireachtas shall not enact any law whichis in any respect repugnant to this Constitution orany provision thereof.

2° Every law enacted by the Oireachtas which isin any respect repugnant to this Constitution or toany provision thereof, shall, but to the extent onlyof such repugnancy, be invalid.

5 The Oireachtas shall not declare acts to beinfringements of the law which were not so at thedate of their commission.

6 1° The right to raise and maintain military orarmed forces is vested exclusively in the Oireachtas.

2° No military or armed force, other than amilitary or armed force raised and maintained bythe Oireachtas, shall be raised or maintained forany purpose whatsoever.

7 The Oireachtas shall hold at least one session everyyear.

8 1° Sittings of each House of the Oireachtas shallbe public.


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2° In cases of special emergency, however, eitherHouse may hold a private sitting with the assent oftwo-thirds of the members present.

9 1° Each House of the Oireachtas shall elect fromits members its own Chairman and DeputyChairman, and shall prescribe their powers andduties.

2° The remuneration of the Chairman and DeputyChairman of each House shall be determined by law.

10 Each House shall make its own rules and standingorders, with power to attach penalties for theirinfringement, and shall have power to ensurefreedom of debate, to protect its official documentsand the private papers of its members, and to protectitself and its members against any person or personsinterfering with, molesting or attempting to corruptits members in the exercise of their duties.

11 1° All questions in each House shall, save asotherwise provided by this Constitution, be deter-mined by a majority of the votes of the memberspresent and voting other than the Chairman orpresiding member.


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2° The Chairman or presiding member shall haveand exercise a casting vote in the case of an equalityof votes.

3° The number of members necessary toconstitute a meeting of either House for the exerciseof its powers shall be determined by its standingorders.

12 All official reports and publications of theOireachtas or of either House thereof and utterancesmade in either House wherever published shall beprivileged.

13 The members of each House of the Oireachtas shall,except in case of treason as defined in thisConstitution, felony or breach of the peace, beprivileged from arrest in going to and returningfrom, and while within the precincts of, eitherHouse, and shall not, in respect of any utterance ineither House, be amenable to any court or anyauthority other than the House itself.

14 No person may be at the same time a member ofboth Houses of the Oireachtas, and, if any personwho is already a member of either House becomesa member of the other House, he shall forthwithbe deemed to have vacated his first seat.


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15 The Oireachtas may make provision by law for thepayment of allowances to the members of eachHouse thereof in respect of their duties as publicrepresentatives and for the grant to them of freetravelling and such other facilities (if any) inconnection with those duties as the Oireachtas maydetermine.

DÁIL ÉIREANN

ARTICLE 16

1 1° Every citizen without distinction of sex whohas reached the age of twenty-one years, and whois not placed under disability or incapacity by thisConstitution or by law, shall be eligible formembership of Dáil Éireann.

2° i All citizens, and

ii such other persons in the State as may bedetermined by law,

without distinction of sex who have reached theage of eighteen years who are not disqualified bylaw and comply with the provisions of the lawrelating to the election of members of Dáil Éireann,shall have the right to vote at an election formembers of Dáil Éireann.


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3° No law shall be enacted placing any citizenunder disability or incapacity for membership ofDáil Éireann on the ground of sex or disqualifyingany citizen or other person from voting at anelection for members of Dáil Éireann on thatground.

4° No voter may exercise more than one vote atan election for Dáil Éireann, and the voting shallbe by secret ballot.

2 1° Dáil Éireann shall be composed of memberswho represent constituencies determined by law.

2° The number of members shall from time totime be fixed by law, but the total number ofmembers of Dáil Éireann shall not be fixed at lessthan one member for each thirty thousand of thepopulation, or at more than one member for eachtwenty thousand of the population.

3° The ratio between the number of members tobe elected at any time for each constituency andthe population of each constituency, as ascertainedat the last preceding census, shall, so far as it ispracticable, be the same throughout the country.


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4° The Oireachtas shall revise the constituenciesat least once in every twelve years, with due regardto changes in distribution of the population, butany alterations in the constituencies shall not takeeffect during the life of Dáil Éireann sitting whensuch revision is made.

5° The members shall be elected on the systemof proportional representation by means of thesingle transferable vote.

6° No law shall be enacted whereby the numberof members to be returned for any constituencyshall be less than three.

3 1° Dáil Éireann shall be summoned and dissolvedas provided by section 2 of Article 13 of thisConstitution.

2° A general election for members of DáilÉireann shall take place not later than thirty daysafter a dissolution of Dáil Éireann.

4 1° Polling at every general election for DáilÉireann shall as far as practicable take place onthe same day throughout the country.

2° Dáil Éireann shall meet within thirty days fromthat polling day.


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5 The same Dáil Éireann shall not continue for alonger period than seven years from the date of itsfirst meeting: a shorter period may be fixed by law.

6 Provision shall be made by law to enable themember of Dáil Éireann who is the Chairmanimmediately before a dissolution of Dáil Éireannto be deemed without any actual election to beelected a member of Dáil Éireann at the ensuinggeneral election.

7 Subject to the foregoing provisions of this Article,elections for membership of Dáil Éireann,including the filling of casual vacancies, shall beregulated in accordance with law.

ARTICLE 17

1 1° As soon as possible after the presentation toDáil Éireann under Article 28 of this Constitutionof the Estimates of receipts and the Estimates ofexpenditure of the State for any financial year, DáilÉireann shall consider such Estimates.

2° Save in so far as may be provided by specificenactment in each case, the legislation required togive effect to the Financial Resolutions of each yearshall be enacted within that year.


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2 Dáil Éireann shall not pass any vote or resolution,and no law shall be enacted, for the appropriationof revenue or other public moneys unless thepurpose of the appropriation shall have beenrecommended to Dáil Éireann by a message fromthe Government signed by the Taoiseach.

SEANAD ÉIREANN

ARTICLE 18

1 Seanad Éireann shall be composed of sixtymembers, of whom eleven shall be nominatedmembers and forty-nine shall be elected members.

2 A person to be eligible for membership of SeanadÉireann must be eligible to become a member ofDáil Éireann.

3 The nominated members of Seanad Éireann shallbe nominated, with their prior consent, by theTaoiseach who is appointed next after the re-assembly of Dáil Éireann following the dissolutionthereof which occasions the nomination of the saidmembers.

4 1° The elected members of Seanad Éireann shallbe elected as follows:—


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i Three shall be elected by the NationalUniversity of Ireland.

ii Three shall be elected by the University ofDublin.

iii Forty-three shall be elected from panels ofcandidates constituted as hereinafterprovided.

2° Provision may be made by law for the election,on a franchise and in the manner to be provided bylaw, by one or more of the following institutions,namely:

i the universities mentioned in subsection 1°of this section,

ii any other institutions of higher educationin the State,

of so many members of Seanad Éireann as may befixed by law in substitution for an equal number ofthe members to be elected pursuant to paragraphsi and ii of the said subsection 1°.

A member or members of Seanad Éireann may beelected under this subsection by institutionsgrouped together or by a single institution.


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3° Nothing in this Article shall be invoked toprohibit the dissolution by law of a universitymentioned in subsection 1° of this section.

5 Every election of the elected members of SeanadÉireann shall be held on the system of proportionalrepresentation by means of the single transferablevote, and by secret postal ballot.

6 The members of Seanad Éireann to be elected bythe Universities shall be elected on a franchise andin the manner to be provided by law.

7 1° Before each general election of the membersof Seanad Éireann to be elected from panels ofcandidates, five panels of candidates shall beformed in the manner provided by law containingrespectively the names of persons having knowl-edge and practical experience of the followinginterests and services, namely:–

i National Language and Culture, Literature,Art, Education and such professionalinterests as may be defined by law for thepurpose of this panel;

ii Agriculture and allied interests, andFisheries;

iii Labour, whether organised or unorganised;


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iv Industry and Commerce, including bank-ing, finance, accountancy, engineering andarchitecture;

v Public Administration and social services,including voluntary social activities.

2° Not more than eleven and, subject to theprovisions of Article 19 hereof, not less than fivemembers of Seanad Éireann shall be elected fromany one panel.

8 A general election for Seanad Éireann shall takeplace not later than ninety days after a dissolutionof Dáil Éireann, and the first meeting of SeanadÉireann after the general election shall take placeon a day to be fixed by the President on the adviceof the Taoiseach.

9 Every member of Seanad Éireann shall, unless hepreviously dies, resigns, or becomes disqualified,continue to hold office until the day before thepolling day of the general election for SeanadÉireann next held after his election or nomination.

10 1° Subject to the foregoing provisions of thisArticle elections of the elected members of SeanadÉireann shall be regulated by law.


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2° Casual vacancies in the number of the nom-inated members of Seanad Éireann shall be filledby nomination by the Taoiseach with the priorconsent of persons so nominated.

3° Casual vacancies in the number of the electedmembers of Seanad Éireann shall be filled in themanner provided by law.

ARTICLE 19

Provision may be made by law for the direct electionby any functional or vocational group or association orcouncil of so many members of Seanad Éireann as maybe fixed by such law in substitution for an equal numberof the members to be elected from the correspondingpanels of candidates constituted under Article 18 of thisConstitution.

LEGISLATION

ARTICLE 20

1 Every Bill initiated in and passed by Dáil Éireannshall be sent to Seanad Éireann and may, unless itbe a Money Bill, be amended in Seanad Éireannand Dáil Éireann shall consider any suchamendment.


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2 1° A Bill other than a Money Bill may be initiatedin Seanad Éireann, and if passed by SeanadÉireann, shall be introduced in Dáil Éireann.

2° A Bill initiated in Seanad Éireann if amendedin Dáil Éireann shall be considered as a Billinitiated in Dáil Éireann.

3 A Bill passed by either House and accepted by theother House shall be deemed to have been passedby both Houses.

Money Bills

ARTICLE 21

1 1° Money Bills shall be initiated in Dáil Éireannonly.

2° Every Money Bill passed by Dáil Éireann shallbe sent to Seanad Éireann for its recommendations.

2 1° Every Money Bill sent to Seanad Éireann forits recommendations shall, at the expiration of aperiod not longer than twenty-one days after it shallhave been sent to Seanad Éireann, be returned toDáil Éireann, which may accept or reject all or anyof the recommendations of Seanad Éireann.


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2° If such Money Bill is not returned by SeanadÉireann to Dáil Éireann within such twenty-onedays or is returned within such twenty-one dayswith recommendations which Dáil Éireann doesnot accept, it shall be deemed to have been passedby both Houses at the expiration of the said twenty-one days.

ARTICLE 22

1 1° A Money Bill means a Bill which containsonly provisions dealing with all or any of thefollowing matters, namely, the imposition, repeal,remission, alteration or regulation of taxation; theimposition for the payment of debt or otherfinancial purposes of charges on public moneys orthe variation or repeal of any such charges; supply;the appropriation, receipt, custody, issue or auditof accounts of public money; the raising orguarantee of any loan or the repayment thereof;matters subordinate and incidental to these mattersor any of them.

2° In this definition the expressions “taxation”,“public money” and “loan” respectively do notinclude any taxation, money or loan raised by localauthorities or bodies for local purposes.


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2. 1° The Chairman of Dáil Éireann shall certify anyBill which, in his opinion, is a Money Bill to be aMoney Bill, and his certificate shall, subject to thesubsequent provisions of this section, be final andconclusive.

2° Seanad Éireann, by a resolution, passed at asitting at which not less than thirty members arepresent, may request the President to refer thequestion whether the Bill is or is not a Money Billto a Committee of Privileges.

