BUNREACHT NA hÉIREANN
CONSTITUTION OF IRELAND Enacted by the People 1st July, 1937
In operation as from 29th December, 1937
This text of the Constitution is a copy of the text enrolled on 27 May, 1999 pursuant to Article 25.5.2° except that:
the Transitory Provisions (Articles 51-63) are omitted as required by their terms; the Irish text has been altered so as to make it conform to modern standardized Irish; the twentieth amendment, enacted subsequent to enrolment, is incorporated; the new Articles 2 and 3 and the new section 8 in Article 29 are inserted pursuant to the provisions of the Nineteenth Amendment of the Constitution Act, 1998; the twenty-first, twenty-third, twenty-sixth and twenty-seventh amendments, enacted subsequent to enrolment have now been incorporated. Amendments effected since the Constitution was enacted in 1937 up to the time of printing of this edition (November 2004) are listed below.
AMENDING ACTS | |
SHORT TITLE |
DATES OF SIGNATURE |
First Amendment of the Constitution Act, 1939 [Extended to conflicts in which the State is not a participant the provision for a state of emergency to secure the public safety and preservation of the State in time of war or armed rebellion.] |
2 September, 1939 |
Second Amendment of the Constitution Act, 1941 [An omnibus proposal, covering a range of disparate Articles, aimed at tidying up the Constitution in the light of experience since its enactment.] |
30 May, 1941 |
Third Amendment of the Constitution Act, 1972 [Allowed the State to become a member of the European Communities.] |
8 June, 1972 |
Fourth Amendment of the Constitution Act, 1972 [Reduced the minimum voting age at Dáil and Presidential elections and referendums from 21 years to 18 years.] |
5 January, 1973 |
Fifth Amendment of the Constitution Act, 1972 [Removed from the Constitution the special position of the Catholic Church and the recognition of other named religious denominations.] |
5 January, 1973 |
Sixth Amendment of the Constitution (Adoption) Act, 1979 [Ensured that adoption orders made by the Adoption Board could not be declared invalid because they were not made by a court.] |
3 August, 1979 |
Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by Institutions of Higher Education) Act, 1979 [Provided for the election of members of Seanad Éireann by universities and other institutions of higher education.] |
3 August, 1979 |
Eighth Amendment of the Constitution Act, 1983 [Acknowledged the right to life of the unborn, with due regard to the equal right to life of the mother.] |
7 October, 1983 |
Ninth Amendment of the Constitution Act, 1984 [Extended the right to vote at Dáil elections to certain non-Irish nationals.] |
2 August, 1984 |
Tenth Amendment of the Constitution Act, 1987 [Allowed the State to ratify the Single European Act.] |
22 June, 1987 |
Eleventh Amendment of the Constitution Act, 1992 [Allowed the State to ratify the Treaty on European Union (Maastricht) and to become a member of that union.] |
16 July, 1992 |
There is no Twelfth Amendment. On 25 November 1992, three proposals were put to the people, the Twelfth, Thirteenth and Fourteenth Amendments. The people rejected the Twelfth (which dealt with the right to life of the unborn) and approved the Thirteenth and Fourteenth (below). | |
Thirteenth Amendment of the Constitution Act, 1992 [Provided that Article 40.3.3° (the right to life of the unborn) would not limit freedom to travel between Ireland and another state] |
23 December, 1992 |
Fourteenth Amendment of the Constitution Act, 1992 [ Provided that Article 40.3.3° ( the right to life of the unborn) would not limit freedom to obtain or make available information relating to services lawfully available in another state.] |
23 December, 1992 |
Fifteenth Amendment of the Constitution Act, 1995 [ Provided for the dissolution of marriage in certain specified circumstances.] |
17 June 1996 |
Sixteenth Amendment of the Constitution Act, 1996 [Provided for the refusal to bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.] |
12 December, 1996 |
Seventeenth Amendment of the Constitution Act, 1997 [Provided that the confidentiality of discussions at meetings of the Government would be respected save only where the High Court, in certain specified circumstances, determined that disclosure should be made] |
14 November, 1997 |
Eighteenth Amendment of the Constitution Act, 1998 [Allowed the State to ratify the Treaty of Amsterdam.] |
3 June, 1998 |
Nineteenth Amendment of the Constitution Act, 1998 [Allowed the State to consent to be bound by the British-Irish Agreement done at Belfast on 10 April 1998 and provided that certain further amendments to the Constitution, notably to Articles 2 and 3, would come into effect when that agreement entered into force.] |
3 June, 1998 |
Twentieth Amendment of the Constitution Act, 1999 [Provided constitutional recognition of the role of local government and that local elections are held at least every five years.] |
23 June, 1999 |
Twenty-first Amendment of the Constitution Act, 2001 [Prohibition of death penalty and removal of references to death penalty]
|
27 March, 2002 |
There is no Twenty–second Amendment of the Constitution. The Twenty–second Amendment of the Constitution Bill, 2001 [relating to the removal of a judge from office and providing for a body to be established by law to investigate or cause to be investigated conduct constituting misbehaviour by a judge or affected by incapacity of a judge] was not passed by the Houses of the Oireachtas.
