قانون اساسی ایرلند ( انگلیسی ) -Ireland - Constitution
Ireland - Constitution
{ Adopted on: 1 July 1937 }
{ ICL Document Status: 1995 }
{ Editor''s Note
The Amendments 1992 and 1995 have been included by help of G. Manten who also
verified the consolidation of the ICL edition up to 1995. }
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 charrrity٫ 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٫ execccutive 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 charrrges 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 charrrge 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 charrrge 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 charrrge has been preferred by either House of Parliament٫ the
other House shall investigate the charrrge٫ or cause the charrrge to be
investigated.
(10.6) The President shall have the right to appear and to be represented at
the investigation of the charrrge.
(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 charrrge was investigated٫ or caused to be investigated٫
declaring that the charrrge preferred against the President has been sustained
and that the misbehavior٫ the subject of the charrrge٫ 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 charrrge 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 havinggg
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 charrrges on public moneys or the variation or
repeal of any such charrrges; 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 havinggg 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٫ havinggg 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 execccutive 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 charrrge 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
charrrge of the said Departments٫ the discharrrge 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 execccutive 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 execccutive 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 unionnn signed at Maastricht on the 7th day of February
1992 and may become a member of that unionnn. 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 unionnn or by the Communities٫ or institutions thereof٫ or by bodies
competent under the Treaties establishing the Communities٫ from havinggg 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
charrrge 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 charrracter.
(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 execccutive
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 havinggg 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
havinggg 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 havinggg 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 execccute 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 charrrge 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 charrrge 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 havinggg 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
execccution 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 execccution 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 execccution 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 unionnns.
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
unionnns 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
imprescriptttible 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 havinggg 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 imprescriptttible 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 charrritable 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 charrrity 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 havinggg 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 havinggg 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 execccutive 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.
---------------------------------------------------------------------------------------------------------------------------------------------------------------
© 1994 - 9. Jan. 2004 / Thanks to G.H. Manten.
For corrections please contact A. Tschentscher.
