Constitution of Ireland
Preamble
In the name of the Most Holy Trinity, from Whom is all authority and
to Whom, as our final end, all actions both of men and States must be
referred,
We, the people of Ireland, humbly acknowledging all our obligations
to our Divine Lord, Jesus Christ, Who sustained our fathers through
centuries of trial,
Gratefully remembering their heroic and unremitting struggle to regain
the rightful independence of our Nation, And seeking to promote the
common good, with due observance of Prudence, Justice and Charity, so
that the dignity and freedom of the individual may be assured, true
social order attained, the unity of our country restored, and concord
established with other nations, Do hereby adopt, enact, and give to
ourselves this Constitution.
[Chapter I] The Nation
Article 1 [Sovereign Rights]
The Irish nation hereby affirms its inalienable, indefeasible, and sovereign
right to choose its own form of Government, to determine its relations
with other nations, and to develop its life, political, economic and
cultural, in accordance with its own genius and traditions.
Article 2 [Territory]
The national territory consists of the whole island of Ireland, its
islands and the territorial seas.
Article 3 [Extent of Application of Laws]
Pending the re-integration of the national territory, and without prejudice
to the right of Parliament and Government established by this Constitution
to exercise jurisdiction over the whole of that territory, the laws
enacted by that Parliament shall have the like area and extent of application
as the laws of Ireland and the like extra-territorial effect.
[Chapter II] The State
Article 4 [Name of the State]
The name of the State is Ireland.
Article 5 [State Principles]
Ireland is a sovereign, independent, democratic state.
Article 6 [Popular Sovereignty, Rule of Law]
(1) All powers of government, legislative, executive and judicial,
derive, under God, from the people, whose right it is to designate the
rulers of the State and, in final appeal, to decide all questions of
national policy, according to the requirements of the common good.
(2) These powers of government are exercisable only by or on the authority
of the organs of State established by this Constitution.
Article 7 [Flag]
The national flag is the tricolor of green, white and orange.
Article 8 [Language]
(1) The Irish language as the national language is the first official
language.
(2) The English language is recognized as a second official language.
(3) Provision may, however, be made by law for the exclusive use of
either of the said languages for any one or more official purposes,
either throughout the State or in any part thereof.
Article 9 [Citizenship]
(1.1) On the coming into operation of this Constitution any person
who was a citizen of Ireland immediately before the coming into operation
of this Constitution shall become and be a citizen of Ireland.
(1.2) The future acquisition and loss of Irish nationality and citizenship
shall be determined in accordance with law.
(1.3) No person may be excluded from Irish nationality and citizenship
by reason of the sex of such person.
(2) Fidelity to the nation and loyalty to the State are fundamental
political duties of all citizens.
Article 10 [Natural Resources]
(1) All natural resources, including the air and all forms of potential
energy, within the jurisdiction of Parliament and Government established
by this Constitution and all royalties and franchises within that jurisdiction
belong to the State subject to all estates and interests therein for
the time being lawfully vested in any person or body.
(2) All land and all mines, minerals and waters which belonged to Ireland
immediately before the coming into operation of this Constitution belong
to the State to the same extent as they then belonged to Ireland.
(3) Provision may be made by law for the management of the property
which belongs to the State by virtue of this Article and for the control
of the alienation, whether temporary or permanent, of that property.
(4) Provision may also be made by law for the management of land, mines,
minerals and waters acquired by the State after the coming into operation
of this Constitution and for the control of the alienation, whether
temporary or permanent, of the land, mines, minerals and waters so acquired.
Article 11 [Fund]
All revenues of the State from whatever source arising shall, subject
to such exception as may be provided by law, form one fund, and shall
be appropriated for the purposes and in the manner and subject to the
charges and liabilities determined and imposed by law.
[Chapter III] The President
Article 12 [Election]
(1) There shall be a President of Ireland, hereinafter called the President,
who shall take precedence over all other persons in the State and who
shall exercise and perform the powers and functions conferred on the
President by this Constitution and by law.
(2.1) The President shall be elected by direct vote of the people.
(2.2) Every citizen who has the right to vote at an election for members
of the House of Representatives shall have the right to vote at an election
for President.
(2.3) The voting shall be by secret ballot and on the system of
proportional representation by means of the single transferable vote.
(3.1) The President shall hold office for seven years from the date
upon which he enters upon his office, unless before the expiration of
that period he dies, or resigns, or is removed from office, or becomes
permanently incapacitated, such incapacity being established to the
satisfaction of the Supreme Court consisting of not less than five judges.
(3.2) A person who holds, or who has held, office as President, shall
be eligible for re-election to that office once, but only once.
(3.3) An election for the office of President shall be held not later
than, and not earlier than the sixtieth day before, the date of the
expiration of the term of office of every President, but in the event
of the removal from office of the President or of his death, resignation,
or permanent incapacity established as aforesaid (whether occurring
before or after he enters upon his office), an election for the office
of President shall be held within sixty days after such event.
(4.1) Every citizen who has reached his thirty-fifth year of age is
eligible for election to the office of President.
(4.2) Every candidate for election, not a former or retiring President,
must be nominated either by:
(i) not less than twenty persons, each of whom is at the time a member
of one of the Houses of Parliament or
(ii) by the Councils of not less than four administrative Counties (including
County Boroughs) as defined by law.
(4.3) No person and no such Council shall be entitled to subscribe to
the nomination of more than one candidate in respect of the same election.
(4.4) Former or retiring Presidents may become candidates on their own
nomination.
(4.5) Where only one candidate is nominated for the office of President
it shall not be necessary to proceed to a ballot for his election.
(5) Subject to the provisions of this Article, elections for the office
of President shall be regulated by law.
(6.1) The President shall not be a member of either House of Parliament.
(6.2) If a member of either House of Parliament be elected President,
he shall be deemed to have vacated his seat in that House.
(6.3) The President shall not hold any other office or position of emolument.
(7) The first President shall enter upon his office as soon as may be
after his election, and every subsequent President shall enter upon
his office on the day following the expiration of the term of office
of his predecessor or as soon as may be thereafter or, in the event
of his predecessor's removal from office, death, resignation, or permanent
incapacity established as provided by Section (3), as soon as may be
after the election.
(8) The President shall enter upon his office by taking and subscribing
publicly, in the presence of members of both Houses of Parliament, of
Judges of the Supreme Court and of the High Court, and other public
personages, the following declaration:
"In the presence of Almighty God I do solemnly and sincerely promise
and declare that l will maintain the Constitution of Ireland and uphold
its laws, that I will fulfill my duties faithfully and conscientiously
in accordance with the Constitution and the law, and that I will dedicate
my abilities to the service and welfare of the people of Ireland. May
God direct and sustain me."
(9) The President shall not leave the State during his term of office
save with the consent of the Government.
(10.1) The President may be impeached for stated misbehavior.
(10.2) The charge shall be preferred by either of the Houses of Parliament,
subject to and in accordance with the provisions of this section.
(10.3) A proposal to either House of Parliament to prefer a charge against
the President under this section shall not be entertained unless upon
a notice of motion in writing signed by not less than thirty members
of that House.
(10.4) No such proposal shall be adopted by either of the Houses of
Parliament save upon a resolution of that House supported by not less
than two-thirds of the total membership thereof.
(10.5) When a charge has been preferred by either House of Parliament,
the other House shall investigate the charge, or cause the charge to
be investigated.
(10.6) The President shall have the right to appear and to be represented
at the investigation of the charge.
(10.7) If, as a result of the investigation, a resolution be passed
supported by not less than two-thirds of the total membership of the
House of Parliament by which the charge was investigated, or caused
to be investigated, declaring that the charge preferred against the
President has been sustained and that the misbehavior, the subject of
the charge, was such as to render him unfit to continue in office, such
resolution shall operate to remove the President from his office
(11.1) The President shall have an official residence in or near the
City of Dublin.
(11.2) The President shall receive such emoluments and allowances as
may be determined by law.
(11.3) The emoluments and allowances of the President shall not be diminished
during his term of office.
Article 13 [Functions]
(1.1) The President shall, on the nomination of the House of Representatives,
appoint the Prime Minister.
(1.2) The President shall, on the nomination of the Prime Minister with
the previous approval of the House of Representatives, appoint the other
members of the Government.
(1.3) The President shall, on the advice of the Prime Minister, accept
the resignation or terminate the appointment of any member of the Government.
(2.1) the House of Representatives shall be summoned and dissolved by
the President on the advice of the Prime Minister.