|
|
Twenty–third Amendment of the Constitution Act, 2001 [Allowing the State to ratify the Rome Statute of the International Criminal Court].
|
27 March, 2002 |
There is no Twenty-fourth Amendment of the Constitution . On 7 June, 2001, three proposals were put to the people, the Twenty-first, Twenty-third and Twenty-fourth Amendments. The people rejected the Twenty-fourth (which dealt with the Treaty of Nice) and approved the Twenty-first and Twenty-third (above). |
|
There is no Twenty-fifth Amendment. On 6 March, 2002, a proposal for the Twenty-fifth Amendment to the Constitution was put to the people and was rejected [Protection of Pregnancy in Human Life]. |
|
Twenty-sixth Amendment of the Constitution Act, 2002. [Allowed the State to ratify the Treaty of Nice]. |
7 November, 2002 |
Twenty-seventh Amendment of the
Constitution Act, 2004.[Irish citizenship
of children of non-national parents] 24 June, 2004
Contents
ARTICLES |
|
|
Preamble |
1-3 |
The Nation |
4-11 |
The State |
12-14 |
The President |
15-27 |
The National Parliament |
15 16-17 18-19 20-27 |
Constitution and Powers Dáil Éireann Seanad Éireann Legislation |
28 |
The Government |
28A |
Local Government |
29 |
International Relations |
30 |
The Attorney General |
31-32 |
The Council of State |
33 |
The Comptroller and Auditor General |
34-37 |
The Courts |
38-39 |
Trial Of Offences |
40-44 |
Fundamental Rights |
40 41 42 43 44 |
Personal Rights The Family Education Private Property Religion |
45 |
Directive Principles of Social Policy |
46 |
Amendment of the Constitution |
47 |
The Referendum |
48-50 |
Repeal of Constitution of Saorstát Éireann and Continuance of Laws |
CONSTITUTION OF IRELAND
In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred,
We, the people of Éire,
Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial,
Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,
And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
Do hereby adopt, enact, and give to ourselves this Constitution.
THE NATION
Article 1
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
It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish Nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.
Article 3
THE STATE
Article 4
The name of the State is Éire, or, in the English language, Ireland.
Article 5
Ireland is a sovereign, independent, democratic state.
Article 6
Article 7
The national flag is the tricolour of green, white and orange.
Article 8
Article 9
2° The future acquisition and loss of Irish nationality and citizenship shall be determined in accordance with law.
3° No person may be excluded from Irish nationality and citizenship by reason of the sex of such person.
2° This section shall not apply to persons born before the date of the enactment of this section.
Article 10
Article 11
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.
THE PRESIDENT
Article 12
2° Every citizen who has the right to vote at an election for members of Dáil Éireann shall have the right to vote at an election for President.
3° The voting shall be by secret ballot and on the system of proportional representation by means of the single transferable vote.
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° 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.