3° If the President after consultation with theCouncil of State decides to accede to the requesthe shall appoint a Committee of Privilegesconsisting of an equal number of members of DáilÉireann and of Seanad Éireann and a Chairmanwho shall be a Judge of the Supreme Court: theseappointments shall be made after consultation withthe Council of State. In the case of an equality ofvotes but not otherwise the Chairman shall beentitled to vote.

4° The President shall refer the question to theCommittee of Privileges so appointed and theCommittee shall report its decision thereon to thePresident within twenty-one days after the day onwhich the Bill was sent to Seanad Éireann.


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5° The decision of the Committee shall be finaland conclusive.

6° If the President after consultation with theCouncil of State decides not to accede to the requestof Seanad Éireann, or if the Committee ofPrivileges fails to report within the time herein-before specified the certificate of the Chairman ofDáil Éireann shall stand confirmed.

Time for Consideration of Bills

ARTICLE 23

1 This Article applies to every Bill passed by DáilÉireann and sent to Seanad Éireann other than aMoney Bill or a Bill the time for the considerationof which by Seanad Éireann shall have beenabridged under Article 24 of this Constitution.

1° Whenever a Bill to which this Article appliesis within the stated period defined in the nextfollowing sub-section either rejected by SeanadÉireann or passed by Seanad Éireann withamendments to which Dáil Éireann does not agreeor is neither passed (with or without amendment)nor rejected by Seanad Éireann within the statedperiod, the Bill shall, if Dáil Éireann so resolveswithin one hundred and eighty days after theexpiration of the stated period be deemed to have

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been passed by both Houses of the Oireachtas onthe day on which the resolution is passed.

2° The stated period is the period of ninety dayscommencing on the day on which the Bill is firstsent by Dáil Éireann to Seanad Éireann or anylonger period agreed upon in respect of the Bill byboth Houses of the Oireachtas.

2 1° The preceding section of this Article shallapply to a Bill which is initiated in and passed bySeanad Éireann, amended by Dáil Éireann, andaccordingly deemed to have been initiated in DáilÉireann.

2° For the purpose of this application the statedperiod shall in relation to such a Bill commenceon the day on which the Bill is first sent to SeanadÉireann after having been amended by DáilÉireann.

ARTICLE 24

1 If and whenever on the passage by Dáil Éireann ofany Bill, other than a Bill expressed to be a Billcontaining a proposal to amend the Constitution,the Taoiseach certifies by messages in writingaddressed to the President and to the Chairman ofeach House of the Oireachtas that, in the opinion


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of the Government, the Bill is urgent andimmediately necessary for the preservation of thepublic peace and security, or by reason of theexistence of a public emergency, whether domesticor international, the time for the consideration ofsuch Bill by Seanad Éireann shall, if Dáil Éireannso resolves and if the President, after consultationwith the Council of State, concurs, be abridged tosuch period as shall be specified in the resolution.

2 Where a Bill, the time for the consideration ofwhich by Seanad Éireann has been abridged underthis Article,

(a) is, in the case of a Bill which is not aMoney Bill, rejected by Seanad Éireannor passed by Seanad Éireann withamendments to which Dáil Éireann doesnot agree or neither passed nor rejectedby Seanad Éireann, or

(b) is, in the case of a Money Bill, eitherreturned by Seanad Éireann to DáilÉireann with recommendations whichDáil Éireann does not accept or is notreturned by Seanad Éireann to DáilÉireann,

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within the period specified in the resolution, theBill shall be deemed to have been passed by bothHouses of the Oireachtas at the expiration of thatperiod.

3 When a Bill the time for the consideration of whichby Seanad Éireann has been abridged under thisArticle becomes law it shall remain in force for aperiod of ninety days from the date of its enactmentand no longer unless, before the expiration of thatperiod, both Houses shall have agreed that suchlaw shall remain in force for a longer period andthe longer period so agreed upon shall have beenspecified in resolutions passed by both Houses.

Signing and Promulgation of Laws

ARTICLE 25

1 As soon as any Bill, other than a Bill expressed tobe a Bill containing a proposal for the amendmentof this Constitution, shall have been passed ordeemed to have been passed by both Houses of theOireachtas, the Taoiseach shall present it to thePresident for his signature and for promulgationby him as a law in accordance with the provisionsof this Article.

2 1° Save as otherwise provided by this Consti-tution, every Bill so presented to the President for

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his signature and for promulgation by him as a lawshall be signed by the President not earlier thanthe fifth and not later than the seventh day afterthe date on which the Bill shall have been presentedto him.

2° At the request of the Government, with theprior concurrence of Seanad Éireann, the Presidentmay sign any Bill the subject of such request on adate which is earlier than the fifth day after suchdate as aforesaid.

3 Every Bill the time for the consideration of whichby Seanad Éireann shall have been abridged underArticle 24 of this Constitution shall be signed bythe President on the day on which such Bill ispresented to him for signature and promulgationas a law.

4 1° Every Bill shall become and be law as on andfrom the day on which it is signed by the Presidentunder this Constitution, and shall, unless thecontrary intention appears, come into operation onthat day.

2° Every Bill signed by the President under thisConstitution shall be promulgated by him as a lawby the publication by his direction of a notice inthe Iris Oifigiúil stating that the Bill has becomelaw.


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3° Every Bill shall be signed by the President inthe text in which it was passed or deemed to havebeen passed by both Houses of the Oireachtas, andif a Bill is so passed or deemed to have been passedin both the official languages, the President shallsign the text of the Bill in each of those languages.

4° Where the President signs the text of a Bill inone only of the official languages, an officialtranslation shall be issued in the other officiallanguage.

5° As soon as may be after the signature andpromulgation of a Bill as a law, the text of suchlaw which was signed by the President or, wherethe President has signed the text of such law ineach of the official languages, both the signed textsshall be enrolled for record in the office of theRegistrar of the Supreme Court, and the text, orboth the texts, so enrolled shall be conclusiveevidence of the provisions of such law.

6° In case of conflict between the texts of a lawenrolled under this section in both the officiallanguages, the text in the national language shallprevail.

5 1° It shall be lawful for the Taoiseach, from timeto time as occasion appears to him to require, to


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cause to be prepared under his supervision a text(in both the official languages) of this Constitutionas then in force embodying all amendments there-tofore made therein.

2° A copy of every text so prepared, whenauthenticated by the signatures of the Taoiseachand the Chief Justice, shall be signed by thePresident and shall be enrolled for record in theoffice of the Registrar of the Supreme Court.

3° The copy so signed and enrolled which is forthe time being the latest text so prepared shall, uponsuch enrolment, be conclusive evidence of thisConstitution as at the date of such enrolment andshall for that purpose supersede all texts of thisConstitution of which copies were previously soenrolled.

4° In case of conflict between the texts of anycopy of this Constitution enrolled under thissection, the text in the national language shallprevail.


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Reference of Bills to the Supreme Court

ARTICLE 26

This Article applies to any Bill passed or deemed tohave been passed by both Houses of the Oireachtas otherthan a Money Bill, or a Bill expressed to be a Billcontaining a proposal to amend the Constitution, or aBill the time for the consideration of which by SeanadÉireann shall have been abridged under Article 24 ofthis Constitution.

1 1° The President may, after consultation with theCouncil of State, refer any Bill to which this Articleapplies to the Supreme Court for a decision on thequestion as to whether such Bill or any specifiedprovision or provisions of such Bill is or arerepugnant to this Constitution or to any provisionthereof.

2° Every such reference shall be made not laterthan the seventh day after the date on which suchBill shall have been presented by the Taoiseach tothe President for his signature.

3° The President shall not sign any Bill the subjectof a reference to the Supreme Court under thisArticle pending the pronouncement of the decisionof the Court.

2 1° The Supreme Court consisting of not less thanfive judges shall consider every question referred

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to it by the President under this Article for adecision, and, having heard arguments by or onbehalf of the Attorney General and by counselassigned by the Court, shall pronounce its decisionon such question in open court as soon as may be,and in any case not later than sixty days after thedate of such reference.

2° The decision of the majority of the judges ofthe Supreme Court shall, for the purposes of thisArticle, be the decision of the Court and shall bepronounced by such one of those judges as theCourt shall direct, and no other opinion, whetherassenting or dissenting, shall be pronounced norshall the existence of any such other opinion bedisclosed.

3 1° In every case in which the Supreme Courtdecides that any provision of a Bill the subject of areference to the Supreme Court under this Articleis repugnant to this Constitution or to any provisionthereof, the President shall decline to sign such Bill.

2° If, in the case of a Bill to which Article 27 ofthis Constitution applies, a petition has beenaddressed to the President under that Article, thatArticle shall be complied with.


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3° In every other case the President shall sign theBill as soon as may be after the date on which thedecision of the Supreme Court shall have beenpronounced.

Reference of Bills to the People

ARTICLE 27

This Article applies to any Bill, other than a Billexpressed to be a Bill containing a proposal for theamendment of this Constitution, which shall have beendeemed, by virtue of Article 23 hereof, to have beenpassed by both Houses of the Oireachtas.

1 A majority of the members of Seanad Éireann andnot less than one-third of the members of DáilÉireann may by a joint petition addressed to thePresident by them under this Article request thePresident to decline to sign and promulgate as alaw any Bill to which this article applies on theground that the Bill contains a proposal of suchnational importance that the will of the peoplethereon ought to be ascertained.

2 Every such petition shall be in writing and shall besigned by the petitioners whose signatures shallbe verified in the manner prescribed by law.


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3 Every such petition shall contain a statement ofthe particular ground or grounds on which therequest is based, and shall be presented to thePresident not later than four days after the date onwhich the Bill shall have been deemed to have beenpassed by both Houses of the Oireachtas.

4 1° Upon receipt of a petition addressed to himunder this Article, the President shall forthwithconsider such petition and shall, after consultationwith the Council of State, pronounce his decisionthereon not later than ten days after the date onwhich the Bill to which such petition relates shallhave been deemed to have been passed by bothHouses of the Oireachtas.

2° If the Bill or any provision thereof is or hasbeen referred to the Supreme Court under Article26 of this Constitution, it shall not be obligatoryon the President to consider the petition unless oruntil the Supreme Court has pronounced a decisionon such reference to the effect that the said Bill orthe said provision thereof is not repugnant to thisConstitution or to any provision thereof, and, if adecision to that effect is pronounced by theSupreme Court, it shall not be obligatory on thePresident to pronounce his decision on the petitionbefore the expiration of six days after the day onwhich the decision of the Supreme Court to theeffect aforesaid is pronounced.


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5 1° In every case in which the President decidesthat a Bill the subject of a petition under this Articlecontains a proposal of such national importancethat the will of the people thereon ought to beascertained, he shall inform the Taoiseach and theChairman of each House of the Oireachtasaccordingly in writing under his hand and Seal andshall decline to sign and promulgate such Bill as alaw unless and until the proposal shall have beenapproved either

i by the people at a Referendum in accord-ance with the provisions of section 2 ofArticle 47 of this Constitution within aperiod of eighteen months from the date ofthe President’s decision, or

ii by a resolution of Dáil Éireann passedwithin the said period after a dissolutionand re-assembly of Dáil Éireann.

2° Whenever a proposal contained in a Bill thesubject of a petition under this Article shall havebeen approved either by the people or by aresolution of Dáil Éireann in accordance with theforegoing provisions of this section, such Bill shallas soon as may be after such approval be presentedto the President for his signature and promulgationby him as a law and the President shall thereuponsign the Bill and duly promulgate it as a law.


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6 In every case in which the President decides that aBill the subject of a petition under this Article doesnot contain a proposal of such national importancethat the will of the people thereon ought to beascertained, he shall inform the Taoiseach and theChairman of each House of the Oireachtasaccordingly in writing under his hand and Seal,and such Bill shall be signed by the President notlater than eleven days after the date on which theBill shall have been deemed to have been passedby both Houses of the Oireachtas and shall be dulypromulgated by him as a law.