(2.2) The President may in his absolute discretion refuse to dissolve
the House of Representatives on the advice of a Prime Minister who has
ceased to retain the support of a majority in the House of Representatives.
(2.3) The President may at any time, after consultation with the Council
of State, convene a meeting of either or both of the Houses of Parliament.
(3.1) Every Bill passed or deemed to have been passed by both Houses
of Parliament shall require the signature of the President for its enactment
into law.
(3.2) The President shall promulgate every law made by Parliament.
(4) The supreme command of the Defense Forces is hereby vested in the
President.
(5.1) The exercise of the supreme command of the Defense Forces shall
be regulated by law.
(5.2) All commissioned officers of the Defense Forces shall hold their
commissions from the President.
(6) The right of pardon and the power to commute or remit punishment
imposed by any court exercising criminal jurisdiction are hereby vested
in the President, but such power of commutation or remission may, except
in capital cases, also be conferred by law on other authorities.
(7.1) The President may, after consultation with the Council of
State, communicate with the Houses of Parliament by message or address
on any matter of national or public importance.
(7.2) The President may, after consultation with the Council of State,
address a message to the Nation at any time on any such matter.
(7.3) Every such message or address must, however, have received the
approval of the Government.
(8.1) The President shall not be answerable to either House of Parliament
or to any court for the exercise and performance of the powers and functions
of his office or for any act done or purporting to be done by him in
the exercise and performance of these powers and functions.
(8.2) The behavior of the President may, however, be brought under review
in either of the Houses of Parliament for the purposes of Article 12
(10), or by any court, tribunal or body appointed or designated by either
of the Houses of Parliament for the investigation of a charge under
Article 12 (10).
(9) The powers and functions conferred on the President by this Constitution
shall be exercisable and performable by him only on the advice of the
Government, save where it is provided by this Constitution that he shall
act in his absolute discretion or after consultation with or in relation
to the Council of State, or on the advice or nomination of, or on receipt
of any other communication from, any other person or body.
(10) Subject to this Constitution, additional powers and functions may
be conferred on the President by law.
(11) No power or function conferred on the President by law shall be
exercisable or performable by him save only on the advice of the Government.
Article 14 [Absence of the President]
(1) In the event of the absence of the President, or his temporary
incapacity, or his permanent incapacity established as provided by Article
12 (3) hereof, or in the event of his death, resignation, removal from
office, or failure to exercise and perform the powers and functions
of his office or any of them, or at any time at which the office of
President may be vacant, the powers and functions conferred on the President
by or under this Constitution shall be exercised and performed by a
Commission constituted as provided in Section (2) of this article.
(2.1) The Commission shall consist of the following persons, namely,
the Chief Justice, the Chairman of the House of Representatives, and
the Chairman of the Senate.
(2.2) The President of the High Court shall act as a member of the Commission
in the place of the Chief Justice on any occasion on which the office
of Chief Justice is vacant or on which the Chief Justice is unable to
act.
(2.3) The Deputy Chairman of the House of Representatives shall act
as a member of the Commission in the place of the Chairman of the House
of Representatives on any occasion on which the office of Chairman of
the House of Representatives is vacant or on which the said Chairman
is unable to act.
(2.4) The Deputy Chairman of the Senate shall act as a member of the
Commission in the place of the Chairman of the Senate on any occasion
on which the office of Chairman of the Senate is vacant or on which
the said Chairman is unable to act.
(3) The Commission may act by any two of their number and may act notwithstanding
a vacancy in their membership.
(4) The Council of State may by a majority of its members make such
provision as to them may seem meet for the exercise and performance
of the powers and functions conferred on the President by or under this
Constitution in any contingency which is not provided for by the foregoing
provisions of this article.
(5.1) The provisions of this Constitution which relate to the exercise
and performance by the President of the powers and functions conferred
on him by or under this Constitution shall subject to the subsequent
provisions of this section apply to the exercise and performance of
the said powers and functions under this article.
(5.2) In the event of the failure of the President to exercise or perform
any power or function which the President is by or under this Constitution
required to exercise or perform within a specified time, the said power
or function shall be exercised or performed under this article, as soon
as may be after the expiration of the time so specified.
[Chapter IV] The National Parliament
[Part 1] Constitution and Powers
Article 15 [Constitution, Functions]
(1.1) The National Parliament shall be called and known, and is in
this Constitution generally referred to, as Parliament.
(1.2) Parliament shall consist of the President and two Houses, viz.:
a the House of Representatives and a Senate.
(1.3) The Houses of Parliament shall sit in or near the City of Dublin
or in such other place as they may from time to time determine.
(2.1) The sole and exclusive power of making laws for the State is hereby
vested in Parliament: no other legislative authority has power to make
laws for the State.
(2.2) Provision may however be made by law for the creation or recognition
of subordinate legislatures and for the powers and functions of these
legislatures.
(3.1) Parliament may provide for the establishment or recognition of
functional or vocational councils representing branches of the social
and economic life of the people.
(3.2) A law establishing or recognizing any such council shall determine
its rights, powers and duties, and its relation to Parliament and to
the Government.
(4.1) Parliament shall not enact any law which is in any respect repugnant
to this Constitution or any provision thereof.
(4.2) Every law enacted by Parliament which is in any respect repugnant
to this Constitution or to any provision thereof, shall, but to the
extent only of such repugnancy, be invalid.
(5) Parliament shall not declare acts to be infringements of the law
which were not so at the date of their commission.
(6.1) The right to raise and maintain military or armed forces is vested
exclusively in Parliament.
(6.2) No military or armed force, other than a military or armed force
raised and maintained by Parliament, shall be raised or maintained for
any purpose whatsoever.
(7) Parliament shall hold at least one session every year.
(8.1) Sittings of each House of Parliament shall be public.
(8.2) In cases of special emergency, however, either House may hold
a private sitting with the assent of two-thirds of the members present.
(9.1) Each House of Parliament shall elect from its members its own
Chairman and Deputy Chairman, and shall prescribe their powers and duties.
(9.2) The remuneration of the Chairman and Deputy Chairman of each House
shall be determined by law.
(10) Each House shall make its own rules and standing orders, with power
to attach penalties for their infringement, and shall have power to
ensure freedom of debate, to protect its official documents and the
private papers of its members, and to protect itself and its members
against any person or persons interfering with, molesting or attempting
to corrupt its members in the exercise of their duties.
(11.1) All questions in each House shall, save as otherwise provided
by this Constitution, be determined by a majority of the votes of the
members present and voting other than the Chairman or presiding member.
(11.2) The Chairman or presiding member shall have and exercise a casting
vote in the case of an equality of votes.
(11.3) The number of members necessary to constitute a meeting of either
House for the exercise of its powers shall be determined by its standing
orders.
(12) All official reports and publications of Parliament or of either
House thereof and utterances made in either House wherever published
shall be privileged.
(13) The members of each House of Parliament shall, except in case of
treason as defined in this Constitution, felony or breach of the peace,
be privileged from arrest in going to and returning from, and while
within the precincts of, either House, and shall not, in respect of
any utterance in either House, be amenable to any court or any authority
other than the House itself.
(14) No person may be at the same time a member of both Houses of Parliament,
and, if any person who is already a member of either House becomes a
member of the other House, he shall forthwith be deemed to have vacated
his first seat.
(15) Parliament may make provision by law for the payment of allowances
to the members of each House thereof in respect of their duties as public
representatives and for the grant to them of free traveling and such
other facilities (if any) in connection with those duties as Parliament
may determine.
Article 16 [Eligibility]
(1.1) Every citizen without distinction of sex who has reached the
age of twenty-one years, and who is not placed under disability or incapacity
by this Constitution or by law, shall be eligible for membership of
the House of Representatives.
(1.2)(i) All citizens, and
(ii) such other persons in the State as may be determined by law,
without distinction of sex who have reached the age of eighteen years
who are not disqualified by law and comply with the provisions of the
law relating to the election of members of the House of Representatives,
shall have the right to vote at an election for members of the House
of Representatives.
(1.3) No law shall be enacted placing any citizen under disability or
incapacity for membership of the House of Representatives on the ground
of sex or disqualifying any citizen or other person from voting at an
election for members of the House of Representatives on that ground.
(1.4) No voter may exercise more than one vote at an election for the
House of Representatives, and the voting shall be by secret ballot.
(2.1) the House of Representatives shall be composed of members who
represent constituencies determined by law.
(2.2) The number of members shall from time to time be fixed by law,
but the total number of members of the House of Representatives shall
not be fixed at less than one member for each thirty thousand of the
population, or at more than one member for each twenty thousand of the
population.