2° Every candidate for election, not a former or retiring President, must be nominated either by:
4° Former or retiring Presidents may become candidates on their own nomination.
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.
2° If a member of either House of the Oireachtas be elected President, he shall be deemed to have vacated his seat in that House.
3° The President shall not hold any other office or position of emolument.
"In the presence of Almighty God I ,do solemnly and sincerely promise and declare that I will maintain the Constitution of Ireland and uphold its laws, that I will fulfil 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."
2° The charge shall be preferred by either of the Houses of the Oireachtas, subject to and in accordance with the provisions of this section.
3° A proposal to either House of the Oireachtas 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.
4° No such proposal shall be adopted by either of the Houses of the Oireachtas save upon a resolution of that House supported by not less than two-thirds of the total membership thereof.
5° When a charge has been preferred by either House of the Oireachtas, the other House shall investigate the charge, or cause the charge to be investigated.
6° The President shall have the right to appear and to be represented at the investigation of the charge.
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 the Oireachtas 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 misbehaviour, 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.
2° The President shall receive such emoluments and allowances as may be determined by law.
3° The emoluments and allowances of the President shall not be diminished during his term of office.
Article 13
2° The President shall, on the nomination of the Taoiseach with the previous approval of Dáil Éireann, appoint the other members of the Government.
3° The President shall, on the advice of the Taoiseach, accept the resignation or terminate the appointment of any member of the Government.
2° The President may in his absolute discretion refuse to dissolve Dáil Éireann on the advice of a Taoiseach who has ceased to retain the support of a majority in Dáil Éireann.
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 the Oireachtas.
2° The President shall promulgate every law made by the Oireachtas.
2° All commissioned officers of the Defence Forces shall hold their commissions from the President.
2° The President may, after consultation with the Council of State, address a message to the Nation at any time on any such matter.
3° Every such message or address must, however, have received the approval of the Government.
2° The behaviour of the President may, however, be brought under review in either of the Houses of the Oireachtas for the purposes of section 10 of Article 12 of this Constitution, or by any court, tribunal or body appointed or designated by either of the Houses of the Oireachtas for the investigation of a charge under section 10 of the said Article.
Article 14
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.
3° The Deputy Chairman of Dáil Éireann shall act as a member of the Commission in the place of the Chairman of Dáil Éireann on any occasion on which the office of Chairman of Dáil Éireann is vacant or on which the said Chairman is unable to act.
4° The Deputy Chairman of Seanad Éireann shall act as a member of the Commission in the place of the Chairman of Seanad Éireann on any occasion on which the office of Chairman of Seanad Éireann is vacant or on which the said Chairman is unable to act.
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.
THE NATIONAL PARLIAMENT
Constitution and Powers
Article 15
2° The Oireachtas shall consist of the President and two Houses, viz.: a House of Representatives to be called Dáil Éireann and a Senate to be called Seanad Éireann.
3° The Houses of the Oireachtas shall sit in or near the City of Dublin or in such other place as they may from time to time determine.
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.
2° A law establishing or recognising any such council shall determine its rights, powers and duties, and its relation to the Oireachtas and to the Government.
2° Every law enacted by the Oireachtas 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.
2° The Oireachtas shall not enact any law providing for the imposition of the death penalty.
2° No military or armed force, other than a military or armed force raised and maintained by the Oireachtas, shall be raised or maintained for any purpose whatsoever.
2° In cases of special emergency, however, either House may hold a private sitting with the assent of two-thirds of the members present.
2° The remuneration of the Chairman and Deputy Chairman of each House shall be determined by law.
2° The Chairman or presiding member shall have and exercise a casting vote in the case of an equality of votes.
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.
Dáil Éireann
Article 16
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 Dáil Éireann, shall have the right to vote at an election for members of Dáil Éireann.
3° No law shall be enacted placing any citizen under disability or incapacity for membership of Dáil Éireann on the ground of sex or disqualifying any citizen or other person from voting at an election for members of Dáil Éireann on that ground.