THE GOVERNMENT

ARTICLE 28

1 The Government shall consist of not less than sevenand not more than fifteen members who shall beappointed by the President in accordance with theprovisions of this Constitution.

2 The executive power of the State shall, subject tothe provisions of this Constitution, be exercisedby or on the authority of the Government.

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3 1° War shall not be declared and the State shallnot participate in any war save with the assent ofDáil Éireann.

2° In the case of actual invasion, however, theGovernment may take whatever steps they mayconsider necessary for the protection of the State,and Dáil Éireann if not sitting shall be summonedto meet at the earliest practicable date.

3° Nothing in this Constitution shall be invokedto invalidate any law enacted by the Oireachtaswhich is expressed to be for the purpose of securingthe public safety and the preservation of the Statein time of war or armed rebellion, or to nullify anyact done or purporting to be done in time of war orarmed rebellion in pursuance of any such law. Inthis sub-section “time of war” includes a time whenthere is taking place an armed conflict in whichthe State is not a participant but in respect of whicheach of the Houses of the Oireachtas shall haveresolved that, arising out of such armed conflict,a national emergency exists affecting the vitalinterests of the State and “time of war or armed rebel-lion” includes such time after the termination ofany war, or of any such armed conflict as aforesaid,or of an armed rebellion, as may elapse until eachof the Houses of the Oireachtas shall have resolvedthat the national emergency occasioned by such

THE GOVERNMENT

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war, armed conflict, or armed rebellion has ceasedto exist.

4 1° The Government shall be responsible to DáilÉireann.

2° The Government shall meet and act as a collec-tive authority, and shall be collectively responsiblefor the Departments of State administered by themembers of the Government.

3° The confidentiality of discussions at meetingsof the Government shall be respected in allcircumstances save only where the High Courtdetermines that disclosure should be made inrespect of a particular matter –

i in the interests of the administration ofjustice by a Court, or

ii by virtue of an overriding public interest,pursuant to an application in that behalf bya tribunal appointed by the Government ora Minister of the Government on theauthority of the Houses of the Oireachtasto inquire into a matter stated by them tobe of public importance.

THE GOVERNMENT

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4° The Government shall prepare Estimates ofthe Receipts and Estimates of the Expenditure ofthe State for each financial year, and shall presentthem to Dáil Éireann for consideration.

5 1° The head of the Government, or PrimeMinister, shall be called, and is in this Constitutionreferred to as, the Taoiseach.

2° The Taoiseach shall keep the Presidentgenerally informed on matters of domestic andinternational policy.

6 1° The Taoiseach shall nominate a member of theGovernment to be the Tánaiste.

2° The Tánaiste shall act for all purposes in theplace of the Taoiseach if the Taoiseach should die,or become permanently incapacitated, until a newTaoiseach shall have been appointed.

3° The Tánaiste shall also act for or in the placeof the Taoiseach during the temporary absence ofthe Taoiseach.

7 1° The Taoiseach, the Tánaiste and the memberof the Government who is in charge of theDepartment of Finance must be members of DáilÉireann.

THE GOVERNMENT

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2° The other members of the Government mustbe members of Dáil Éireann or Seanad Éireann,but not more than two may be members of SeanadÉireann.

8 Every member of the Government shall have theright to attend and be heard in each House of theOireachtas.

9 1° The Taoiseach may resign from office at anytime by placing his resignation in the hands of thePresident.

2° Any other member of the Government mayresign from office by placing his resignation in thehands of the Taoiseach for submission to thePresident.

3° The President shall accept the resignation of amember of the Government, other than theTaoiseach, if so advised by the Taoiseach.

4° The Taoiseach may at any time, for reasonswhich to him seem sufficient, request a member ofthe Government to resign; should the memberconcerned fail to comply with the request, hisappointment shall be terminated by the Presidentif the Taoiseach so advises.

10 The Taoiseach shall resign from office upon hisceasing to retain the support of a majority in Dáil

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Éireann unless on his advice the President dissolvesDáil Éireann and on the reassembly of Dáil Éireannafter the dissolution the Taoiseach secures thesupport of a majority in Dáil Éireann.

11 1° If the Taoiseach at any time resigns from officethe other members of the Government shall bedeemed also to have resigned from office, but theTaoiseach and the other members of theGovernment shall continue to carry on their dutiesuntil their successors shall have been appointed.

2° The members of the Government in office atthe date of a dissolution of Dáil Éireann shallcontinue to hold office until their successors shallhave been appointed.

12 The following matters shall be regulated inaccordance with law, namely, the organization of,and distribution of business amongst, Departmentsof State, the designation of members of theGovernment to be the Ministers in charge of thesaid Departments, the discharge of the functionsof the office of a member of the Government duringhis temporary absence or incapacity, and theremuneration of the members of the Government.

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LOCAL GOVERNMENT

ARTICLE 28A

1 The State recognises the role of local governmentin providing a forum for the democratic repre-sentation of local communities, in exercising andperforming at local level powers and functionsconferred by law and in promoting by its initiativesthe interests of such communities.

2 There shall be such directly elected local authoritiesas may be determined by law and their powersand functions shall, subject to the provisions ofthis Constitution, be so determined and shall beexercised and performed in accordance with law.

3 Elections for members of such local authoritiesshall be held in accordance with law not later thanthe end of the fifth year after the year in whichthey were last held.

4 Every citizen who has the right to vote at an electionfor members of Dáil Éireann and such other personsas may be determined by law shall have the rightto vote at an election for members of such of thelocal authorities referred to in section 2 of thisArticle as shall be determined by law.

5 Casual vacancies in the membership of localauthorities referred to in section 2 of this Articleshall be filled in accordance with law.

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INTERNATIONAL RELATIONS


ARTICLE 29

1 Ireland affirms its devotion to the ideal of peaceand friendly co-operation amongst nations foundedon international justice and morality.

2 Ireland affirms its adherence to the principle of thepacific settlement of international disputes byinternational arbitration or judicial determination.

3 Ireland accepts the generally recognised principlesof international law as its rule of conduct in itsrelations with other States.

4 1° The executive power of the State in or inconnection with its external relations shall inaccordance with Article 28 of this Constitution beexercised by or on the authority of the Government.

2° For the purpose of the exercise of anyexecutive function of the State in or in connectionwith its external relations, the Government may tosuch extent and subject to such conditions, if any,as may be determined by law, avail of or adopt anyorgan, instrument, or method of procedure used oradopted for the like purpose by the members ofany group or league of nations with which the Stateis or becomes associated for the purpose of

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international co-operation in matters of commonconcern.

3° The State may become a member of theEuropean Coal and Steel Community (establishedby Treaty signed at Paris on the 18th day of April,1951), the European Economic Community(established by Treaty signed at Rome on the 25thday of March, 1957) and the European AtomicEnergy Community (established by Treaty signedat Rome on the 25th day of March, 1957). The Statemay ratify the Single European Act (signed onbehalf of the Member States of the Communitiesat Luxembourg on the 17th day of February, 1986,and at the Hague on the 28th day of February,1986).

4° The State may ratify the Treaty on EuropeanUnion signed at Maastricht on the 7th day ofFebruary, 1992, and may become a member of thatUnion.

5° The State may ratify the Treaty of Amsterdamamending the Treaty on European Union, theTreaties establishing the European Communitiesand certain related Acts signed at Amsterdam onthe 2nd day of October, 1997.


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6° The State may exercise the options or dis-cretions provided by or under Articles 1.11, 2.5 and2.15 of the Treaty referred to in subsection 5° ofthis section and the second and fourth Protocolsset out in the said Treaty but any such exercise shallbe subject to the prior approval of both Houses ofthe Oireachtas.

7° No provision of this Constitution invalidateslaws enacted, acts done or measures adopted bythe State which are necessitated by the obligationsof membership of the European Union or of theCommunities, or prevents laws enacted, acts doneor measures adopted by the European Union or bythe Communities or by institutions thereof, or bybodies competent under the Treaties establishingthe Communities, from having the force of law inthe State.

8° The State may ratify the Agreement relatingto Community Patents drawn up between theMember States of the Communities and done atLuxembourg on the 15th day of December, 1989.

5 1° Every international agreement to which theState becomes a party shall be laid before DáilÉireann.


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2° The State shall not be bound by any inter-national agreement involving a charge upon publicfunds unless the terms of the agreement shall havebeen approved by Dáil Éireann.

3° This section shall not apply to agreements orconventions of a technical and adminstrativecharacter.

6 No international agreement shall be part of thedomestic law of the State save as may be deter-mined by the Oireachtas.

7 1° The State may consent to be bound by theBritish-Irish Agreement done at Belfast on the 10thday of April, 1998, hereinafter called the Agree-ment.

2° Any institution established by or under theAgreement may exercise the powers and functionsthereby conferred on it in respect of all or any partof the island of Ireland notwithstanding any otherprovision of this Constitution conferring a likepower or function on any person or any organ ofState appointed under or created or established byor under this Constitution. Any power or functionconferred on such an institution in relation to the


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settlement or resolution of disputes or controversiesmay be in addition to or in substitution for any likepower or function conferred by this Constitutionon any such person or organ of State as aforesaid.

8 The State may exercise extra-territorial jurisdictionin accordance with the generally recognisedprinciples of international law.

THE ATTORNEY GENERAL

ARTICLE 30

1 There shall be an Attorney General who shall bethe adviser of the Government in matters of lawand legal opinion, and shall exercise and performall such powers, functions and duties as areconferred or imposed on him by this Constitutionor by law.


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2 The Attorney General shall be appointed by thePresident on the nomination of the Taoiseach.

3 All crimes and offences prosecuted in any courtconstituted under Article 34 of this Constitutionother than a court of summary jurisdiction shall beprosecuted in the name of the People and at thesuit of the Attorney General or some other personauthorised in accordance with law to act for thatpurpose.

4 The Attorney General shall not be a member of theGovernment.

5 1° The Attorney General may at any time resignfrom office by placing his resignation in the handsof the Taoiseach for submission to the President.

2° The Taoiseach may, for reasons which to himseem sufficient, request the resignation of theAttorney General.

3° In the event of failure to comply with therequest, the appointment of the Attorney Generalshall be terminated by the President if the Taoiseachso advises.

4° The Attorney General shall retire from officeupon the resignation of the Taoiseach, but maycontinue to carry on his duties until the successorto the Taoiseach shall have been appointed.


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6 Subject to the foregoing provisions of this Article,the office of Attorney General, including theremuneration to be paid to the holder of the office,shall be regulated by law.

THE COUNCIL OF STATE

ARTICLE 31

1 There shall be a Council of State to aid and counselthe President on all matters on which the Presidentmay consult the said Council in relation to theexercise and performance by him of such of hispowers and functions as are by this Constitutionexpressed to be exercisable and performable afterconsultation with the Council of State, and toexercise such other functions as are conferred onthe said Council by this Constitution.

2 The Council of State shall consist of the followingmembers:

i As ex-officio members: the Taoiseach, theTánaiste, the Chief Justice, the Presidentof the High Court, the Chairman of Dáil


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Éireann, the Chairman of Seanad Éireann,and the Attorney General.

ii Every person able and willing to act as amember of the Council of State who shallhave held the office of President, or theoffice of Taoiseach, or the office of ChiefJustice, or the office of President of theExecutive Council of Saorstát Éireann.

iii Such other persons, if any, as may beappointed by the President under thisArticle to be members of the Council ofState.