(2.3) The ratio between the number of members to be elected at any time
for each constituency and the population of each constituency, as ascertained
at the last preceding census, shall, so far as it is practicable, be
the same throughout the country.
(2.4) Parliament shall revise the constituencies at least once in every
twelve years, with due regard to changes in distribution of the population,
but any alterations in the constituencies shall not take effect during
the life of the House of Representatives sitting when such revision
is made.
(2.5) The members shall be elected on the system of
proportional representation by means of the single transferable vote.
(2.6) No law shall be enacted whereby the number of members to be returned
for any constituency shall be less than three.
(3.1) the House of Representatives shall be summoned and dissolved as
provided by Article 13 (2).
(3.2) A general election for members of the House of Representatives
shall take place not later than thirty days after a dissolution of the
House of Representatives.
(4.1) Polling at every general election for the House of Representatives
shall as far as practicable take place on the same day throughout the
country.
(4.2) the House of Representatives shall meet within thirty days from
that polling day.
(5) The same the House of Representatives shall not continue for a longer
period than seven years from the date of its first meeting: a shorter
period may be fixed by law.
(6) Provision shall be made by law to enable the member of the House
of Representatives who is the Chairman immediately before a dissolution
of the House of Representatives to be deemed without any actual election
to be elected a member of the House of Representatives at the ensuing
general election.
(7) Subject to the foregoing provisions of this article, elections for
membership of the House of Representatives, including the filling of
casual vacancies, shall be regulated in accordance with law.
Article 17 [Financial Estimates]
(1.1) As soon as possible after the presentation to the House of Representatives
under Article 28 of the Estimates of receipts and the Estimates of expenditure
of the State for any financial year, the House of Representatives shall
consider such Estimates.
(1.2) Save in so far as may be provided by specific enactment in each
case, the legislation required to give effect to the Financial Resolutions
of each year shall be enacted within that year.
(2) the House of Representatives shall not pass any vote or resolution,
and no law shall be enacted, for the appropriation of revenue or other
public moneys unless the purpose of the appropriation shall have been
recommended to the House of Representatives by a message from the Government
signed by the Prime Minister.
Article 18 [Senate]
(1) The Senate shall be composed of sixty members, of whom eleven shall
be nominated members and forty-nine shall be elected members.
(2) A person to be eligible for membership of the Senate must be eligible
to become a member of the House of Representatives.
(3) The nominated members of the Senate shall be nominated, with their
prior consent, by the Prime Minister who is appointed next after the
reassembly of the House of Representatives following the dissolution
thereof which occasions the nomination of the said members.
(4.1) The elected members of the Senate shall be elected as follows:
(i) Three shall be elected by the National University of Ireland.
(ii) Three shall be elected by the University of Dublin.
(iii) Forty-three shall be elected from panels of candidates constituted
as hereinafter provided.
(4.2) Provision may be made by law for the election, on a franchise
and in the manner to be provided by law, by one or more of the following
institutions, namely:
(i) the universities mentioned in Section (4.1),
(ii) any other institutions of higher education in the State,
of so many members of the Senate as may be fixed by law in substitution
for an equal number of the members to be elected pursuant to Paragraphs
(i) and (ii) of the said subsection.
A member or members of the Senate may be elected under this subsection
by institutions grouped together or by a single institution.
(4.3) Nothing in this article shall be invoked to prohibit the dissolution
by law of a university mentioned in Section (4.1).
(5) Every election of the elected members of the Senate shall be held
on the system of proportional representation by means of the single
transferable vote, and by secret postal ballot.
(6) The members of the Senate to be elected by the Universities shall
be elected on a franchise and in the manner to be provided by law.
(7.1) Before each general election of the members of the Senate to be
elected from panels of candidates, five panels of candidates shall be
formed in the manner provided by law containing respectively the names
of persons having knowledge and practical experience of the following
interests and services, namely:
(i) National Language and Culture, Literature, Art, Education and such
professional interests as may be defined by law for the purpose of this
panel;
(ii) Agriculture and allied interests. and Fisheries;
(iii) Labor, whether organized or unorganized;
(iv) Industry and Commerce, including banking, finance, accountancy,
engineering and architecture;
(v) Public Administration and social services, including voluntary social
activities.
(7.2) Not more than eleven and, subject to the provisions of Article
19 hereof, not less than five members of the Senate shall be elected
from any one panel.
(8) A general election for the Senate shall take place not later than
ninety days after a dissolution of the House of Representatives, and
the first meeting of the Senate after the general election shall take
place on a day to be fixed by the President on the advice of the Prime
Minister.
(9) Every member of the Senate shall, unless he previously dies, resigns,
or becomes disqualified, continue to hold office until the day before
the polling day of the general election for the Senate next held after
his election or nomination.
(10.1) Subject to the foregoing provisions of this article elections
of the elected members of the Senate shall be regulated by law.
(10.2) Casual vacancies in the number of the nominated members of the
Senate shall be filled by nomination by the Prime Minister with the
prior consent of persons so nominated.
(10.3) Casual vacancies in the number of the elected members of the
Senate shall be filled in the manner provided by law.
Article 19 [Direct Election]
Provision may be made by law for the direct election by any functional
or vocational group or association or council of so many members of
the Senate as may be fixed by such law in substitution for an equal
number of the members to be elected from the corresponding panels of
candidates constituted under Article 18.
[Part 2] Legislation
Article 20 [Amendment by Senate]
(1) Every Bill initiated in and passed by the House of Representatives
shall be sent to the Senate and may, unless it be a Money Bill, be amended
in the Senate and the House of Representatives shall consider any such
amendment.
(2.1) A Bill other than a Money Bill may be initiated in the Senate,
and if passed by the Senate, shall be introduced in the House of Representatives.
(2.2) A Bill initiated in the Senate if amended in the House of Representatives
shall be considered as a Bill initiated in the House of Representatives.
(3) A Bill passed by either House and accepted by the other House shall
be deemed to have been passed by both Houses.
[Part 3] Money Bills
Article 21 [Initiative, Procedure]
(1.1) Money Bills shall be initiated in the House of Representatives
only.
(1.2) Every Money Bill passed by the House of Representatives shall
be sent to the Senate for its recommendations.
(2.1) Every Money Bill sent to the Senate for its recommendations shall,
at the expiration of a period not longer than twenty-one days after
it shall have been sent to the Senate, be returned to the House of Representatives,
which may accept or reject all or any of the recommendations of the
Senate.
(2.2) If such Money Bill is not returned by the Senate to the House
of Representatives within such twenty-one days or is returned within
such twenty-one days with recommendations which the House of Representatives
does not accept, it shall be deemed to have been passed by both Houses
at the expiration of the said twenty-one days.
Article 22 [Definition of Money Bills]
(1.1) A Money Bill means a Bill which contains only provisions dealing
with all or any of the following matters, namely, the imposition, repeal,
remission, alteration or regulation of taxation; the imposition for
the payment of debt or other financial purposes of charges on public
moneys or the variation or repeal of any such charges; supply; the appropriation,
receipt, custody, issue or audit of accounts of public money; the raising
or guarantee of any loan or the repayment thereof; matters subordinate
and incidental to these matters or any of them.
(1.2) In this definition the expressions "taxation", "public
money" and "loan" respectively do not include any taxation,
money or loan raised by local authorities or bodies for local purposes.
(2.1) The Chairman of the House of Representatives shall certify any
Bill which, in his opinion, is a Money Bill to be a Money Bill, and
his certificate shall, subject to the subsequent provisions of this
section, be final and conclusive.
(2.2) the Senate, by a resolution. passed at a sitting at which not
less than thirty members are present, may request the President to refer
the question whether the Bill is or is not a Money Bill to a Committee
of Privileges.
(2.3) If the President after consultation with the Council of State
decides to accede to the request he shall appoint a Committee of Privilege
consisting of an equal number of members of the House of Representatives
and of the Senate and a Chairman who shall be a judge of the Supreme
Court: these appointments shall be made after consultation with the
Council of State. In the case of an equality of votes but not otherwise
the chairman shall be entitled to vote.
(2.4) The President shall refer the question to the Committee of Privileges
so appointed and the Committee shall report its decision thereon to
the President within twenty-one days after the day on which the Bill
was sent to the Senate.
(2.5) The decision of the Committee shall be final and conclusive.
(2.6) If the President after consultation with the Council of
State decides not to accede to the request of the Senate, or if the
Committee of Privileges fails to report within the time hereinbefore
specified the certificate of the Chairman of the House of Representatives
shall stand confirmed.