4° No voter may exercise more than one vote at an election for Dáil Éireann, and the voting shall be by secret ballot.
2° The number of members shall from time to time be fixed by law, but the total number of members of Dáil Éireann 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.
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.
4° The Oireachtas 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 Dáil Éireann sitting when such revision is made.
5° The members shall be elected on the system of proportional representation by means of the single transferable vote.
6° No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three.
2° A general election for members of Dáil Éireann shall take place not later than thirty days after a dissolution of Dáil Éireann.
2° Dáil Éireann shall meet within thirty days from that polling day.
Article 17
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.
Seanad Éireann
Article 18
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.
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 subsection 1° of this section,
ii any other institutions of higher education in the State,
of so many members of Seanad Éireann 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 1°.
A member or members of Seanad Éireann may be elected under this subsection by institutions grouped together or by a single institution.
3° Nothing in this Article shall be invoked to prohibit the dissolution by law of a university mentioned in subsection 1° of this section.
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 Labour, whether organised or unorganised;
iv Industry and Commerce, including banking, finance, accountancy, engineering and architecture;
v Public Administration and social services, including voluntary social activities.
2° Not more than eleven and, subject to the provisions of Article 19 hereof, not less than five members of Seanad Éireann shall be elected from any one panel.
2° Casual vacancies in the number of the nominated members of Seanad Éireann shall be filled by nomination by the Taoiseach with the prior consent of persons so nominated.
3° Casual vacancies in the number of the elected members of Seanad Éireann shall be filled in the manner provided by law.
Article 19
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 Seanad Éireann 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 of this Constitution.
Legislation
Article 20
2° A Bill initiated in Seanad Éireann if amended in Dáil Éireann shall be considered as a Bill initiated in Dáil Éireann.
Money Bills
Article 21
2° Every Money Bill passed by Dáil Éireann shall be sent to Seanad Éireann for its recommendations.
2° If such Money Bill is not returned by Seanad Éireann to Dáil Éireann within such twenty-one days or is returned within such twenty-one days with recommendations which Dáil Éireann 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
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° Seanad Éireann, 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.
3° If the President after consultation with the Council of State decides to accede to the request he shall appoint a Committee of Privileges consisting of an equal number of members of Dáil Éireann and of Seanad Éireann 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.
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 Seanad Éireann.
5° The decision of the Committee shall be final and conclusive.
6° If the President after consultation with the Council of State decides not to accede to the request of Seanad Éireann, or if the Committee of Privileges fails to report within the time hereinbefore specified the certificate of the Chairman of Dáil Éireann shall stand confirmed.
Time for Consideration of Bills
Article 23
1° Whenever a Bill to which this Article applies is within the stated period defined in the next following sub-section either rejected by Seanad Éireann or passed by Seanad Éireann with amendments to which Dáil Éireann does not agree or is neither passed (with or without amendment) nor rejected by Seanad Éireann within the stated period, the Bill shall, if Dáil Éireann 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 the Oireachtas on the day on which the resolution is passed.
2° The stated period is the period of ninety days commencing on the day on which the Bill is first sent by Dáil Éireann to Seanad Éireann or any longer period agreed upon in respect of the Bill by both Houses of the Oireachtas.
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 Seanad Éireann after having been amended by Dáil Éireann.
Article 24
(a) is, in the case of a Bill which is not a Money Bill, rejected by Seanad Éireann or passed by Seanad Éireann with amendments to which Dáil Éireann does not agree or neither passed nor rejected by Seanad Éireann, or
(b) is, in the case of a Money Bill, either returned by Seanad Éireann to Dáil Éireann with recommendations which Dáil Éireann does not accept or is not returned by Seanad Éireann to Dáil Éireann,
within the period specified in the resolution, the Bill shall be deemed to have been passed by both Houses of the Oireachtas at the expiration of that period.
Signing and Promulgation of Laws
Article 25
2° At the request of the Government, with the prior concurrence of Seanad Éireann, 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.
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 Iris Oifigiúil stating that the Bill has become law.
