Eleanor Finch
The Constitution of Ireland, or the Bunreacht na hÉireann, is the fundamental law of the country. It came into force on 29 December 1937, and is the longest continually operating republican constitution within the European Union. The Irish Constitution is a written document that sets out how Ireland should be governed and the rights of its citizens. It guarantees certain fundamental rights, a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review. The Constitution has been subjected to a series of formal reviews and amendments, the most recent being the 34th amendment in 2015, which mandated the recognition of same-sex marriage in Ireland.
| Characteristics | Values |
|---|---|
| Date of enactment | 29 December 1937 |
| Previous constitution | 1922 Constitution of the Irish Free State |
| Amendment procedure | National referendum |
| National sovereignty | The Irish people |
| Territory | The whole island of Ireland, its islands and the territorial seas |
| Name of the state | Éire, or, in the English language, Ireland |
| State type | Sovereign, independent, democratic |
| Source of power | The people |
| Voting age | 18 years |
| President | Elected by direct vote of the people for a seven-year term |
| Legislature | Dáil Éireann, Seanad Éireann |
| Religion | Freedom of conscience and the free profession and practice of religion guaranteed |
| Official languages | Irish, English |
| Family | Recognised as the natural primary and fundamental unit group of society |
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What You'll Learn
- The Irish Constitution is the fundamental law of Ireland
- The Constitution guarantees fundamental rights and a popularly elected president
- The Constitution is dual-language, recognising both Irish and English
- The Constitution can only be amended by a national referendum
- The Constitution has been influenced by the Catholic Church
The Irish Constitution is the fundamental law of Ireland
The Irish Constitution, or the Bunreacht na hÉireann, is the fundamental law of Ireland. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. The Constitution came into force on 29 December 1937 following a statewide plebiscite held on 1 July 1937. It is the longest continually operating republican constitution within the European Union.
The Constitution of Ireland is a written document that sets out how Ireland should be governed and the rights of Irish citizens. It guarantees certain fundamental rights, a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review. It begins with the words "We, the people of Éire", and in Article 4, declares that the name of the state is "Éire, or, in the English language, Ireland".
The Irish Constitution recognises and declares that people living in Ireland have certain fundamental personal rights. Articles 40 to 44 set out these fundamental rights, which include the right to life, freedom of conscience and the free profession and practice of religion, and the right to an inviolable dwelling. Many of the rights apply to everyone living in Ireland, including non-Irish citizens.
The Constitution also provides for a directly elected President of Ireland, who shall take precedence over all other persons in the State and perform the functions conferred on the President by the Constitution and by law. The President holds office for seven years and is elected by the direct vote of the people.
The Constitution of Ireland has been subjected to a series of formal reviews and amendments since its enactment. Amendments can only be made through a national referendum.
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The Constitution guarantees fundamental rights and a popularly elected president
The Constitution of Ireland is the fundamental law of the country, guaranteeing certain fundamental rights and outlining the role of the popularly elected president. The Irish Constitution (Bunreacht na hÉireann) sets out how Ireland should be governed and the rights of its citizens. Articles 40 to 44 of the Constitution outline these fundamental rights, which include personal rights, equality before the law, and the right to life. For example, Article 40.3 recognises and protects the right to life, meaning that individuals have the right to die a natural death and to have nature take its course. This right to life does not include the right to have one's life terminated or death unnaturally accelerated.
The Constitution also guarantees freedom of expression and assembly, stating that citizens have the right to freely express their convictions and opinions, as well as assemble peacefully and without arms. However, these rights are subject to public order and morality, and the publication or utterance of blasphemous, seditious, or indecent matter is considered an offence.
The Constitution recognises the family as the fundamental unit group of society and guarantees its protection by the state. It also acknowledges the role of the family in education, stating that parents have the right and duty to provide for the religious, moral, intellectual, physical, and social education of their children. The state cannot oblige parents to send their children to school but may require that children receive a minimum level of education.
The Constitution establishes the role of the President of Ireland, who is directly elected by the people and serves a seven-year term, with a maximum of two terms. The President represents all the people of Ireland, both at home and abroad, and acts as the guardian of the Constitution. The President has the power to summon and dissolve Dáil Éireann, the lower house of the National Parliament, and can refuse to do so, potentially leading to the need for fresh elections. The President also has a ceremonial role, including being escorted to and from the inauguration ceremony by the Presidential Motorcycle Escort.
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The Constitution is dual-language, recognising both Irish and English
The Constitution of Ireland is the fundamental law of the country. It asserts the national sovereignty of the Irish people and guarantees certain fundamental rights, including a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review. The Constitution replaced the 1922 Constitution of the Irish Free State and came into force on December 29, 1937, following a statewide plebiscite held on July 1, 1937.
The Constitution of Ireland is dual-language, recognising both Irish and English. The Irish language, as the national language, is the first official language, while English is recognised as the second official language. This means that a litigant is entitled to use their native language when presenting a court case. In practice, this has been applied in court proceedings, with witnesses allowed to give evidence in their vernacular, be it Irish or English.