[Part 4] Time for Consideration of Bills
Article 23 [Timing]
(1) This article applies to every Bill passed by the House of Representatives
and sent to the Senate other than a Money Bill or a Bill the time for
the consideration of which by the Senate shall have been abridged under
Article 24.
(1.1) Whenever a Bill to which this article applies is within the stated
period defined in the next following subsection either rejected by the
Senate or passed by the Senate with amendments to which the House of
Representatives does not agree or is neither passed (with or without
amendment) nor rejected by the Senate within the stated period, the
Bill shall, if the House of Representatives so resolves within one hundred
and eighty days after the expiration of the stated period be deemed
to have been passed by both Houses of Parliament on the day on which
the resolution is passed.
(1.2) The stated period is the period of ninety days commencing on the
day on which the Bill is first sent by the House of Representatives
to the Senate or any longer period agreed upon in respect of the Bill
by both Houses of Parliament.
(2.1) The preceding section of this article shall apply to a Bill which
is initiated in and passed by the Senate, amended by the House of Representatives,
and accordingly deemed to have been initiated in the House of Representatives.
(2.2) For the purpose of this application the stated period shall in
relation to such a Bill commence on the day on which the Bill is first
sent to the Senate after having been amended by the House of Representatives.
Article 24 [Certification, Urgency]
(1) If and whenever on the passage by the House of Representatives
of any Bill, other than a Bill expressed to be a Bill containing a proposal
to amend the Constitution, the Prime Minister certifies by messages
in writing addressed to the President and to the Chairman of each House
of Parliament that, in the opinion of the Government, the Bill is urgent
and immediately necessary for the preservation of the public peace and
security, or by reason of the existence of a public emergency, whether
domestic or international, the time for the consideration of such Bill
by the Senate shall, if the House of Representatives so resolves and
if the President, after consultation with the Council of State, concurs,
be abridged to such period as shall be specified in the resolution.
(2) Where a Bill, the time for the consideration of which by the Senate
has been abridged under this article,
(a) is, in the case of a Bill which is not a Money Bill, rejected by
the Senate or passed by the Senate with amendments to which the House
of Representatives does not agree or neither passed nor rejected by
the Senate, or
(b) is, in the case of a Money Bill, either returned by the Senate to
the House of Representatives with recommendations which the House of
Representatives does not accept or is not returned by the Senate to
the House of Representatives, within the period specified in the resolution,
the Bill shall be deemed to have been passed by both Houses of Parliament
at the expiration of that period.
(3) When a Bill the time for the consideration of which by the Senate
has been abridged under this article becomes law it shall remain in
force for a period of ninety days from the date of its enactment and
no longer unless, before the expiration of that
period, both Houses shall have agreed that such law shall remain in
force for a longer period and the longer period so agreed upon shall
have been specified in resolutions passed by both Houses.
[Part 5] Signing and Promulgation of Laws
Article 25 [Promulgation]
(1) As soon as any Bill, other than a Bill expressed to be a Bill containing
a proposal for the amendment of this Constitution, shall have been passed
or deemed to have been passed by both Houses of Parliament, the Prime
Minister shall present it to the President for his signature and for
promulgation by him as a law in accordance with the provisions of this
article.
(2.1) Save as otherwise provided by this Constitution, every Bill so
presented to the President for his signature and for promulgation by
him as a law shall be signed by the President not earlier than the fifth
and not later than the seventh day after the date on which the Bill
shall have been presented to him.
(2.2) At the request of the Government, with the prior concurrence of
the Senate, the President may sign any Bill the subject of such request
on a date which is earlier than the fifth day after such date as aforesaid
(3) Every Bill the time for the consideration of which by the Senate
shall have been abridged under Article 24 shall be signed by the President
on the day on which such Bill is presented to him for signature and
promulgation as a law.
(4.1) Every Bill shall become and be law as on and from the day on which
it is signed by the President under this Constitution, and shall, unless
the contrary intention appears, come into operation on that day.
(4.2) Every Bill signed by the President under this Constitution shall
be promulgated by him as a law by the publication by his direction of
a notice in the Government Gazette stating that the Bill has become
law.
(4.3) Every Bill shall be signed by the President in the text in which
it was passed or deemed to have been passed by both Houses of Parliament,
and if a Bill is so passed or deemed to have been passed in both the
official languages, the President shall sign the text of the Bill in
each of those languages.
(4.4) Where the President signs the text of a Bill in one only of the
official languages, an official translation shall be issued in the other
official language.
(4.5) As soon as may be after the signature and promulgation of a Bill
as a law, the text of such law which was signed by the President or,
where the President has signed the text of such law in each of the official
languages, both the signed texts shall be enrolled for record in the
office of the Registrar of the Supreme Court, and the text, or both
the texts, so enrolled shall be conclusive evidence of the provisions
of such law.
(4.6) In case of conflict between the texts of a law enrolled under
this section in both the official languages, the text in the national
language shall prevail.
(5.1) It shall be lawful for the Prime Minister, from time to time as
occasion appears to him to require, to cause to be prepared under his
supervision a text (in both the official languages) of this Constitution
as then in force embodying all amendments theretofore made therein.
(5.2) A copy of every text so prepared, when authenticated by the signatures
of the Prime Minister and the Chief Justice, shall be signed by the
President and shall be enrolled for record in the office of the Registrar
of the Supreme Court.
(5.3) The copy so signed and enrolled which is for the time being the
latest text so prepared shall, upon such enrolment, be conclusive evidence
of this Constitution as at the date of such enrolment and shall for
that purpose supersede all texts of this
Constitution of which copies were previously so enrolled.
(5.4) In case of conflict between the texts of any copy of this Constitution
enrolled under this section, the text in the national language shall
prevail.
[Part 6] Reference of Bills to the Supreme Court
Article 26 [Review]
(0) This article applies to any Bill passed or deemed to have been
passed by both Houses of Parliament other than a Money Bill, or a Bill
expressed to be a Bill containing a proposal to amend the Constitution,
or a Bill the time for the consideration of which by the Senate shall
have been abridged under Article 24.
(1.1) The President may, after consultation with the Council of State,
refer any Bill to which this article applies to the Supreme Court for
a decision on the question as to whether such Bill or any specified
provision or provisions of such Bill is or are repugnant to this Constitution
or to any provision thereof.
(1.2) Every such reference shall be made not later than the seventh
day after the date on which such Bill have been presented by the Prime
Minister to the President for his signature.
(1.3) The President shall not sign any Bill the subject of a reference
to the Supreme Court under this article pending the pronouncement of
the decision of the Court.
(2.1) The Supreme Court consisting of not less than five judges shall
consider every question referred to it by the President under this article
for a decision, and, having heard arguments by or on behalf of the Attorney
General and by counsel assigned by the Court, shall pronounce its decision
on such question in open court as soon as may be, and in any case not
later than sixty days after the date of such reference.
(2.2) The decision of the majority of the judges of the Supreme Court
shall, for the purposes of this article, be the decision of the Court
and shall be pronounced by such one of those judges as the Court shall
direct, and no other opinion, whether assenting or dissenting, shall
be pronounced nor shall the existence of any such other opinion be disclosed.
(3.1) In every case in which the Supreme Court decides that any provision
of a Bill the subject of a reference to the Supreme Court under this
article is repugnant to this Constitution or to any provision thereof,
the President shall decline to sign such Bill.
(3.2) If, in the case of a Bill to which Article 27 applies, a petition
has been addressed to the President under that article, that article
shall be complied with.
(3.3) In every other case the President shall sign the Bill as soon
as may be after the date on which the decision of the Supreme Court
shall have been pronounced.
[Part 7] Reference of Bills to the People
Article 27 [Request of Veto]
(0) This article applies to any Bill, other than a Bill expressed to
be a Bill containing a proposal for the amendment of this Constitution,
which shall have been deemed, by virtue of Article 23 hereof, to have
been passed by both Houses of Parliament.
(1) A majority of the members of the Senate and not less than one-third
of the members of the House of Representatives may by a joint petition
addressed to the President by them under this article request the President
to decline to sign and promulgate as a law any Bill to which this article
applies on the ground that the Bill contains a proposal of such national
importance that the will of the people thereon ought to be ascertained.
(2) Every such petition shall be in writing and shall be signed by the
petitioners whose signatures shall be verified in the manner prescribed
by law.
(3) Every such petition shall contain a statement of the particular
ground or grounds on which the request is based, and shall be presented
to the President not later than four days after the date on which the
Bill shall have been deemed to have been passed by both Houses of Parliament.