3 The President may at any time and from time totime by warrant under his hand and Seal appointsuch other persons as, in his absolute discretion,he may think fit, to be members of the Council ofState, but not more than seven persons so appointedshall be members of the Council of State at thesame time.

4 Every member of the Council of State shall at thefirst meeting thereof which he attends as a membertake and subscribe a declaration in the followingform:

“In the presence of Almighty God I, ,do solemnly and sincerely promise and declare that


124


I will faithfully and conscientiously fulfil my dutiesas a member of the Council of State.”

5 Every member of the Council of State appointedby the President, unless he previously dies, resigns,becomes permanently incapacitated, or is removedfrom office, shall hold office until the successor ofthe President by whom he was appointed shall haveentered upon his office.

6 Any member of the Council of State appointed bythe President may resign from office by placinghis resignation in the hands of the President.

7 The President may, for reasons which to him seemsufficient, by an order under his hand and Seal,terminate the appointment of any member of theCouncil of State appointed by him.

8 Meetings of the Council of State may be convenedby the President at such times and places as he shalldetermine.

ARTICLE 32

The President shall not exercise or perform any of thepowers or functions which are by this Constitutionexpressed to be exercisable or performable by him after


126


consultation with the Council of State unless, and onevery occasion before so doing, he shall have conveneda meeting of the Council of State and the memberspresent at such meeting shall have been heard by him.

THE COMPTROLLER AND AUDITOR GENERAL

ARTICLE 33

1 There shall be a Comptroller and Auditor Generalto control on behalf of the State all disbursementsand to audit all accounts of moneys administeredby or under the authority of the Oireachtas.

2 The Comptroller and Auditor General shall beappointed by the President on the nomination ofDáil Éireann.

3 The Comptroller and Auditor General shall not bea member of either House of the Oireachtas andshall not hold any other office or position ofemolument.


128



4 The Comptroller and Auditor General shall reportto Dáil Éireann at stated periods as determined bylaw.

5 1° The Comptroller and Auditor General shall notbe removed from office except for statedmisbehaviour or incapacity, and then only uponresolutions passed by Dáil Éireann and by SeanadÉireann calling for his removal.

2° The Taoiseach shall duly notify the Presidentof any such resolutions as aforesaid passed by DáilÉireann and by Seanad Éireann and shall send hima copy of each such resolution certified by theChairman of the House of the Oireachtas by whichit shall have been passed.

3° Upon receipt of such notification and of copiesof such resolutions, the President shall forthwith,by an order under his hand and Seal, remove theComptroller and Auditor General from office.

6 Subject to the foregoing, the terms and conditionsof the office of Comptroller and Auditor Generalshall be determined by law.

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THE COURTS

ARTICLE 34

1 Justice shall be administered in courts establishedby law by judges appointed in the manner providedby this Constitution, and, save in such special andlimited cases as may be prescribed by law, shall beadministered in public.

2 The Courts shall comprise Courts of First Instanceand a Court of Final Appeal.

3 1° The Courts of First Instance shall include aHigh Court invested with full original jurisdictionin and power to determine all matters and questionswhether of law or fact, civil or criminal.

2° Save as otherwise provided by this Article, thejurisdiction of the High Court shall extend to thequestion of the validity of any law having regardto the provisions of this Constitution, and no suchquestion shall be raised (whether by pleading,argument or otherwise) in any Court establishedunder this or any other Article of this Constitutionother than the High Court or the Supreme Court.

3° No Court whatever shall have jurisdiction toquestion the validity of a law, or any provision of alaw, the Bill for which shall have been referred to

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the Supreme Court by the President under Article26 of this Constitution, or to question the validityof a provision of a law where the correspondingprovision in the Bill for such law shall have beenreferred to the Supreme Court by the Presidentunder the said Article 26.

4° The Courts of First Instance shall also includeCourts of local and limited jurisdiction with a rightof appeal as determined by law.

4 1° The Court of Final Appeal shall be called theSupreme Court.

2° The president of the Supreme Court shall becalled the Chief Justice.

3° The Supreme Court shall, with such exceptionsand subject to such regulations as may be pre-scribed by law, have appellate jurisdiction from alldecisions of the High Court, and shall also haveappellate jurisdiction from such decisions of othercourts as may be prescribed by law.

4° No law shall be enacted excepting from theappellate jurisdiction of the Supreme Court caseswhich involve questions as to the validity of anylaw having regard to the provisions of this Con-stitution.

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5° The decision of the Supreme Court on aquestion as to the validity of a law having regardto the provisions of this Constitution shall bepronounced by such one of the judges of that Courtas that Court shall direct, and no other opinion onsuch question, whether assenting or dissenting,shall be pronounced, nor shall the existence of anysuch other opinion be disclosed.

6° The decision of the Supreme Court shall in allcases be final and conclusive.

5 1° Every person appointed a judge under thisConstitution shall make and subscribe the follow-ing declaration:

“In the presence of Almighty God I, ,do solemnly and sincerely promise and declare thatI will duly and faithfully and to the best of myknowledge and power execute the office of ChiefJustice (or as the case may be) without fear orfavour, affection or ill-will towards any man, andthat I will uphold the Constitution and the laws.May God direct and sustain me.”

2° This declaration shall be made and subscribed bythe Chief Justice in the presence of the President,

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and by each of the other judges of the SupremeCourt, the judges of the High Court and the judgesof every other Court in the presence of the ChiefJustice or the senior available judge of the SupremeCourt in open court.

3° The declaration shall be made and subscribedby every judge before entering upon his duties assuch judge, and in any case not later than ten daysafter the date of his appointment or such later dateas may be determined by the President.

4° Any judge who declines or neglects to makesuch declaration as aforesaid shall be deemed tohave vacated his office.

ARTICLE 35

1 The judges of the Supreme Court, the High Courtand all other Courts established in pursuance ofArticle 34 hereof shall be appointed by thePresident.

2 All judges shall be independent in the exercise oftheir judicial functions and subject only to thisConstitution and the law.

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3 No judge shall be eligible to be a member of eitherHouse of the Oireachtas or to hold any other officeor position of emolument.

4 1° A judge of the Supreme Court or the HighCourt shall not be removed from office except forstated misbehaviour or incapacity, and then onlyupon resolutions passed by Dáil Éireann and bySeanad Éireann calling for his removal.

2° The Taoiseach shall duly notify the Presidentof any such resolutions passed by Dáil Éireann andby Seanad Éireann, and shall send him a copy ofevery such resolution certified by the Chairman ofthe House of the Oireachtas by which it shall havebeen passed.

3° Upon receipt of such notification and of copiesof such resolutions, the President shall forthwith,by an order under his hand and Seal, remove fromoffice the judge to whom they relate.

5 The remuneration of a judge shall not be reducedduring his continuance in office.

ARTICLE 36

Subject to the foregoing provisions of this Constitutionrelating to the Courts, the following matters shall beregulated in accordance with law, that is to say:—

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i the number of judges of the Supreme Court,and of the High Court, the remuneration,age of retirement and pensions of suchjudges,

ii the number of the judges of all other Courts,and their terms of appointment, and

iii the constitution and organization of the saidCourts, the distribution of jurisdiction andbusiness among the said Courts and judges,and all matters of procedure.

ARTICLE 37

1 Nothing in this Constitution shall operate toinvalidate the exercise of limited functions andpowers of a judicial nature, in matters other thancriminal matters, by any person or body of personsduly authorised by law to exercise such functionsand powers, notwithstanding that such person orsuch body of persons is not a judge or a courtappointed or established as such under thisConstitution.

2 No adoption of a person taking effect or expressedto take effect at any time after the coming intooperation of this Constitution under laws enactedby the Oireachtas and being an adoption pursuant

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to an order made or an authorisation given by anyperson or body of persons designated by those lawsto exercise such functions and powers was or shallbe invalid by reason only of the fact that suchperson or body of persons was not a judge or acourt appointed or established as such under thisConstitution.

TRIAL OF OFFENCES

ARTICLE 38

1 No person shall be tried on any criminal chargesave in due course of law.

2 Minor offences may be tried by courts of summaryjurisdiction.

3 1° Special courts may be established by law forthe trial of offences in cases where it may be deter-mined in accordance with such law that the ordinarycourts are inadequate to secure the effectiveadministration of justice, and the preservation ofpublic peace and order.

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2° The constitution, powers, jurisdiction andprocedure of such special courts shall be prescribedby law.

4 1° Military tribunals may be established for thetrial of offences against military law alleged to havebeen committed by persons while subject tomilitary law and also to deal with a state of war orarmed rebellion.

2° A member of the Defence Forces not on activeservice shall not be tried by any courtmartial orother military tribunal for an offence cognisableby the civil courts unless such offence is withinthe jurisdiction of any courtmartial or other militarytribunal under any law for the enforcement ofmilitary discipline.

5 Save in the case of the trial of offences undersection 2, section 3 or section 4 of this Article noperson shall be tried on any criminal charge withouta jury.

6 The provisions of Articles 34 and 35 of thisConstitution shall not apply to any court or tribunalset up under section 3 or section 4 of this Article.

TRIAL OF OFFENCES

146

ARTICLE 39

Treason shall consist only in levying war against theState, or assisting any State or person or inciting orconspiring with any person to levy war against the State,or attempting by force of arms or other violent meansto overthrow the organs of government established bythis Constitution, or taking part or being concerned inor inciting or conspiring with any person to make or totake part or be concerned in any such attempt.

FUNDAMENTAL RIGHTS

PERSONAL RIGHTS

ARTICLE 40

1 All citizens shall, as human persons, be held equalbefore the law.

This shall not be held to mean that the State shallnot in its enactments have due regard to differencesof capacity, physical and moral, and of socialfunction.

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2 1° Titles of nobility shall not be conferred by theState.

2° No title of nobility or of honour may beaccepted by any citizen except with the priorapproval of the Government.

3 1° The State guarantees in its laws to respect, and,as far as practicable, by its laws to defend andvindicate the personal rights of the citizen.

2° The State shall, in particular, by its laws protectas best it may from unjust attack and, in the caseof injustice done, vindicate the life, person, goodname, and property rights of every citizen.

3° The State acknowledges the right to life of theunborn and, with due regard to the equal right tolife of the mother, guarantees in its laws to respect,and, as far as practicable, by its laws to defend andvindicate that right.

This subsection shall not limit freedom to travelbetween the State and another state.

This subsection shall not limit freedom to obtainor make available, in the State, subject to such

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conditions as may be laid down by law, informationrelating to services lawfully available in anotherstate.

4 1° No citizen shall be deprived of his personalliberty save in accordance with law.

2° Upon complaint being made by or on behalfof any person to the High Court or any judge thereofalleging that such person is being unlawfullydetained, the High Court and any and every judgethereof to whom such complaint is made shallforthwith enquire into the said complaint and mayorder the person in whose custody such person isdetained to produce the body of such person beforethe High Court on a named day and to certify inwriting the grounds of his detention, and the HighCourt shall, upon the body of such person beingproduced before that Court and after giving theperson in whose custody he is detained anopportunity of justifying the detention, order therelease of such person from such detention unlesssatisfied that he is being detained in accordancewith the law.

3° Where the body of a person alleged to beunlawfully detained is produced before the HighCourt in pursuance of an order in that behalf madeunder this section and that Court is satisfied that

FUNDAMENTAL RIGHTS

152

FUNDAMENTAL RIGHTS


such person is being detained in accordance with alaw but that such law is invalid having regard tothe provisions of this Constitution, the High Courtshall refer the question of the validity of such lawto the Supreme Court by way of case stated andmay, at the time of such reference or at any timethereafter, allow the said person to be at liberty onsuch bail and subject to such conditions as the HighCourt shall fix until the Supreme Court hasdetermined the question so referred to it.