The Constitution itself is enrolled in both languages, and in the case of conflict, the Irish language version takes precedence. Interestingly, the Irish text of the 1937 Constitution differs significantly from the English text, and certain sections were drafted in both languages simultaneously, while others were translated. This has led to some discrepancies between the two versions, and constitutional lawyers and higher courts have had to deal with interpreting the dual-language Constitution.
The recognition of Irish as the national language in the Constitution dates back to the foundation of the State and was set out in the 1922 Constitution of the Free State. While the English text of the 1937 Constitution initially referred to the state as "Éire," it was amended during parliamentary debates to replace "Éire" with "Ireland" in the English version. This resulted in the current formulation: "The name of the State is Éire, or, in the English language, Ireland."
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The Constitution can only be amended by a national referendum
The Constitution of Ireland is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people and guarantees certain fundamental rights. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. The Constitution of Ireland came into force on 29 December 1937 following a statewide plebiscite held on 1 July 1937.
The Constitution of Ireland can only be amended by a national referendum. This means that any changes to the Constitution must be approved by the people of Ireland through a direct vote. As of 2021, 38 constitutional referendums have been held, and 32 have been approved. The process of amending the Constitution through a referendum is specified in Article 46.
A proposal to amend the Constitution is initiated as a bill in Dáil Éireann, the lower house of the Oireachtas (parliament). The bill must be passed by both Houses of the Oireachtas before it can be submitted to a referendum. The voting procedure at the referendum is by secret ballot, and only Irish citizens can participate. A simple majority of votes cast is sufficient to carry an amendment, with no minimum turnout required for a constitutional referendum to be considered valid.
If the majority of the votes cast are in favour of the proposal, the Referendum Returning Officer draws up a provisional referendum certificate, which is published in the State Gazette. Once the referendum count has concluded and the provisional certificate has been published, anyone wishing to challenge the results has seven days to apply to the High Court for a review. If no challenges are made, or if any challenges are unsuccessful, the referendum certificate becomes final. The President then signs the Bill, and the Constitution is amended.
For example, the 34th Amendment in 2015 mandated the recognition of same-sex marriage in Ireland. This amendment was approved by a majority of voters in a referendum. On the other hand, the Third Amendment of the Constitution Bill 1968, which would have allowed a variation of up to 16.7% in the ratio of representation to population across constituencies, was rejected in a referendum by 61% to 39%.
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The Constitution has been influenced by the Catholic Church
The Constitution of Ireland is the fundamental law of the country, guaranteeing certain fundamental rights and outlining a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. It came into force on 29 December 1937, following a statewide plebiscite.
The Constitution of Ireland has been influenced by the Catholic Church in several ways. Firstly, it recognises the special position of the Catholic Church as the majority religion in the country. Article 44 of the Constitution, drafted in 1936 and 1937, states that the State "recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great majority of the citizens". This article was a compromise between the demands of conservative Roman Catholics, who wanted Catholicism to be established as the state religion, and Protestants' fears of discrimination. It is worth noting that this "special position" was not consistent with the stance of pre-Vatican II Catholicism, which claimed legal and political influence based on the objective truth of its teachings rather than the size of its following.
The influence of the Catholic Church is also evident in the Constitution's recognition of the family as the "natural primary and fundamental unit group of Society". Article 41.1.1° states that the family is a "moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law", and guarantees its protection by the state. This article has been interpreted as excluding non-marital family units from certain protections and benefits, such as tax, inheritance, and social welfare. While same-sex marriage has since been legalised in Ireland, the original wording of Article 41 reflects Catholic teachings on the family.
Furthermore, the Catholic Church's influence can be seen in the Constitution's original prohibition on divorce and abortion. Divorce allowing remarriage was banned in 1924, and abortion was constitutionally prohibited with the support of the Catholic Church in 1983, although abortion for social reasons had already been illegal under Irish statutory law. However, the Church's influence has waned in recent years, and the constitutional prohibition on divorce was removed in 1996.
In addition to these specific examples, the overall character of the Constitution has been shaped by the Catholic Church. Given that Ireland in 1937 was a very Catholic country, with 93.6% of the population identifying as Catholic according to the 1936 Census, it is not surprising that the Constitution reflects Catholic values and beliefs. The drafters of the Constitution were mindful of the need to secure the support of the Catholic Church, and the document was even sent to the Vatican for comment. While the Constitution did not fully align with Catholic ideals, it was sufficient to secure acquiescence from the Pope and the Irish Church, ensuring its passage by a narrow margin of 56.5% of the vote.
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Frequently asked questions
Yes, Ireland has a written constitution, which came into force on 29 December 1937.
The Constitution of Ireland is the fundamental legal document that sets out how Ireland should be governed and the rights of Irish citizens. It guarantees certain fundamental rights, a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review.
The 1937 Constitution replaced the 1922 Constitution of the Irish Free State, which had been in effect since Ireland's independence. It is the second constitution of the Irish state since independence. The 1937 Constitution is also the longest continually operating republican constitution within the European Union.
The 1937 Constitution was influenced by the Catholic Church, particularly in the drafting of the religious article. Fr John Charles McQuaid had a singular influence on the constitution, although he did not get his way on the religious article.