(4.1) Upon receipt of a petition addressed to him under this article,
the President shall forthwith consider such petition and shall, after
consultation with the Council of State, pronounce his decision thereon
not later than ten days after the date on which the Bill to which such
petition relates shall have been deemed to have been passed by both
Houses of Parliament.
(4.2) If the Bill or any provision thereof is or has been referred to
the Supreme Court under Article 26, it shall not be obligatory on the
President to consider the petition unless or until the Supreme Court
has pronounced a decision on such reference to the effect that the said
Bill or the said provision thereof is not repugnant to this Constitution
or to any provision thereof, and, if a decision to that effect is pronounced
by the Supreme Court, it shall not be obligatory on the President to
pronounce his decision on the petition before the expiration of six
days after the day on which the decision of the Supreme Court to the
effect aforesaid is pronounced.
(5.1) In every case in which the President decides that a Bill the subject
of a petition under this article contains a proposal of such national
importance that the will of the people thereon ought to be ascertained,
he shall inform the Prime Minister and the Chairman of each House of
Parliament accordingly in writing under his hand and Seal and shall
decline to sign and promulgate such Bill as a law unless and until the
proposal shall have been approved either
(i) by the people at a Referendum in accordance with the provisions
of Article 47 (2) within a period of eighteen months from the date of
the President's decision, or
(ii) by a resolution of the House of Representatives passed within the
said period after a dissolution and reassembly of the House of Representatives.
(5.2) Whenever a proposal contained in a Bill the subject of a petition
under this article shall have been approved either by the people or
by a resolution of the House of Representatives in accordance with the
foregoing provisions of this section, such Bill shall as soon as may
be after such approval be presented to the President for his signature
and promulgation by him as a law and the President shall thereupon sign
the Bill and duly promulgate it as a law.
(6) In every case in which the President decides that a Bill the subject
of a petition under this article does not contain a proposal of such
national importance that the will of the people thereon ought to be
ascertained, he shall inform the Prime Minister and the Chairman of
each House of Parliament accordingly in writing under his hand and Seal,
and such Bill shall be signed by the President not later than eleven
days after the date on which the Bill shall have been deemed to have
been passed by both Houses of Parliament and shall be duly promulgated
by him as a law.
[Chapter V] The Government
Article 28 [Constitution, Functions]
(1) The Government shall consist of not less than seven and not more
than fifteen members who shall be appointed by the President in accordance
with the provisions of this Constitution.
(2) The executive power of the State shall, subject to the provisions
of this Constitution, be exercised by or on the
authority of the Government.
(3.1) War shall not be declared and the State shall not participate
in any war save with the assent of the House of Representatives.
(3.2) In the case of actual invasion, however, the Government may take
whatever steps they may consider necessary for the protection of the
State, and the House of Representatives if not sitting shall be summoned
to meet at the earliest practicable date.
(3.3) Nothing in this Constitution shall be invoked to invalidate any
law enacted by Parliament which is expressed to be for the purpose of
securing the public safety and the preservation of the State in time
of war or armed rebellion, or to nullify any act done or purporting
to be done in time of war or armed rebellion in pursuance of any such
law. In this subsection "time of war" includes a time when
there is taking place an armed conflict in which the State is not a
participant but in respect of which each of the Houses of Parliament
shall have resolved that, arising out of such armed conflict, a national
emergency exists affecting the vital interests of the State and "time
of war or armed rebellion" includes such time after the termination
of any war, or of any such armed conflict as aforesaid, or of an armed
rebellion, as may elapse until each of the Houses of Parliament shall
have resolved that the national emergency occasioned by such war, armed
conflict, or armed rebellion has ceased to exist.
(4.1) The Government shall be responsible to the House of Representatives.
(4.2) The Government shall meet and act collective authority, and shall
be collectively responsible for the Departments of State administered
by the members of the Government.
(4.3) The Government shall prepare Estimates of the Receipts and Estimates
of the Expenditure of the State for each financial year, and shall present
them to the House of Representatives for consideration.
(5.1) The head of the Government shall be called, and is in this Constitution
referred to, as the Prime Minister.
(5.2) The Prime Minister shall keep the President generally informed
on matters of domestic and international policy.
(6.1) The Prime Minister shall nominate a member of the Government to
be the Vice Prime Minister.
(6.2) The Vice Prime Minister shall act for all purposes in the place
of the Prime Minister if the Prime Minister should die, or become permanently
incapacitated, until a new Prime Minister shall have been appointed.
(6.3) The Vice Prime Minister shall also act for or in the place of
the Prime Minister during the temporary absence of the Prime Minister.
(7.1) The Prime Minister, the Vice Prime Minister and the member of
the Government who is in charge of the Department of Finance must be
members of the House of Representatives.
(7.2) The other members of the Government must be members of the House
of Representatives or the Senate, but not more than two may be members
of the Senate.
(8) Every member of the Government shall have the right to attend and
be heard in each House of Parliament.
(9.1) The Prime Minister may resign from office at any time by placing
his resignation in the hands of the President.
(9.2) Any other member of the Government may resign from office by placing
his resignation in the hands of the Prime Minister for submission to
the President.
(9.3) The President shall accept the resignation of a member of the
Government, other than the Prime Minister, if so advised by the Prime
Minister.
(9.4) The Prime Minister may at any time, for reasons which to him seem
sufficient, request a member of the Government to
resign; should the member concerned fail to comply with the request,
his appointment shall be terminated by the President if the Prime Minister
so advises.
(10) The Prime Minister shall resign from office upon his ceasing to
retain the support of a majority in the House of Representatives unless
on his advice the President dissolves the House of Representatives and
on the reassembly of the House of Representatives after the dissolution
the Prime Minister secures the support of a majority in the House of
Representatives.
(11.1) If the Prime Minister at any time resigns from office the other
members of the Government shall be deemed also to have resigned from
office, but the Prime Minister and the other members of the Government
shall continue to carry on their duties until their successors shall
have been appointed.
(11.2) The members of the Government in office at the date of a dissolution
of the House of Representatives shall continue to hold office until
their successors shall have been appointed.
(12) The following matters shall be regulated in accordance with law,
namely, the organization of, and distribution of business amongst, Departments
of State, the designation of members of the Government to be the Ministers
in charge of the said Departments, the discharge of the functions of
the office of a member of the Government during his temporary absence
or incapacity, and the remuneration of the members of the Government.
[Chapter VI] International Relations
Article 29 [Peace, Principles of International Law]
(1) Ireland affirms its devotion to the ideal of peace and friendly
co-operation amongst nations founded on international justice and morality.
(2) Ireland affirms its adherence to the principle of the pacific settlement
of international disputes by international arbitration or judicial determination.
(3) Ireland accepts the generally recognized principles of international
law as its rule of conduct in its relations with other States.
(4.1) The executive power of the State in or in connection with its
external relations shall in accordance with Article 28 be exercised
by or on the authority of the Government.
(4.2) For the purpose of the exercise of any executive function of the
State in or in connection with its external relations, the Government
may to such extent and subject to such conditions, if any, as may be
determined by law, avail of or adopt any organ, instrument, or method
of procedure used or adopted for the like purpose by the members of
any group or league of nations with which the State is or becomes associated
for the purpose of international co-operation in matters of common concern.
(4.3) The State may become a member of the European Coal and Steel Community
(established by Treaty signed at Paris on the 18th day of April, 1951),
the European Economic Community (established by Treaty signed at Rome
on March 25, 1957) and the European Atomic Energy Community (established
by Treaty signed at Rome on March 25, 1957). The State may ratify the
Single European Act (signed on behalf of the Member States of the Communities
at Luxembourg on the 17th day of February, 1986, and at the Hague on
February 28, 1986). The State may ratify the Treaty on European Union
signed at Maastricht on the 7th day of February 1992 and may become
a member of that Union. No provision of this Constitution invalidates
laws enacted, acts done or measures adopted by the State necessitated
by the obligations of membership of the European Communities or of the
Communities or prevents laws enacted, acts done or measures adopted
by the European Union or by the Communities, or institutions thereof,
or by bodies competent under the Treaties establishing the Communities,
from having the force of law in the State. The State may ratify the
Agreement relating to Community Patents drawn up between the Member
States of the Communities and done at Luxembourg on the 15th day of
December, 1989.
(5.1) Every international agreement to which the State becomes a party
shall be laid before the House of Representatives.
(5.2) The State shall not be bound by any international agreement involving
a charge upon public funds unless the terms of the agreement shall have
been approved by the House of Representatives.
(5.3) This section shall not apply to agreements or conventions of a
technical and administrative character.