4° The High Court before which the body of aperson alleged to be unlawfully detained is to beproduced in pursuance of an order in that behalfmade under this section shall, if the President ofthe High Court or, if he is not available, the seniorjudge of that Court who is available so directs inrespect of any particular case, consist of threejudges and shall, in every other case, consist ofone judge only.

5° Where an order is made under this section bythe High Court or a judge thereof for the productionof the body of a person who is under sentence ofdeath, the High Court or such judge thereof shallfurther order that the execution of the said sentence

154


of death shall be deferred until after the body ofsuch person has been produced before the HighCourt and the lawfulness of his detention has beendetermined and if, after such deferment, the deten-tion of such person is determined to be lawful, theHigh Court shall appoint a day for the executionof the said sentence of death and that sentence shallhave effect with the substitution of the day soappointed for the day originally fixed for theexecution thereof.

6° Nothing in this section, however, shall beinvoked to prohibit, control, or interfere with anyact of the Defence Forces during the existence of astate of war or armed rebellion.

7° Provision may be made by law for the refusalof bail by a court to a person charged with a seriousoffence where it is reasonably considered necessaryto prevent the commission of a serious offence bythat person.

5 The dwelling of every citizen is inviolable and shallnot be forcibly entered save in accordance with law.

6 1° The State guarantees liberty for the exerciseof the following rights, subject to public order andmorality:—

FUNDAMENTAL RIGHTS

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i The right of the citizens to express freelytheir convictions and opinions.

The education of public opinion being,however, a matter of such grave import tothe common good, the State shall endeavourto ensure that organs of public opinion, suchas the radio, the press, the cinema, whilepreserving their rightful liberty of expres-sion, including criticism of Governmentpolicy, shall not be used to underminepublic order or morality or the authority ofthe State.

The publication or utterance of blas-phemous, seditious, or indecent matter isan offence which shall be punishable inaccordance with law.

ii The right of the citizens to assemble peace-ably and without arms.

Provision may be made by law to preventor control meetings which are determinedin accordance with law to be calculated tocause a breach of the peace or to be a dangeror nuisance to the general public and toprevent or control meetings in the vicinityof either House of the Oireachtas.

FUNDAMENTAL RIGHTS

158


iii The right of the citizens to form associationsand unions.

Laws, however, may be enacted for theregulation and control in the public interestof the exercise of the foregoing right.

2° Laws regulating the manner in which the rightof forming associations and unions and the rightof free assembly may be exercised shall containno political, religious or class discrimination.

THE FAMILY

ARTICLE 41

1 1° The State recognises the Family as the naturalprimary and fundamental unit group of Society, andas a moral institution possessing inalienable andimprescriptible rights, antecedent and superior toall positive law.

2° The State, therefore, guarantees to protect theFamily in its constitution and authority, as thenecessary basis of social order and as indispensableto the welfare of the Nation and the State.

FUNDAMENTAL RIGHTS

160


2 1° In particular, the State recognises that by herlife within the home, woman gives to the State asupport without which the common good cannotbe achieved.

2° The State shall, therefore, endeavour to ensurethat mothers shall not be obliged by economicnecessity to engage in labour to the neglect of theirduties in the home.

3 1° The State pledges itself to guard with specialcare the institution of Marriage, on which theFamily is founded, and to protect it against attack.

2° A Court designated by law may grant adissolution of marriage where, but only where, itis satisfied that –

i at the date of the institution of theproceedings, the spouses have lived apartfrom one another for a period of, or periodsamounting to, at least four years during theprevious five years,

ii there is no reasonable prospect of a recon-ciliation between the spouses,

iii such provision as the Court considersproper having regard to the circumstances

FUNDAMENTAL RIGHTS

162


exists or will be made for the spouses, anychildren of either or both of them and anyother person prescribed by law, and

iv any further conditions prescribed by laware complied with.

3° No person whose marriage has been dissolvedunder the civil law of any other State but is asubsisting valid marriage under the law for the timebeing in force within the jurisdiction of theGovernment and Parliament established by thisConstitution shall be capable of contracting a validmarriage within that jurisdiction during the lifetimeof the other party to the marriage so dissolved.

EDUCATION

ARTICLE 42

1 The State acknowledges that the primary andnatural educator of the child is the Family andguarantees to respect the inalienable right and dutyof parents to provide, according to their means, forthe religious and moral, intellectual, physical andsocial education of their children.

FUNDAMENTAL RIGHTS

164


2 Parents shall be free to provide this education intheir homes or in private schools or in schoolsrecognised or established by the State.

3 1° The State shall not oblige parents in violationof their conscience and lawful preference to sendtheir children to schools established by the State,or to any particular type of school designated bythe State.

2° The State shall, however, as guardian of thecommon good, require in view of actual conditionsthat the children receive a certain minimumeducation, moral, intellectual and social.

4 The State shall provide for free primary educationand shall endeavour to supplement and givereasonable aid to private and corporate educationalinitiative, and, when the public good requires it,provide other educational facilities or institutionswith due regard, however, for the rights of parents,especially in the matter of religious and moralformation.

5 In exceptional cases, where the parents for physicalor moral reasons fail in their duty towards theirchildren, the State as guardian of the common good,by appropriate means shall endeavour to supply

FUNDAMENTAL RIGHTS

166


the place of the parents, but always with due regardfor the natural and imprescriptible rights of thechild.

PRIVATE PROPERTY

ARTICLE 43

1 1° The State acknowledges that man, in virtue ofhis rational being, has the natural right, antecedentto positive law, to the private ownership of externalgoods.

2° The State accordingly guarantees to pass nolaw attempting to abolish the right of privateownership or the general right to transfer, bequeath,and inherit property.

2 1° The State recognises, however, that theexercise of the rights mentioned in the foregoingprovisions of this Article ought, in civil society, tobe regulated by the principles of social justice.

2° The State, accordingly, may as occasionrequires delimit by law the exercise of the saidrights with a view to reconciling their exercise withthe exigencies of the common good.

FUNDAMENTAL RIGHTS

168

RELIGION

ARTICLE 44

1 The State acknowledges that the homage of publicworship is due to Almighty God. It shall hold HisName in reverence, and shall respect and honourreligion.

2 1° Freedom of conscience and the free professionand practice of religion are, subject to public orderand morality, guaranteed to every citizen.

2° The State guarantees not to endow anyreligion.

3° The State shall not impose any disabilities ormake any discrimination on the ground of religiousprofession, belief or status.

4° Legislation providing State aid for schoolsshall not discriminate between schools under themanagement of different religious denominations,nor be such as to affect prejudicially the right ofany child to attend a school receiving public moneywithout attending religious instruction at thatschool.

FUNDAMENTAL RIGHTS

170


5° Every religious denomination shall have theright to manage its own affairs, own, acquire andadminister property, movable and immovable, andmaintain institutions for religious or charitablepurposes.

6° The property of any religious denominationor any educational institution shall not be divertedsave for necessary works of public utility and onpayment of compensation.

DIRECTIVE PRINCIPLES OF SOCIAL POLICY

ARTICLE 45

The principles of social policy set forth in this Articleare intended for the general guidance of the Oireachtas.The application of those principles in the making oflaws shall be the care of the Oireachtas exclusively,and shall not be cognisable by any Court under any ofthe provisions of this Constitution.


172


1 The State shall strive to promote the welfare of thewhole people by securing and protecting aseffectively as it may a social order in which justiceand charity shall inform all the institutions of thenational life.

2 The State shall, in particular, direct its policytowards securing:—

i That the citizens (all of whom, men andwomen equally, have the right to anadequate means of livelihood) may throughtheir occupations find the means of makingreasonable provision for their domesticneeds.

ii That the ownership and control of thematerial resources of the community maybe so distributed amongst privateindividuals and the various classes as bestto subserve the common good.

iii That, especially, the operation of freecompetition shall not be allowed so todevelop as to result in the concentration ofthe ownership or control of essentialcommodities in a few individuals to thecommon detriment.


174


iv That in what pertains to the control of creditthe constant and predominant aim shall bethe welfare of the people as a whole.

v That there may be established on the landin economic security as many families asin the circumstances shall be practicable.

3 1° The State shall favour and, where necessary,supplement private initiative in industry andcommerce.

2° The State shall endeavour to secure that privateenterprise shall be so conducted as to ensurereasonable efficiency in the production anddistribution of goods and as to protect the publicagainst unjust exploitation.

4 1° The State pledges itself to safeguard withespecial care the economic interests of the weakersections of the community, and, where necessary,to contribute to the support of the infirm, the widow,the orphan, and the aged.

2° The State shall endeavour to ensure that thestrength and health of workers, men and women,and the tender age of children shall not be abusedand that citizens shall not be forced by economicnecessity to enter avocations unsuited to their sex,age or strength.


176

AMENDMENT OF THE CONSTITUTION

ARTICLE 46

1 Any provision of this Constitution may beamended, whether by way of variation, addition,or repeal, in the manner provided by this Article.

2 Every proposal for an amendment of this Con-stitution shall be initiated in Dáil Éireann as a Bill,and shall upon having been passed or deemed tohave been passed by both Houses of the Oireachtas,be submitted by Referendum to the decision of thepeople in accordance with the law for the timebeing in force relating to the Referendum.

3 Every such Bill shall be expressed to be “An Actto amend the Constitution”.

4 A Bill containing a proposal or proposals for theamendment of this Constitution shall not containany other proposal.

5 A Bill containing a proposal for the amendment ofthis Constitution shall be signed by the Presidentforthwith upon his being satisfied that theprovisions of this Article have been complied within respect thereof and that such proposal has beenduly approved by the people in accordance with

AMENDMENT OF THE CONSTITUTION

178


the provisions of section 1 of Article 47 of thisConstitution and shall be duly promulgated by thePresident as a law.

THE REFERENDUM

ARTICLE 47

1 Every proposal for an amendment of thisConstitution which is submitted by Referendumto the decision of the people shall, for the purposeof Article 46 of this Constitution, be held to havebeen approved by the people, if, upon having beenso submitted, a majority of the votes cast at suchReferendum shall have been cast in favour of itsenactment into law.

2 1° Every proposal, other than a proposal to amendthe Constitution, which is submitted byReferendum to the decision of the people shall beheld to have been vetoed by the people if a majorityof the votes cast at such Referendum shall havebeen cast against its enactment into law and if thevotes so cast against its enactment into law shallhave amounted to not less than thirty-three and one-third per cent. of the voters on the register.

THE REFERENDUM

180


2° Every proposal, other than a proposal to amendthe Constitution, which is submitted byReferendum to the decision of the people shall forthe purposes of Article 27 hereof be held to havebeen approved by the people unless vetoed by themin accordance with the provisions of the foregoingsub-section of this section.

3 Every citizen who has the right to vote at an electionfor members of Dáil Éireann shall have the rightto vote at a Referendum.

4 Subject as aforesaid, the Referendum shall beregulated by law.

REPEAL OF CONSTITUTION OF SAORSTÁTÉIREANN AND CONTINUANCE OF LAWS

ARTICLE 48

The Constitution of Saorstát Éireann in forceimmediately prior to the date of the coming intooperation of this Constitution and the Constitution ofthe Irish Free State (Saorstát Éireann) Act, 1922, in sofar as that Act or any provision thereof is then in forceshall be and are hereby repealed as on and from thatdate.

REPEAL OF CONSTITUTION OF SAORSTÁT ÉIREANN AND CONTINUANCE OF LAWS

182

ARTICLE 49

1 All powers, functions, rights and prerogativeswhatsoever exercisable in or in respect of SaorstátÉireann immediately before the 11th day ofDecember, 1936, whether in virtue of theConstitution then in force or otherwise, by theauthority in which the executive power of SaorstátÉireann was then vested are hereby declared tobelong to the people.