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 the Oireachtas, 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° 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.
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.
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.
2° A copy of every text so prepared, when authenticated by the signatures of the Taoiseach 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.
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 so enrolled.
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.
Reference of Bills to the Supreme Court
Article 26
This Article applies to any Bill passed or deemed to have been passed by both Houses of the Oireachtas 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 Seanad Éireann shall have been abridged under Article 24 of this Constitution.
2° Every such reference shall be made not later than the seventh day after the date on which such Bill shall have been presented by the Taoiseach to the President for his signature.
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° 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.
2° If, in the case of a Bill to which Article 27 of this Constitution applies, a petition has been addressed to the President under that Article, that Article shall be complied with.
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.
Reference of Bills to the People
Article 27
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 the Oireachtas.
2° If the Bill or any provision thereof is or has been referred to the Supreme Court under Article 26 of this Constitution, 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.
i by the people at a Referendum in accordance with the provisions of section 2 of Article 47 of this Constitution within a period of eighteen months from the date of the President’s decision, or
ii by a resolution of Dáil Éireann passed within the said period after a dissolution and re-assembly of Dáil Éireann.
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 Dáil Éireann 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.
THE GOVERNMENT
Article 28
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 Dáil Éireann if not sitting shall be summoned to meet at the earliest practicable date.
3° Nothing in this Constitution other than Article 15.5.2° shall be invoked to invalidate any law enacted by the Oireachtas 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 sub-section "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 the Oireachtas 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 rebel-lion" 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 the Oireachtas shall have resolved that the national emergency occasioned by such war, armed conflict, or armed rebellion has ceased to exist.
2° The Government shall meet and act as a collective authority, and shall be collectively responsible for the Departments of State administered by the members of the Government.
3° The confidentiality of discussions at meetings of the Government shall be respected in all circumstances save only where the High Court determines that disclosure should be made in respect of a particular matter -
i in the interests of the administration of justice by a Court, or
ii by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Minister of the Government on the authority of the Houses of the Oireachtas to inquire into a matter stated by them to be of public importance.
4° 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 Dáil Éireann for consideration.
2° The Taoiseach shall keep the President generally informed on matters of domestic and international policy.
2° The Tánaiste shall act for all purposes in the place of the Taoiseach if the Taoiseach should die, or become permanently incapacitated, until a new Taoiseach shall have been appointed.
3° The Tánaiste shall also act for or in the place of the Taoiseach during the temporary absence of the Taoiseach.
2° The other members of the Government must be members of Dáil Éireann or Seanad Éireann, but not more than two may be members of Seanad Éireann.
2° Any other member of the Government may resign from office by placing his resignation in the hands of the Taoiseach for submission to the President.
3° The President shall accept the resignation of a member of the Government, other than the Taoiseach, if so advised by the Taoiseach.
4° The Taoiseach 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 Taoiseach so advises.
2° The members of the Government in office at the date of a dissolution of Dáil Éireann shall continue to hold office until their successors shall have been appointed.
LOCAL GOVERNMENT
Article 28A
INTERNATIONAL RELATIONS
Article 29
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.
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 the 25th day of March, 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 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 the 28th day of February, 1986).
4° 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.
5° The State may ratify the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts signed at Amsterdam on the 2nd day of October, 1997.
6° The State may exercise the options or discretions provided by or under Articles 1.11, 2.5 and 2.15 of the Treaty referred to in subsection 5° of this section and the second and fourth Protocols set out in the said Treaty but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.
7° The State may ratify the Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts signed at Nice on the 26th day of February, 2001.
8° The State may exercise the options or discretions provided by or under Articles 1.6, 1.9, 1.11, 1.12, 1.13 and 2.1 of the Treaty referred to in subsection 7° of this section but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.
9° The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 1.2 of the Treaty referred to in subsection 7° of this section where that common defence would include the State.
10° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of the European Union or of the Communities, or prevents laws enacted, acts done or measures adopted by the European Union or by the Communities or by institutions thereof, or by bodies competent under the Treaties establishing the Communities, from having the force of law in the State.