(6) No international agreement shall be part of the domestic law of
the State save as may be determined by Parliament.
[Chapter VII] The Attorney General
Article 30 [Functions, Appointment]
(1) There shall be an Attorney General who shall be the adviser of
the Government in matters of law and legal opinion, and shall exercise
and perform all such powers, functions and duties as are conferred or
imposed on him by this Constitution or by law.
(2) The Attorney General shall be appointed by the President on the
nomination of the Prime Minister.
(3) All crimes and offenses prosecuted in any court constituted under
Article 34 other than a court of summary jurisdiction shall be prosecuted
in the name of the People and at the suit of the Attorney General or
some other person authorized in accordance with law to act for that
purpose.
(4) The Attorney General shall not be a member of the Government.
(5.1) The Attorney General may at any time resign from office by placing
his resignation in the hands of the Prime Minister for submission to
the President.
(5.2) The Prime Minister may, for reasons which to him seem sufficient,
request the resignation of the Attorney General.
(5.3) In the event of failure to comply with the request, the appointment
of the Attorney General shall be terminated by the President if the
Prime Minister so advises.
(5.4) The Attorney General shall retire from office upon the resignation
of the Prime Minister, but may continue to carry on his duties until
the successor to the Prime Minister shall have been appointed.
(6) Subject to the foregoing provisions of this article, the office
of Attorney General, including the remuneration to be paid to the holder
of the office, shall be regulated by law.
[Chapter VIII] The Council of State
Article 31 [Functions, Constitution]
(1) There shall be a Council of State to aid and counsel the President
on all matters on which the President may consult the said Council in
relation to the exercise and performance by him of such of his powers
and functions as are by this Constitution expressed to be exercisable
and performable after consultation with the Council of State, and to
exercise such other functions as are conferred on the said Council by
this Constitution.
(2) The Council of State shall consist of the following members:
(i) As ex-officio members: the Prime Minister, the Vice Prime Minister,
the Chief Justice, the President of the High Court, the Chairman of
the House of Representatives, the Chairman of the
Senate, and the Attorney General.
(ii) Every person able and willing to act as a member of the Council
of State who shall have held the office of President, or the office
of Prime Minister, or the office of Chief Justice, or the office of
President of the Executive Council of Ireland.
(iii) Such other persons, if any, as may be appointed by the President
under this article to be members of the Council of State.
(3) The President may at any time and from time to time by warrant under
his hand and Seal appoint such other persons as, in his absolute discretion,
he may think fit, to be members of the Council of State, but not more
than seven persons so appointed shall be members of the Council of State
at the same time. 4. Every member of the Council of State shall at the
first meeting thereof which he attends as a member take and subscribe
a declaration in the following form:
"In the presence of Almighty God I, , do solemnly and sincerely
promise and declare that I will faithfully and conscientiously fulfill
my duties as a member of the Council of State."
(5) Every member of the Council of State appointed by the President,
unless he previously dies, resigns, becomes permanently incapacitated,
or is removed from office, shall hold office until the successor of
the President by whom he was appointed shall have entered upon his office.
(6) Any member of the Council of State appointed by the President may
resign from office by placing his resignation in the hands of the President.
(7) The President may, for reasons which to him seem sufficient, by
an order under his hand and Seal, terminate the appointment of any member
of the Council of State appointed by him.
(8) Meetings of the Council of State may be convened by the President
at such times and places as he shall determine.
Article 32 [Consultation]
The President shall not exercise or perform any of the powers or functions
which are by this Constitution expressed to be exercisable or performable
by him after consultation with the Council of State unless, and on every
occasion before so doing, he shall have convened a meeting of the Council
of State and the members present at such meeting shall have been heard
by him.
[Chapter IX] The Comptroller and Auditor General
Article 33 [Functions, Appointment]
(1) There shall be a Comptroller and Auditor General to control on
behalf of the State all disbursements and to audit all accounts of moneys
administered by or under the authority of Parliament.
(2) The Comptroller and Auditor General shall be appointed by the President
on the nomination of the House of Representatives.
(3) The Comptroller and Auditor General shall not be a member of either
House of Parliament and shall not hold any other office or position
of emolument.
(4) The Comptroller and Auditor General shall report to the House of
Representatives at stated periods as determined by law.
(5.1) The Comptroller and Auditor General shall not be removed from
office except for stated misbehavior or incapacity, and then only upon
resolutions passed by the House of Representatives and by the Senate
calling for his removal.
(5.2) The Prime Minister shall duly notify the President of any such
resolutions as aforesaid passed by the House of Representatives and
by the Senate and shall send him a copy of
each such resolution certified by the Chairman of the House of Parliament
by which it shall have been passed.
(5.3) Upon receipt of such notification and of copies of such resolutions,
the President shall forthwith, by an order under his hand and Seal,
remove the Comptroller and Auditor General from office.
(6) Subject to the foregoing, the terms and conditions of the office
of Comptroller and Auditor General shall be determined by law.
[Chapter X] The Courts
Article 34 [Publicity]
(1) Justice shall be administered in courts established by law by judges
appointed in the manner provided by this Constitution, and, save in
such special and limited cases as may be prescribed by law, shall be
administered in public.
(2) The Courts shall comprise Courts of First Instance and a Court of
Final Appeal.
(3.1) The Courts of First Instance shall include a High Court invested
with full original jurisdiction in and power to determine all matters
and questions whether of law or fact, civil or criminal.
(3.2) Save as otherwise provided by this article, the jurisdiction of
the High Court shall extend to the question of the validity of any law
having regard to the provisions of this Constitution, and no such question
shall be raised (whether by pleading, argument or otherwise) in any
Court established under this or any other article of this Constitution
other than the High Court or the Supreme Court.
(3.3) No Court whatever shall have jurisdiction to question the validity
of a law, or any provision of a law, the Bill for which shall have been
referred to the Supreme Court by the President under Article 26, or
to question the validity of a provision of a law where the corresponding
provision in the Bill for such law shall have been referred to the Supreme
Court by the President under the said Article 26.
(3.4) The Courts of First Instance shall also include Courts of local
and limited jurisdiction with a right of appeal as determined by law.
(4.1) The Court of Final Appeal shall be called the Supreme Court.
(4.2) The president of the Supreme Court shall be called the Chief Justice.
(4.3) The Supreme Court shall, with such exceptions and subject to such
regulations as may be prescribed by law, have appellate jurisdiction
from all decisions of the High Court, and shall also have appellate
jurisdiction from such decisions of other courts as may be prescribed
by law.
(4.4) No law shall be enacted excepting from the appellate jurisdiction
of the Supreme Court cases which involve questions as to the validity
of any law having regard to the provisions of this Constitution.
(4.5) The decision of the Supreme Court on a question as to the validity
of a law having regard to the provisions of this Constitution shall
be pronounced by such one of the judges of that Court as that Court
shall direct, and no other opinion on such question, whether assenting
or dissenting, shall be pronounced, nor shall the existence of any such
other opinion be disclosed.
(4.6) The decision of the Supreme Court shall in all cases be final
and conclusive.
(5.1) Every person appointed a judge under this Constitution shall make
and subscribe the following declaration:
"In the presence of Almighty God I, do solemnly and sincerely promise
and declare that I will duly and faithfully and to the best of my knowledge
and power execute the office of Chief Justice (or as the case may be)
without fear or favor, affection or ill-will towards any man, and that
I will uphold the Constitution and the laws. May God direct and sustain
me."
(5.2) This declaration shall be made and subscribed by the Chief Justice
in the presence of the President, and by each of the other judges of
the Supreme Court, the judges of the High Court and the judges of every
other Court in the presence of the Chief Justice or the senior available
judge of the Supreme Court in open court.
(5.3) The declaration shall be made and subscribed by every judge before
entering upon his duties as such judge, and in any case not later than
ten days after the date of his appointment or such later date as may
be determined by the President.
(5.4) Any judge who declines or neglects to make such declaration as
aforesaid shall be deemed to have vacated his office.
Article 35 [Judges by Appointment]
(1) The judges of the Supreme Court, the High Court and all other Courts
established in pursuance of Article 34 hereof shall be appointed by
the President.
(2) All judges shall be independent in the exercise of their judicial
functions and subject only to this Constitution and the law.
(3) No judge shall be eligible to be a member of either House of Parliament
or to hold any other office or position of emolument.
(4.1) A judge of the Supreme Court or the High Court shall not be removed
from office except for stated misbehavior or incapacity, and then only
upon resolutions passed by the House of Representatives and by the Senate
calling for his removal.
