The Irish Constitution

The Irish Constitution - An Introduction

  • The Irish Constitution, known in Irish as ‘Bunreacht na hÉireann’, was enacted in 1937.
  • The Constitution replaced the 1922 Constitution of the Irish Free State and was approved by a national plebiscite (a vote by the electorate on a political question).
  • It is the fundamental law of the Republic of Ireland and can only be amended through a referendum.

Key Provisions

  • The Constitution guarantees certain fundamental rights, including personal rights, the right to equality and freedom from discrimination, and the family and education rights.
  • The Constitution asserts the national sovereignty of the Irish people.
  • It sets out a separation of powers among the Executive, Legislature, and Judiciary branches of the Irish government. The Executive comprises of the President and the cabinet, while the Legislature is the Irish parliament, or ‘Oireachtas’, which includes the Dáil Éireann (House of Representatives) and the Seanad Éireann (Senate).

The President

  • According to the Constitution, the President serves as the head of state and is also the guardian of the Constitution.
  • The President is elected for a seven-year term and can serve a maximum of two terms.
  • The President has limited powers, most of which are ceremonial or discretionary.

Oireachtas

  • The Oireachtas is declared as the sole law-making body in the country.
  • The Dáil has the primary role in legislation, but the Seanad has the power to delay legislation.
  • The Taoiseach, or Prime Minister, is elected from the Dáil.
  • The Constitution establishes that members of the Legislature are to be elected by the people.

Judiciary

  • The Constitution states that judges are independent in the exercise of their functions, ensuring a separation of powers.
  • The Constitution assigns the power of judicial review to the courts, allowing them to review legislation for its consistency with the Constitution.

Amending the Constitution

  • Any part of the Constitution can be amended but requires a referendum.
  • The proposal for amendment is first introduced in the Oireachtas, and if approved by both Houses, it’s put to a public vote.
  • Only the exact text of the Constitution can be amended, not the concept or principle it represents.

Key Constitutional Amendments

  • Significant changes have been made to the Constitution, including the Nineteenth Amendment which allowed the Republic of Ireland to ratify the Good Friday Agreement.
  • Other notable amendments include the Thirteenth and Fourteenth Amendments, addressing the contentious issue of abortion.