2 It is hereby enacted that, save to the extent to whichprovision is made by this Constitution or mayhereafter be made by law for the exercise of anysuch power, function, right or prerogative by anyof the organs established by this Constitution, thesaid powers, functions, rights and prerogatives shallnot be exercised or be capable of being exercisedin or in respect of the State save only by or on theauthority of the Government.

3 The Government shall be the successors of theGovernment of Saorstát Éireann as regards allproperty, assets, rights and liabilities.

ARTICLE 50

1 Subject to this Constitution and to the extent towhich they are not inconsistent therewith, the lawsin force in Saorstát Éireann immediately prior tothe date of the coming into operation of this


184


Constitution shall continue to be of full force andeffect until the same or any of them shall have beenrepealed or amended by enactment of theOireachtas.

2 Laws enacted before, but expressed to come intoforce after, the coming into operation of thisConstitution, shall, unless otherwise enacted by theOireachtas, come into force in accordance with theterms thereof.

Dochum Glóire Dé

agus

Onóra na hÉireann


INDEX

211

INDEX

Note Page numbers are not used in this index:numbers relate to the Articles of the Constitution.Words which are capitalised in the text of theConstitution are capitalised in the index.

accountancySeanad Éireann election panel 18.7.1º

adoptionadoption orders 37.2

aged and infirmsupport of 45.4.1º

Agreement, British-Irish: see British-Irish Agreementagreements

international 29.5, 29.6Agriculture

Seanad Éireann election panel, 18.7.1ºair: see natural resourcesAmsterdam, Treaty 29.4.5º, 29.4.6ºappellate jurisdiction: see courtsappropriation

Money Bills: see Money Billspurpose of 17.2revenues of the State 11

architectureSeanad Éireann election panel 18.7.1º

armed forces: see military or armed forces. See also DefenceForces

armed rebellion: see rebellion, armedarrest

members of the Houses of the Oireachtas 15.13Art

Seanad Éireann election panel 18.7.1ºassembly, right of: see citizens; freedom of assemblyassociations and unions: see citizens; freedom of associationAttorney General

appointment 30Bills referred to Supreme Court 26.2.1º

INDEX

212

Council of State: see Council of Statefunctions 30.1Government membership 30.4prosecution of crimes and offences 30.3remuneration 30.6resignation or termination of appointment 30.5

bail 40.4.3º, 40.4.7ºballot

Dáil Éireann elections 16.1.4ºpresidential election 12.2.3º, 12.4.5ºSeanad Éireann elections 18.5

bankingSeanad Éireann election panel 18.7.1º

Belfast, Agreement: see British-Irish AgreementBills

Constitution: see ConstitutionCouncil of State: see Council of StateDáil Éireann: see Dáil ÉireannHouses of the Oireachtas: see Oireachtas, Houses oflaws: enactment 13.3.1º, 25.4.1º; promulgation 25.4.2ºMoney Bills: see Money Billspetitions against signature of 27reference to the people 27Seanad Éireann: see Seanad Éireannsignature of: see President of Irelandstated period for consideration of 23Supreme Court: see Supreme Courttext, official translation 25.4.4ºurgent 24

blasphemypublication or utterance 40.6.1º

British-Irish Agreement 29.7Ceann Comhairle, An (Chairman of Dáil Éireann): see Dáil

Éireanncensus

constituencies, population of 16.2.3ºChairman of Dáil Éireann (An Ceann Comhairle): see Dáil

ÉireannChairman of Seanad Éireann: see Seanad Éireann

INDEX

213

Chief JusticeCommission during absence, etc. of President of Ireland

14.2.1º, 14.2.2ºConstitution, text of 25.5.2ºCouncil of State: see Council of Statedeclaration: 34.5.1º, 34.5.2º; judges 34.5.2ºSupreme Court, president of 34.4.2º

childrendissolution of marriage 41.3.2ºeducation: 42.2, 42.3.2º, 44.2.4º; parent’s duty 42.1, 42.3.1º;

State provision 42.4employment of 45.4.2ºState guardianship 42.5

cinemapublic order and morality 40.6.1º

citizensassembly and associations 40.6Dáil Éireann membership and vote 16.1dwellings, inviolability of 40.5entitlement to be part of the Irish nation 2freedom of conscience 44.2.1ºfreedom of expression of opinions 40.6.1ºfundamental political duties of 9.2economic necessity of 45.4.2ºelection for President 12.2.2º, 12.4.1ºequality before law 40.1liberty of the person 40.4personal rights of 40.3right to adequate means of livelihood 45.2right to private property 43.1right to vote at Referendum 47.3right to vote for local authorities 28Aof Saorstát Éireann 9.1.1ºtitles of nobility 40.2

citizenship and nationalityacquisition of 2, 9.1.2º, 9.1.3ºBritish-Irish Agreement 29.7Saorstát Éireann citizens 9.1.1º

collective responsibility 28.4.2º

INDEX

214

Commerce: see Industry and CommerceCommission during absence or incapacity of President of Ireland

functions 14.1personnel 14.2quorum 14.3

Committee of Privilegesappointment 22.2.3ºfinality of decision of 22.2.5ºreport of 22.2.4º, 22.2.6ºwhether a Bill is or is not a Money Bill 22.2

common good, thepreamble, 6.1, 41.2.1º, 42.3.2º, 42.5, 43.2.2º,45.2

Comptroller and Auditor Generalappointment 33.2Dáil Éireann, reports to 33.4public moneys, disbursements and audits 33.1removal 33.5

conscience, freedom of: see citizens; freedom of conscienceconstituencies

Dáil Éireann 16.2Constitution

adoption ofpreambleBills amending 24.1, 25.1, 26, 46, 47.1British-Irish Agreement 29.7declaration by President to maintan 12.8enrolled copy of: preparation, authentication and enrolment

25; text in national language prevails 25.5.4ºexercise of powers of government 6.2, 49.2judges and upholding of 34.5.1ºjudicial functions by authorised persons 37laws: enacted prior to date of 50.2; invalid to extent of

repugnancy to 15.4; necessary during time of war orarmed rebellion 28.3.3º; validity of 34.3, 34.4, 40.4.3º

Referendum 46, 47.1Saorstat Éireann: see Saorstát Éireanntext of 25.5See also courts; High Court; Supreme Court

Constitution of Saorstát Éireann: see Saorstát Éireann

INDEX

215

Council of StateBills: Money 22.2.3º, 22.2.6º; petition against signature

27.4.1º; reference to Supreme Court 26.1.1º, 26.1.2º;urgent 24.1

constitution of 31meetings 31.8, 32members appointed: period of office 31.5; resignation 31.6;

termination of appointment 31.7members’ declaration 31.4President of Ireland: convening Houses of Oireachtas 13.2.3º;

message to Houses of Oireachtas 13.7.1º; message toNation 13.7.2º; powers and functions of 13.9, 14.4, 31.1,32

County Councilsnomination of presidential candidates 12.4.2º, 12.4.3º

courtmartial: see military tribunalscourts

appellate jurisdiction 34.3, 34.4constitution and organisation 36crimes and offences, prosecution of 30.3dissolution of marriage 41.3.2ºFinal Appeal, Court of 34.2, 34.4.1ºFirst Instance, Court of 34.2, 34.3.1º, 34.3.4ºjustice, administration of 34.1law, validity of: see Constitutionmilitary tribunals and courtsmartial 38.4, 38.6pardon, right of 13.6President of Ireland in relation to 13.8punishment, power to commute or remit 13.6refusal of bail 40.4.7ºsocial policy 45special courts, power to establish 38.3, 38.6See also High Court; judges; Supreme Court

creditcontrol of 45.2

crimes and offencesAttorney General, prosecution by 30.3jury, criminal charges before 38.5law, trial by 38.1

INDEX

216

military tribunals 38.4minor offences, trial of 38.2pardon, right of 13.6punishment, power to commute or remit 13.6special courts 38.3treason, definition of 39

Culture: see LanguageDáil Éireann

agreements, international 29.5, 29.6appropriation of revenue or other public moneys 17.2Bills: amendment of Constitution 46; held up in Seanad

Éireann 23; initiated in and passed by Dáil Éireann 20.1;initiated in and passed by Seanad Éireann 20.2.1º, 23.2.1º;initiated in Seanad Éireann and amended by Dáil Éireann20.2.2º; Money: see Money Bills; petition against sig-nature of 27; urgent 24

casual vacancies 16.7Chairman: Money Bills 22.2.1º, 22.2.6º; Bills petitioned

against 27.5.1º, 27.6; urgent Bills 24.1; casting vote15.11.2º; Ceann Comhairle, An 14.2.1º; Commissionduring absence, etc. of President 14.2.1º, 14.2.3º; Councilof State 31.2; election as member 16.6; election tooffice 15.9.1º; removal of judges 35.4.1º; remuner-ation 15.9.2º

Committee of Privileges: see Committee of PrivilegesComptroller and Auditor General: see Comptroller and

Auditor Generalconstituencies 16.2Deputy Chairman: Commission during absence, etc. of

President 14.2.3º; election to office 15.9.1º; remuner-ation 15.9.2

dissolution and summoning of 13.2.1º, 13.2.2º, 16.3, 28.10duration of 16.5election: casual vacancies 16.7; eligibility for 16.1; first

meeting after polling day 16.4.2º; general 16.3.2º,16.4.1º; polling 16.4.1º; voting 16.1, 16.2.5º

Estimates of receipts and expenditure 17.1.1º, 28.4.4ºFinancial Resolutions 17.1.2ºGovernment: see Government

INDEX

217

House of Representatives 15.1.2ºinvasion 28.3.2ºlaws: constituencies 16.2.6; revenue or other public moneys

17.2; sex disqualification 16.1.3ºmembership of 16.1, 16.2, 16.6, 16.7, 28.7Oireachtas, House of 15.1.2ºremoval of judges 35.4summoning: see dissolution and summoning aboveTaoiseach: nomination of 13.1.1º; resignation of 28.10,

28.11.2ºwar, assent to 28.3

death sentence 40.4.5ºdebt: see Money BillsDefence Forces

commissions 13.5.2ºcourtsmartial 38.4.2ºsupreme command of 13.4, 13.5.1ºwar, during time of 40.4.6ºSee also military or armed forces

democracyaffirmation of 5

Departments of State: see Statediscrimination, political, religious or class 40.6.2º, 44.2.3º, 44.2.4ºdissolution of marriage 41.3.2ºDublin City

Houses of Oireachtas, sittings 15.1.3ºPresident’s official residence 12.11.1º

Dublin UniversitySeanad Éireann members 18.4.1º, 18.4.2º, 18.6

dwellinginviolability of 40.5

educationeducational institutions, property of 44.2.6ºfamily rights 42primary 42.4Seanad Éireann election panel 18.7.1ºSee also children, parents

Éire: see Irelandequality before the law 40.1

INDEX

218

elections: see Dáil Éireann; President of Ireland; Seanad Éireann;local authorities

emergency: see Oireachtas, Houses ofenergy: see natural resourcesengineering

Seanad Éireann election panel 18.7.1ºEnglish language 8.2, 8.3enrolled text of Constitution 25.5Estimates of receipts and expenditure

consideration by Dáil Éireann 17.1.1º, 28.4.4ºEuropean Communities: Ireland’s membership 29.4.3ºEuropean Union

Amsterdam Treaty 29.4.5º, 29.4.6ºlaws, arising from membership of 29.4.7ºMaastricht Treaty 29.4.4º