(4.2) The Prime Minister shall duly notify the President of any such
resolutions passed by the House of Representatives and by the Senate,
and shall send him a copy of every such resolution certified by the
Chairman of the House of Parliament by which it shall have been passed.
(4.3) Upon receipt of such notification and of copies of such resolutions,
the President shall forthwith, by an order under his hand and Seal,
remove from office the judge to whom they relate.
(5) The remuneration of a judge shall not be reduced during his continuance
in office.
Article 36 [Organization by Law]
Subject to the foregoing provisions of this Constitution relating to
the Courts, the following matters shall be regulated in accordance with
law, that is to say:
(i) the number of judges of the Supreme Court, and of the High Court,
the remuneration, age of retirement and pensions of such judges,
(ii) the number of the judges of all other Courts, and their terms of
appointment, and
(iii) the constitution and organization of the said Courts, the distribution
of jurisdiction and business among the said Courts and judges, and all
matters of procedure.
Article 37 [No Invalidation]
(1) Nothing in this Constitution shall operate to invalidate the exercise
of limited functions and powers of a judicial nature, in matters other
than criminal matters, by any person or body of persons duly authorized
by law to exercise such functions and powers, notwithstanding that such
person or such body of persons is not a judge or a court appointed or
established as such under this Constitution.
(2) No adoption of a person taking effect or expressed to take
effect at any time after the coming into operation of this Constitution
under laws enacted by Parliament and being an adoption pursuant to an
order made or an authorization given by any person or body of persons
designated by those laws to exercise such functions and powers was or
shall be invalid by reason only of the fact that such person or body
of persons was not a judge or a court appointed or established as such
under this Constitution.
[Chapter XI] Trial of Offenses
Article 38 [Due Process]
(1) No person shall be tried on any criminal charge save in due course
of law.
(2) Minor offenses may be tried by courts of summary jurisdiction.
(3.1) Special courts may be established by law for the trial of offenses
in cases where it may be determined in accordance with such law that
the ordinary courts are inadequate to secure the effective the effective
administration of justice, and the preservation of public peace and
order.
(3.2) The constitution, powers, jurisdiction and procedure of such special
courts shall be prescribed by law.
(4.1) Military tribunals may be established for the trial of offenses
against military law alleged to have been committed by persons while
subject to military law and also to deal with a state of war or armed
rebellion.
(4.2) A member of the Defence Forces not on active service shall not
be tried by any court martial or other military tribunal for an offence
cognisable by the civil courts unless such offence is within the jurisdiction
of any court martial or other military tribunal under any law for the
enforcement of military discipline.
(5) Save in the case of the trial of offenses under Section (2), (3)
or (4) no person shall be tried on any criminal charge without a jury.
(6) The provisions of Articles 34 and 35 shall not apply to any court
or tribunal set up under Section (3) or (4) of this article.
Article 39 [Treason]
Treason shall consist only in levying war against the State, or assisting
any State or person or inciting or conspiring with any person to levy
war against the State, or attempting by force of arms or other violent
means to overthrow the organs of government established by this Constitution,
or taking part or being concerned in or inciting or conspiring with
any person to make or to take part or be concerned in any such attempt.
[Chapter XII] Fundamental Rights
Article 40 Personal Rights
(1) All citizens shall, as human persons, be held equal before the
law. This shall not be held to mean that the State shall not in its
enactments have due regard to differences of capacity, physical and
moral, and of social function.
(2.1) Titles of nobility shall not be conferred by the State.
(2.2) No title of nobility or of honor may be accepted by any citizen
except with the prior approval of the Government.
(3.1) The State guarantees in its laws to respect, and, as far as practicable,
by its laws to defend and vindicate the personal rights of the citizen.
(3.2) The State shall, in particular, by its laws protect as best it
may from unjust attack and, in the case of injustice done, vindicate
the life, person, good name, and property rights of every citizen.
(3.3) The State acknowledges the right to life of the unborn and, with
due regard to the equal right to life of the mother, guarantees in its
laws to respect, and, as far as practicable, by its laws to defend and
vindicate that right. This subsection shall not limit freedom to travel
between the State and another state. This subsection shall not limit
freedom to obtain or make available, in the State, subject to such conditions
as may be laid down by law, information relating to services lawfully
available in another state.
(4.1) No citizen shall be deprived of his personal liberty save in accordance
with law.
(4.2) Upon complaint being made by or on behalf of any person to the
High Court or any judge thereof alleging that such person is being unlawfully
detained, the High Court and any and every judge thereof to whom such
complaint is made shall forthwith enquire into the said complaint and
may order the person in whose custody such person is detained to produce
the body of such person before the High Court on a named day and to
certify in writing the grounds of his detention, and the High Court
shall, upon the body of such person being produced before that Court
and after giving the person in whose custody he is detained an opportunity
of justifying the detention, order the release of such person from such
detention unless satisfied that he is being detained in accordance with
the law.
(4.3) Where the body of a person alleged to be unlawfully detained is
produced before the High Court in pursuance of an order in that behalf
made under this section and that Court is satisfied that such person
is being detained in accordance with a law but that such law is invalid
having regard to the provisions of this Constitution, the High Court
shall refer the question of the validity of such law to the Supreme
Court by way of case stated and may, at the time of such reference or
at any time thereafter, allow the said person to be at liberty on such
bail and subject to such conditions as the High Court shall fix until
the Supreme Court has determined the question so referred to it.
(4.4) The High Court before which the body of a person alleged to be
unlawfully detained is to be produced in pursuance of an order in that
behalf made under this section shall, if the President of the High Court
or, if he is not available, the senior judge of that Court who is available
so directs in respect of any particular case, consist of three judges
and shall, in every other case, consist of one judge only.
(4.5) Where an order is made under this section by the High Court or
a judge thereof for the production of the body of a person who is under
sentence of death, the High Court or such judge thereof shall further
order that the execution of the said sentence of death shall be deferred
until after the body of such person has been produced before the High
Court and the lawfulness of his detention has been determined and if,
after such deferment, the detention of such person is determined to
be lawful, the High Court shall appoint a day for the execution of the
said sentence of death and that sentence shall have effect with the
substitution of the day so appointed for the day originally fixed for
the execution thereof.
(4.6) Nothing in this section, however, shall be invoked to prohibit,
control, or interfere with any act of the Defence Forces during the
existence of a state of war or armed rebellion.
(5) The dwelling of every citizen is inviolable and shall not be forcibly
entered save in accordance with law.
(6.1) The State guarantees liberty for the exercise of the following
rights, subject to public order and morality:--
(i) The right of the citizens to express freely their convictions and
opinions.
The education of public opinion being, however, a matter of
such grave import to the common good, the State shall endeavor to ensure
that organs of public opinion, such as the radio, the press, the cinema,
while preserving their rightful liberty of expression, including criticism
of Government policy, shall not be used to undermine public order or
morality or the authority of the State.
The publication or utterance of blasphemous, seditious, or indecent
matter is an offence which shall be punishable in accordance with law.
(ii) The right of the citizens to assemble peaceably and without arms.
Provision may be made by law to prevent or control meetings which are
determined in accordance with law to be calculated to cause a breach
of the peace or to be a danger or nuisance to the general public and
to prevent or control meetings in the vicinity of either House of Parliament.
(iii) The right of the citizens to form associations and unions.
Laws, however, may be enacted for the regulation and control in the
public interest of the exercise of the foregoing right.
(6.2) Laws regulating the manner in which the right of forming associations
and unions and the right of free assembly may be exercised shall contain
no political, religious or class discrimination.
Article 41 Family
(1.1) The State recognizes the Family as the natural primary and fundamental
unit group of Society, and as a moral institution possessing inalienable
and imprescriptible rights, antecedent and superior to all positive
law.
(1.2) The State, therefore, guarantees to protect the Family in its
constitution and authority, as the necessary basis of social order and
as indispensable to the welfare of the Nation and the State.
(2.1) In particular, the State recognizes that by her life within the
home, woman gives to the State a support without which the common good
cannot be achieved.
(2.2) The State shall, therefore, endeavor to ensure that mothers shall
not be obliged by economic necessity to engage in labor to the neglect
of their duties in the home.
(3.1) The State pledges itself to guard with special care the institution
of Marriage, on which the Family is founded, and to protect it against
attack.