11° 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.
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 Dáil Éireann.
3° This section shall not apply to agreements or conventions of a technical and adminstrative character.
2° Any institution established by or under the Agreement may exercise the powers and functions thereby conferred on it in respect of all or any part of the island of Ireland notwithstanding any other provision of this Constitution conferring a like power or function on any person or any organ of State appointed under or created or established by or under this Constitution. Any power or function conferred on such an institution in relation to the settlement or resolution of disputes or controversies may be in addition to or in substitution for any like power or function conferred by this Constitution on any such person or organ of State as aforesaid.
THE ATTORNEY GENERAL
Article 30
2° The Taoiseach may, for reasons which to him seem sufficient, request the resignation of the Attorney General.
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 Taoiseach so advises.
4° The Attorney General shall retire from office upon the resignation of the Taoiseach, but may continue to carry on his duties until the successor to the Taoiseach shall have been appointed.
THE COUNCIL OF STATE
Article 31
"In the presence of Almighty God I, , do solemnly and sincerely promise and declare that I will faithfully and conscientiously fulfil my duties as a member of the Council of State."
Article 32
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.
THE COMPTROLLER AND AUDITOR GENERAL
Article 33
2° The Taoiseach shall duly notify the President of any such resolutions as aforesaid passed by Dáil Éireann and by Seanad Éireann and shall send him a copy of each such resolution certified by the Chairman of the House of the Oireachtas by which it shall have been passed.
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.
THE COURTS
Article 34
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° 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 of this Constitution, 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.
4° The Courts of First Instance shall also include Courts of local and limited jurisdiction with a right of appeal as determined by law.
2° The president of the Supreme Court shall be called the Chief Justice.
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° 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.
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.
6° The decision of the Supreme Court shall in all cases be final and conclusive.
"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 favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me."
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.
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.
4° Any judge who declines or neglects to make such declaration as aforesaid shall be deemed to have vacated his office.
Article 35
2° The Taoiseach shall duly notify the President of any such resolutions passed by Dáil Éireann and by Seanad Éireann, and shall send him a copy of every such resolution certified by the Chairman of the House of the Oireachtas by which it shall have been passed.
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.
Article 36
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:
Article 37
TRIAL OF OFFENCES
Article 38
2° The constitution, powers, jurisdiction and procedure of such special courts shall be prescribed by law.
2° A member of the Defence Forces not on active service shall not be tried by any courtmartial or other military tribunal for an offence cognisable by the civil courts unless such offence is within the jurisdiction of any courtmartial or other military tribunal under any law for the enforcement of military discipline.
Article 39
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.
FUNDAMENTAL RIGHTS
Personal Rights
Article 40
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° No title of nobility or of honour may be accepted by any citizen except with the prior approval of the Government.
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° 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.
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° 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.
5° 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. 6° Provision may be made by law for the refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.
The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour 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.
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 the Oireachtas.
Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right.
The Family
Article 41
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° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.
2° A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that
Education
Article 42
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.
Private Property
Article 43
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° 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.
Religion
Article 44
2° The State guarantees not to endow any religion.
3° The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.
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. 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.
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.
DIRECTIVE PRINCIPLES OF SOCIAL POLICY
Article 45
The principles of social policy set forth in this Article are intended for the general guidance of the Oireachtas. The application of those principles in the making of laws shall be the care of the Oireachtas exclusively, and shall not be cognisable by any Court under any of the provisions of this Constitution.
2° The State shall endeavour 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.
2° The State shall endeavour 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.
AMENDMENT OF THE CONSTITUTION
Article 46
THE REFERENDUM
Article 47
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 sub-section of this section.
Repeal of Constitution of Saorstát Éireann and Continuance of Laws
Article 48
The Constitution of Saorstát Éireann in force immediately prior to the date of the coming into operation of this Constitution and the Constitution of the Irish Free State (Saorstát Éireann) 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
Article 50
Dochum Glóire Dé agus Onóra na hÉireann