Executive Power: see GovernmentExternal Relations: see International RelationsFamily

children, education of 42.1Marriage, protection of 41.3mothers, employment of 41.2.2ºSociety, unit group of 41.1.1ºState, protection of 41.1.2ºwoman’s life within the home, recognition of 41.2

Final Appeal, Court of: see Courts; Supreme Courtfinance

Seanad Éireann election panel 18.7.1ºFinance, Department of

member of government in charge of 28.7.1ºFinancial Resolutions

legislation to give effect to 17.1.2ºFirst Instance, Courts of: see CourtsFisheries

Seanad Éireann election panel 18.7.1ºflag, national

description of 7franchises: see natural resourcesfreedom of assembly 40.6freedom of association 40.6

INDEX

219

freedom of conscience 42.3.1º, 44.2.1ºfreedom of expression 40.6.1ºfreedom to obtain or make available information 40.3.3ºfreedom to travel 40.3.3ºfunctional or vocational councils

establishment of 15.3Seanad Éireann, direct election to 19

fundrevenues of the State 11

Governmentappointment of 13.1, 28.1appropriation of revenue or other public moneys 17.2Attorney General: see Attorney GeneralBills: earlier signature of 25.2.2º; urgent 24.1confidentiality of discussions at meetings of 28.4.3ºconstitution of 28.1Dáil Éireann: approval of 13.1.2º; dissolution 28.11.2º;

Estimates of receipts and expenditures 28.4.4º; member-ship 28.7; responsibility to 28.4.1º

Departments of State: collective responsibility for 28.4.2º;Ministers in charge of 28.12

derivation and exercise of powers of 6Estimates of receipts and expenditure 28.4.4ºexecutive power, exercise of 28.2, 29.4, 49.2external relations 29.4functional or vocational councils 15.3.2ºinvasion, in case of 28.3.2ºmembers: absence or incapacity of 28.12; appointment

of 13.1; continue in office until successors appointed28.11; Dáil Éireann or Seanad Éireann membership 28.7;number of 28.1; remuneration of 28.12; resignation of,on resignation of Taoiseach 28.11.1º; resignation ortermination of appointment of 13.1.3º, 28.9; right to beheard in each House of the Oireachtas 28.8

Ministers in charge of State Departments 28.12nation’s right to choose form of 1natural resources 10policy, right of citizens to criticise 40.6.1ºPresident: communications to Houses of Oireachtas or

INDEX

220

Nation 13.7.3º; leaving the State 12.9; powers andfunctions of 13.9, 13.11

Saorstát Éireann, successors of Government of 49.3state, preservation of 28.3.2ºTánaiste, nomination and duties of 28.6Taoiseach, nomination of, as head of 13.1.1º, 28.5.1ºtitles of nobility or honour in relation to citizens 40.2treason, definition of 39

Habeas Corpuslaw, validity of 40.4.3ºright to order of 40.4war, during state of 40.4.6º

Hague, Treaty 29.4.3ºHigh Court

appeal from 34.4.3cabinet confidentiality 28.4.3ºFirst Instance, Court of 34.3.1ºHabeas Corpus proceedings 40.4judges: see judgesjurisdiction 34.3law, validity of 34.3, 40.4.3ºPresident of 14.2.2º, 31.2, 40.4.4º

House of Representatives: see Dáil ÉireannHouses of Oireachtas: see Oireachtas, Houses ofimpeachment: see President of Irelandindecent matter

publication or utterance of 40.6.1ºindependence

affirmation of 5of the nationpreamble

Industry and Commercecontrol of essential commodities, in relation to social well-

being 45.2private initiative, encouragement of 45.3.1ºprotection of public, against exploitation 45.3.2ºSeanad Éireann election panel 18.7.1º

infirm, aged andsupport of 45.4.1º

information on services lawfully available in another state,

INDEX

221

freedom to obtain or make available 40.3.3ºInstitutions of Higher Education

Seanad Éireann, membership of 18.4.2ºInternational Law: see International RelationsInternational Relations

agreements, international 29.5, 29.6disputes, international, pacific settlement of 29.2executive power of State in connection with external relations

29.4international law, principles of 29.3, 29.8nation’s right to determine 1peace, ideal of 29.1President of Ireland 28.5.2º

Invasionprotection of State 28.3.2º

Irelandboth jurisdictions 3

shared institutions with executive powers and functions3.2

citizenship and nationality 9Constitution, adoption ofpreambleÉire preamble, 4international law, principles of 29.3, 29.8name of State 4national flag 7peace, ideal of 29.1, 29.2President: see President of Irelandtype of State 5united 3.1

Iris Oifigiúilpromulgation of laws 25.4.2º

Irish ancestrypeople abroad of 2

Irish language 8.1, 8.3islands 2judges

appointment 35.1, 36declaration 34.5Habeas Corpus order by 40.4

INDEX

222

Houses of Oireachtas, membership 35.3independence of 35.2judicial functions by persons other than 37justice, administration of 34.1number 36office of emolument, other 35.3President of Ireland, declaration of 12.8removal 35.4remuneration 35.5, 36retirement 36

jurisdictionextra-territorial 29.8

jurycriminal charges before 38.5

justicecabinet confidentiality 28.4.3ºjudges, administration by 34.1judicial functions by persons other than judges 37Justice, Chief: see Chief Justicepublic administration of 34.1social order 45.1special courts 38.3

LabourSeanad Éireann election panel 18.7.1º

LanguageBills passed in both official languages 25.4.3º, 25.4.6ºconstitution, enrolled copy of 25.5.4ºEnglish, second official language 8.2, 8.3Irish, first official language 8.1, 8.3laws, translation of 25.4.4ºSeanad Éireann election panel 18.7.1º

lawsagreements, international 29.6appropriation of revenue or other public moneys 17.2area and extent of application of 3.1assembly and associations 40.6Attorney General 30.1Bills: see Billsblasphemous, seditious or indecent matter, publication or

INDEX

223

utterance of 40.6.1ºcitizens: dwellings, inviolability of 40.5; equality of before

law 40.1; personal liberty, deprival of 40.4; protectionof personal rights of 40.3

Constitution: see ConstitutionDáil Éireann: see Dáil Éireannenrolment for record 25.4.5º, 25.4.6ºEuropean Union: see European Unionexternal relations 29.4.2ºextra-territorial jurisdiction 29.8Financial Resolutions, legislation to give effect to 17.1.2ºinformation on services lawfully available in another state

40.3.3ºInternational: agreements 29.6; law 29.3judges, and upholding of 34.5.1ºlanguages, where texts enrolled in both 25.4.5º, 25.4.6ºlegislation ex post facto15.5local authorities 28Amarriage 41.3.2ºmilitary law 38.4Oireachtas, power of making 15.2.1ºoperation, date of 25.4.1ºPresident and upholding of 12.8promulgation of 13.3.2º, 25.1, 25.2, 25.3, 25.4.2º, 27.5.2º,

27.6, 46.5property, right of private 43.1.2ºrefusal of bail 40.4.7ºright to life 40.3.3ºSaorstát Éireann 50schools, State aid for 44.2.4ºsocial policy in making of 45translation, official 25.4.4ºurgent, period of force of 24.3validity of: see Constitutionwar or armed rebellion 28.3.3º

legislaturessubordinate 15.2.2º

local authorities 28Alocal government 28A

INDEX

224

liberty of the person: see citizenslife: see right to lifeLiterature

Seanad Éireann election panel 18.7.1ºLuxembourg, Agreement 29.4.8ºLuxembourg, Treaty 29.4.3ºmarriage

dissolution of 41.3.2ºState protection of institution of 40.3.1ºSee also Family

Maastricht, Treaty 29.4.4ºmilitary or armed forces

raising and maintenance of 15.6See also Defence Forces

military tribunals 38.4, 38.6mines and minerals: see natural resourcesminor offences 38.2Money Bills

Committee of Privileges 22.2Dáil Éireann: certificate of Chairman 22.2.1º, 22.2.6º;

initiation in 21.1.1º; passed by 21.1.2º; sent to SeanadÉireann for its recommendations 21.1.1º, 21.2; urgentMoney Bills in 24.2

definition of 22.1Seanad Éireann: recommendations 21.1.2º, 21.2; reference

to Committee of Privileges 22.2; urgent Money Billsin 24.2

Supreme Court, not referable to 26monopolies

essential commodities 45.2exploitation of public 45.3.2º

mothers, employment of 41.2.2º. See also right to lifenation

British-Irish Agreement 29.7diversity of identities and traditions 3.1entitlement to be part of 2Family and welfare of 41.1.2ºfidelity to 9.2presidential messages to 13.7.2º, 13.7.3º

INDEX

225

sovereign rights of 1will to unite all the people 3.1

national flagdescription of 7

national language 8.1, 8.3, 25.4.6º, 25.5.4ºnational life 45National Parliament: see Oireachtasnational policy

decisions on 6.1President in relation to 28.5.2º

National University of Irelandelection of members of Seanad Éireann 18.4.1º, 18.4.2º, 18.6

nationality: see citizenship and nationalitynatural resources

state property 10offences: see crimes and offencesOireachtas

Agreements, international 29.6Dáil Éireann constituencies, revision of 16.2.4ºfunctional or vocational councils, provision for 15.3laws: for public safety 28.3.3º; making of 15.2.1º; promul-

gation of 13.3.2º; repugnant to Constitution 15.4; SaorstátÉireann 50

legislation ex post facto 15.5National Parliament 15.1raising and maintenance of military or armed forces 15.6reports and publications of 15.12sessions 15.7social policy in making laws 45

Oireachtas, Houses ofBills, passed or deemed to have been passed by both 13.3.1º,

20.3, 21.2.2º, 23, 24.2, 25.1, 26, 27, 46.2cabinet confidentiality 28.4.3ºComptroller and Auditor General: see Comptroller and

Auditor Generalconvening of 13.2.3ºemergency 15.8.2º, 24.1, 28.3.3ºfreedom of debate in 15.10Government, right of attendance of members of 28.8

INDEX

226

judges: membership of 35.3; removal of 35.4laws: extension of period of force of 24.3; Saorstát Éireann

50limitations on membership of 15.14meetings in vicinity of 40.6.1ºmembers: allowances and free travelling 15.15; privileges

of 15.13; protection of 15.10President: declaration by, on taking office 12.8; election,

nomination of candidates for 12.4.2º, 12.4.3º;impeachment of 12.10, 13.8; membership of either House12.6.1º, 12.6.2º; messages and addresses by 13.7.1º,13.7.3º; power to convene 13.2.3º; responsibility of13.8.1º, 13.8.2º

protection of official documents and members’ privatepapers 15.10

questions, determination of 15.11.1º, 15.11.2ºquorum 15.11.3ºreports and publications of 15.12sittings 15.1.3º, 15.8standing orders and rules 15.10stated period 23utterances made in 15.12, 15.13votes 15.11

opinions, expression of: see citizensorphans

State support 45.4.1ºpanels of candidates

formation 18.7functional or vocational groups, substitution of 19Seanad Éireann elections 18.4.1º, 18.4.2º

pardon, right ofvested in President 13.6

parentseducation of children, rights and duties 42

Paris, Treaty 29.4.3ºParliament

extent of application of laws 3.1natural resources 10Oireachtas 15.1.1º

INDEX

227

peaceideal of 29.1international disputes, settlement of 29.2

peopleBill petitioned against 27Constitution, adoption ofpreamblecouncils, functional or vocational 15.3crimes and offences, prosecution of 30.3derivation of powers of government 6.1policy: national 6.1; social 45President: election of 12.2.1º; in relation to 12.8Referendum: see Referendumright to decide national policy 6.1right to designate rulers of the State 6.1Saorstát Éireann, executive authority of 49.1

petitionBill, signature of 27

policy: see national policy; social policypopulation

Dáil Éireann constituencies in relation to 16.2President of Executive Council of Saorstát Éireann: see Saorstát