(3.2) A Court designated by law may grant a dissolution of marriage
where, but only where, it is satisfied that -
(i) at the date of the institution of the proceedings, the spouses have
lived apart from one another for a period of, or periods amounting to,
at least four years during the previous five years,
(ii) there is no reasonable prospect of a reconciliation between the
spouses,
(iii) such provision as the Court considers proper having regard to
the circumstances exists or will be made for the spouses, any children
of either or both of them and any other person prescribed by law, and
(iv) any further conditions prescribed by law are complied with. (3.3)
No person whose marriage has been dissolved under the civil law of any
other State but is a subsisting valid marriage under the law for the
time being in force within the jurisdiction of the Government and Parliament
established by this Constitution shall be capable of contracting a valid
marriage within that jurisdiction during the lifetime of the other party
to the marriage so dissolved.
Article 42 Education
(1) The State acknowledges that the primary and natural educator of
the child is the Family and guarantees to respect the
inalienable right and duty of parents to provide, according to their
means, for the religious and moral, intellectual, physical and social
education of their children.
(2) Parents shall be free to provide this education in their homes or
in private schools or in schools recognized or established by the State.
(3.1) The State shall not oblige parents in violation of their conscience
and lawful preference to send their children to schools established
by the State, or to any particular type of school designated by the
State.
(3.2) The State shall, however, as guardian of the common good, require
in view of actual conditions that the children receive a certain minimum
education. moral. intellectual and social.
(4) The State shall provide for free primary education and shall endeavor
to supplement and give reasonable aid to private and corporate educational
initiative, and, when the public good requires it, provide other educational
facilities or institutions with due regard, however, for the rights
of parents, especially in the matter of religious and moral formation
.
(5) In exceptional cases, where the parents for physical or moral reasons
fail in their duty towards their children, the State as guardian of
the common good, by appropriate means shall endeavor to supply the place
of the parents, but always with due regard for the natural and imprescriptible
rights of the child.
Article 43 Private Property
(1.1) The State acknowledges that man, in virtue of his rational being,
has the natural right, antecedent to positive law, to the private ownership
of external goods.
(1.2) The State accordingly guarantees to pass no law attempting to
abolish the right of private ownership or the general right to transfer,
bequeath, and inherit property.
(2.1) The State recognizes, however, that the exercise of the rights
mentioned in the foregoing provisions of this article ought, in civil
society, to be regulated by the principles of social justice.
(2.2) The State, accordingly, may as occasion requires delimit by law
the exercise of the said rights with a view to reconciling their exercise
with the exigencies of the common good.
Article 44 Religion
(1) The State acknowledges that the homage of public worship is due
to Almighty God. It shall hold His Name in reverence, and shall respect
and honor religion.
(2.1) Freedom of conscience and the free profession and practice of
religion are, subject to public order and morality, guaranteed to every
citizen.
(2.2) The State guarantees not to endow any religion.
(2.3) The State shall not impose any disabilities or make any discrimination
on the ground of religious profession, belief or status.
(2.4) Legislation providing State aid for schools shall not discriminate
between schools under the management of different religious denominations,
nor be such as to affect prejudicially the right of any child to attend
a school receiving public money without attending religious instruction
at that school.
(2.5) Every religious denomination shall have the right to manage its
own affairs, own, acquire and administer property, movable and immovable,
and maintain institutions for religious or charitable purposes.
(2.6) The property of any religious denomination or any educational
institution shall not be diverted save for necessary works of public
utility and on payment of compensation.
[Chapter XIII] Directive principles of social policy
Article 45 [Social Policy]
(0) The principles of social policy set forth in this article are intended
for the general guidance of Parliament. The application of those principles
in the making of laws shall be the care of Parliament exclusively, and
shall not be cognisable by any Court under any of the provisions of
this Constitution.
(1) The State shall strive to promote the welfare of the whole people
by securing and protecting as effectively as it may a social order in
which justice and charity shall inform all the institutions of the national
life.
(2) The State shall, in particular, direct its policy towards securing:
(i) That the citizens (all of whom, men and women equally, have the
right to an adequate means of livelihood) may through their occupations
find the means of making reasonable provision for their domestic needs.
(ii) That the ownership and control of the material resources of the
community may be so distributed amongst private individuals and the
various classes as best to serve the common good.
(iii) That, especially, the operation of free competition shall not
be allowed so to develop as to result in the concentration of the ownership
or control of essential commodities in a few individuals to the common
detriment.
(iv) That in what pertains to the control of credit the constant and
predominant aim shall be the welfare of the people as a whole.
(v) That there may be established on the land in economic security as
many families as in the circumstances shall be practicable.
(3.1) The State shall favor and, where necessary, supplement private
initiative in industry and commerce.
(3.2) The State shall endeavor to secure that private enterprise shall
be so conducted as to ensure reasonable efficiency in the production
and distribution of goods and as to protect the public against unjust
exploitation.
(4.1) The State pledges itself to safeguard with especial care the economic
interests of the weaker sections of the community, and, where necessary,
to contribute to the support of the infirm, the widow, the orphan, and
the aged.
(4.2) The State shall endeavor to ensure that the strength and health
of workers, men and women, and the tender age of children shall not
be abused and that citizens shall not be forced by economic necessity
to enter avocations unsuited to their sex, age or strength.
[Chapter XIV] Amendment of the Constitution
Article 46 [Amendment]
(1) Any provision of this Constitution may be amended, whether by way
of variation, addition, or repeal, in the manner provided by this article.
(2) Every proposal for an amendment of this Constitution shall be initiated
in the House of Representatives as a Bill, and shall upon having been
passed or deemed to have been passed by both Houses of Parliament, be
submitted by Referendum to the decision of the people in accordance
with the law for the time being in force relating to the Referendum.
(3) Every such Bill shall be expressed to be "An Act to amend the
Constitution".
(4) A Bill containing a proposal or proposals for the amendment of this
Constitution shall not contain any other proposal.
(5) A Bill containing a proposal for the amendment of this Constitution
shall be signed by the President forthwith upon his being satisfied
that the provisions of this article have been complied with in respect
thereof and that such proposal has been duly approved by the people
in accordance with the provisions of Article 47 (1) and shall be duly
promulgated by the President as a law.
[Chapter XV] The Referendum
Article 47 [Referendum]
(1) Every proposal for an amendment of this Constitution which is submitted
by Referendum to the decision of the people shall, for the purpose of
Article 46, be held to have been approved by the people, if, upon having
been so submitted, a majority of the votes cast at such Referendum shall
have been cast in favor of its enactment into law.
(2.1) Every proposal, other than a proposal to amend the Constitution,
which is submitted by Referendum to the decision of the people shall
be held to have been vetoed by the people if a majority of the votes
cast at such Referendum shall have been cast against its enactment into
law and if the votes so cast against its enactment into law shall have
amounted to not less than thirty-three and one-third per cent. of the
voters on the register.
(2.2) Every proposal, other than a proposal to amend the Constitution,
which is submitted by Referendum to the decision of the people shall
for the purposes of Article 27 hereof be held to have been approved
by the people unless vetoed by them in accordance with the provisions
of the foregoing subsection of this section.
(3) Every citizen who has the right to vote at an election for members
of the House of Representatives shall have the right to vote at a Referendum.
(4) Subject as aforesaid, the Referendum shall be regulated by law.
[Chapter XVI] Repeal of Constitution
Article 48 [Repeal of Old Constitution]
The Constitution of Ireland in force immediately prior to the date of
the coming into operation of this Constitution and the Constitution
of the Irish Free State (Ireland) Act. 1922, in so far as that Act or
any provision thereof is then in force shall be and are hereby repealed
as on and from that date.
Article 49 [Repeal of Powers]
(1) All powers, functions, rights and prerogatives whatsoever exercisable
in or in respect of Ireland immediately before the 11th day of December,
1936, whether in virtue of the Constitution then in force or otherwise,
by the authority in which the executive power of Ireland was then vested
are hereby declared to belong to the people.
(2) It is hereby enacted that, save to the extent to which provision
is made by this Constitution or may hereafter be made by law for the
exercise of any such power, function, right or prerogative by any of
the organs established by this Constitution, the said powers, functions,
rights and prerogatives shall not be exercised or be capable of being
exercised in or in respect of the State save only by or on the authority
of the Government.
(3) The Government shall be the successors of the Government of Ireland
as regards all property, assets, rights and liabilities.
Article 50 [Coninuation of Old Laws]
(1) Subject to this Constitution and to the extent to which they are
not inconsistent therewith, the laws in force in Ireland immediately
prior to the date of the coming into operation of
this Constitution shall continue to be of full force and effect until
the same or any of them shall have been repealed or amended by enactment
of Parliament.
(2) Laws enacted before, but expressed to come into force after, the
coming into operation of this Constitution, shall, unless otherwise
enacted by Parliament, come into force in accordance with the terms
thereof.
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