ÉireannPresident of the High Court: see High CourtPresident of Ireland

absence of 14.1Attorney General 30.2, 30.5Bills: reference to people 27; reference to the Supreme

Court 26, 34.3.3º; signature of, 13.3.1º; signature of,following reference to Supreme Court 26.1.3º, 26.3;signature of, following Referendum 46.5; signature of,period for 25.2, 25.3; signature of, petition against 27;signature of, presented for 25.1; signature of, text passedby both Houses of the Oireachtas 25.4.3º; signature of,urgent 25.3

Chief Justice: see Chief JusticeCommission during absence, etc. of 14Committee of Privileges 22.2Comptroller and Auditor General: see Comptroller and

Auditor General

INDEX

228

Constitution, signature of copy of 25.5.2ºCouncil of State: see Council of StateDáil Éireann, dissolution and summoning of 13.2.1º, 13.2.2º,

16.3.1º, 28.10death of 12.3, 12.7, 14.1declaration by 12.8Defence Forces: commissions in 13.5.2º; supreme command

of 13.4, 13.5.1ºelection: 12.2.1º; eligibility for 12.4.1º; method of 12.2,

12.4.5º; nomination 12.4.2º, 12.4.3º, 12.4.4º; regulationof 12.5; right to vote at 12.2.2º; time of 12.3.3º

emoluments and allowances 12.11.2º, 12.11.3ºGovernments, members of: appointment of 13.1.2º, 28.1;

resignation or termination of appointment of 13.1.3º, 28.9impeachment 12.10, 13.8incapacity of 12.3, 12.7, 14.1judges: see Chief Justice; judgeslaws, promulgation of 13.3.2º, 25.4.2º, 27.5.2ºleaving the State 12.9messages and addresses 13.7nation, messages to 13.7.2º, 13.7.3ºoffice: entry upon 12.7, 12.8; other than Presidency, holding

of 12.6.3º; removal from 12.3, 12.7, 12.10, 14.1;resignation from 12.3, 12.7, 14.1; term of 12.3.1º;vacancy in 14.1

official residence 12.11.1ºOireachtas: constituent of 15.1.2º; Houses of: see Oireachtas,

Houses ofpardon, right of 13.6policy, domestic and international 28.5.2ºpowers and functions: conferred by Constitution and by

law 12.1, 13.8.1º, 13.10; exercise and performanceof 12.1, 13.9, 13.11, 14.1, 14.4, 14.5

precedence 12.1re-election, eligibility for 12.3.2º, 12.4.4ºSeanad Éireann, first meeting after general election 18.8Taoiseach, appointment of 13.1.1ºUachtarán na hÉireann 12.1

INDEX

229

Presidential Commission: see Commission during absence orincapacity of President of Ireland

pressliberty of 40.6.1º

primary education 42.4Prime Minister: see Taoiseachprivate enterprise 45.3.2ºprivate property

material resources of the community 45.2of religious denominations 44.2.5º, 44.2.6ºprotection of 40.3.2º, 43

Privileges, Committee of: see Committee of Privilegespromulgation of laws: see lawsproperty: see natural resources; private property; Stateproportional representation

Dáil Éireann elections 16.2.5ºelection of President of Ireland 12.2.3ºSeanad Éireann elections 18.5

Public AdministrationSeanad Éireann election panel 18.7.1º

public interestcabinet confidentiality 28.4.3º

public moneysagreements, international 29.5.2ºappropriation by Dáil Éireann 17.2Comptroller and Auditor General: see Comptroller and

Auditor GeneralMoney Bills: see Money Billsschools, State aid for 44.2.4º

public safety and orderassembly and associations 40.6.1ºconscience, freedom of 44.2.1ºcourts, special 38.3.1ºinvasion, in case of 28.3.2ºopinion, freedom of 40.6.1ºrebellion, armed 28.3.3ºreligion, practice of 44.2.1ºurgent Bills 24.1war, laws necessary during time of 28.3.3º

INDEX

230

radiopublic order, morality, and authority of State 40.6.1º

rebellion, armedDefence Forces, acts of 40.4.6ºlaws necessary during 28.3.3ºmilitary tribunals 38.4treason 39See also War

receipts and expenditure, Estimates of: see Estimates of receiptsand expenditure

ReferendumBills, petition against signature of 27.5, 27.6Constitution: amendment 46.2, 47.1; proposals other than for

amendment 47.2regulation of 47.4vote, right to 47.3

religionassembly and associations 40.6.2ºdenominations, religious, rights and property of 44.2.5º,

44.2.6ºdisabilities or discrimination 44.2.3º, 44.2.4ºeducation of children, religious 42.1, 42.4endowment 44.2.2ºfree profession 44.2.1ºschools, State-aid for 44.2.4ºworship, public 44.1

resources: see natural resourcesrevenues

appropriation by Dáil Éireann 17.2one fund 11

right to life 40.3Rome, Treaty 29.4.3ºroyalties: see natural resourcesSaorstát Éireann

Constitution, repeal of 48Council of State and former Presidents of Executive Council

31.2executive authority 49.1Government succession to Government of 49.3

INDEX

231

Ireland: citizenship of 9.1.1ºland, mines, minerals and waters 10.2laws of 50

schoolsfreedom of choice of 42.2, 42.3.1ºprivate 42.2State 42.2, 42.3.1ºState aid for 44.2.4º

seas 2Seanad Éireann

Bills: abridged period for consideration of urgent 24;concurrence in earlier signature of 25.2.2º; held up in 23;initiated in 20.2, 23.2.1º; Money: see Money Bills; passedby Dáil Éireann, amendment of 20.1; signature of, petitionagainst 27

casual vacancies 18.10.2º, 18.10.3ºChairman: Bills, petitioned against 27.5.1º, 27.6; Bills,

urgent 24.1; casting vote 15.11.2º; Commission duringabsence, etc., of President 14.2.1º, 14.2.4º; Council ofState 31.2; election to office 15.9.1º; removal of judges35.4.2º; remuneration 15.9.2º

Committee of Privileges: see Committee of PrivilegesComptroller and Auditor General: see Comptroller and

Auditor GeneralDáil Éireann dissolution, effect of 18.8Deputy Chairman: Commission during absence, etc., of

President 14.2.4º; election to office 15.9.1º; remuner-ation 15.9.2º

duration of 18.8election of 18, 19: functional or vocational groups 19;

general 18.7.1º, 18.8, 18.9; first meeting after election18.8

Government: see Governmentjudges, removal of 35.4members 18.1, 18.2: elected 18.4.1º, 18.4.2º, 18.10.1º,

18.10.3º; election of 18, 19; Government, membersof 28.7.2º; nominated 18.3, 18.10.2º; term of office 18.9;universities and other institutions of higher education18.4.1º, 18.4.2º, 18.6

INDEX

232

Oireachtas, House of 15.1.2ºpanels, formation of 18.7Senate, designation of 15.1.2º

secret ballot: see ballotsedition

publication or utterance of 40.6.1ºSenate: see Seanad Éireannsex

citizenship 9.1.3ºDáil Éireann 16.1livelihood 45.2, 45.4.2ºnationality 9.1.3º

social justice, principles of 43.2.1ºsocial policy

citizens, livelihood of 45.2credit, control of 45.2directive principles of 45economic interests of the weaker sections of the community

45.4.1ºenterprise, conduct of private 45.3.2ºessential commodities, control of 45.2families on the land, establishment of 45.2initiative, private 45.3.1ºOireachtas, application of principles by 45resources, application of material 45.2social order, promotion of 45.1workers, health of 45.4.2º

social services and activitiesSeanad Éireann election panel 18.7.1º

sovereigntyaffirmation of 1, 5

special courts 38.3State

agreements, international 29.5citizens, personal rights of 40citizenship and nationality 9.1Comptroller and Auditor General: see Comptroller and

Auditor GeneralCouncil of: see Council of State

INDEX

233

Departments 28.12education: see educationexecutive power, exercise of 28.2, 29.4, 49.2external relations 29.4Family: see Familyinvasion of 28.3land, mines, minerals and waters 10.2, 10.4languages of 8local government 28Aloyalty to 9.2Ministers 28.12moneys, control of disbursements of public 33.1name of 4national flag 7natural resources 10Oireachtas and power of making laws 15.2powers of governments 6President: leaving State 12.9; precedence 12.1property, private 43receipts and expenditure, Estimates of 17.1.1º, 28.4.4ºreligion 44revenues 11right of people to designate rulers of 6.1social policy 45titles of nobility or honour 40.2treason, defined 39type of 5war: declaration of 28.3; time of 28.3.3º

Supreme Courtappellate jurisdiction 34.4.3º, 34.4.4ºBills: enrolment for record 25.4.5; referred by President 26,

27.4.2º, 34.3.3ºCommittee of Privileges 22.2.3ºConstitution, enrolment of signed copy of text 25.5.2º,

25.5.3º, 25.5.4ºFinal Appeal, Court of 34.4.1ºincapacity of President of Ireland 12.3.1ºjudges: see judgeslaw, validity of: Bill referred originally to Supreme Court

INDEX

234

34.3.3º; decision 34.4.5º, 34.4.6º; Habeas Corpus 40.4;jurisdiction 34.3.2º, 34.4.4º

president of 34.4.2ºTánaiste

Council of State: see Council of StateDáil Éireann, member of 28.7.1ºnomination of 28.6.1ºTaoiseach, acts for 28.6.2º, 28.6.3º

Taoiseachappointment of 13.1.1ºappropriation by Dáil Éireann of revenue or other public

monies 17.2Attorney General: see Attorney GeneralBills: signature and promulgation of 25.1; signature and

promulgation of, petition against 27.5.1º, 27.6; urgent24.1

Comptroller and Auditor General: see Comptroller andAuditor General

constitution, text of 25.5Council of State: see Council of StateDáil Éireann: majority support in 13.2.2º, 28.10; member

of 28.7.1º; summoning and dissolution of 13.2.1º,13.2.2º, 16.3.1º

Government: head of 28.5.1º; nomination of membersof 13.1.2º; resignation or termination of appointment ofmembers of 13.1.3º, 28.9.2º, 28.9.3º, 28.9.4º, 28.11.1º

judges, removal of 35.4President in relation to policy 28.5.2ºPrime Minister 13.1.1º, 28.5.1ºresignation 28.9.1º, 28.10, 28.11Seanad Éireann: first meeting after general election 18.8;

nominated members of 18.3, 18.10.2ºsuccessor, appointment of 28.11Tánaiste: see Tánaiste

taxationMoney Bill, definition of 22.1

titles of nobility or honourgovernment approval of 40.2.2ºState, in relation to 40.2.1º

INDEX

235

Trade: see Industry and Commercetravel, freedom to 40.3.3ºtreason

definition of 39members of Houses of Oireachtas 15.13

Uachtarán na hÉireann: see President of Irelandunborn: see right to lifeuniversities: see Seanad ÉireannUniversity of Dublin

election of members of Seanad Éireann 18.4.1º, 18.4.2º, 18.6vocational councils: see functional or vocational councilswar

Dáil Éireann assent to participation in 28.3Defence Forces, acts of 40.4.6ºemergency, national 28.3.3ºlaws necessary during time of 28.3.3ºmilitary tribunals 38.4treason 39

widows, state support 45.4.1ºwomen: see family; sexwork

citizens’ livelihood through occupations 45.2health of workers 45.4.2ºmothers’ work 41.2.2º

worshippublic 44.1

Documents

CONSTITUTION OF IRELAND