Jonah Patel
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document outlining how Ireland should be governed and the rights of its citizens. It is the longest continually operating republican constitution within the European Union. The Irish Constitution came into force on 29 December 1937 and has been amended 32 times since then. Amendments to the Irish Constitution can only be made through a referendum. This involves a proposal to amend the Constitution, initiated as a bill in Dáil Éireann, which must be passed by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President of Ireland.
| Characteristics | Values |
|---|---|
| Number of amendments | 32 |
| First amendment | Passed in 1972, allowing Ireland to accede to the European Communities |
| Latest amendment | Thirty-sixth Amendment, allowing abortion to be legalised again |
| Time taken to sign into law | 12 days (shortest) to 899 days (longest) |
| Amendment procedure | A proposal to amend must be initiated as a bill in Dáil Éireann, passed by both Houses of the Oireachtas, submitted to a referendum, and signed into law by the president |
| Consent | Required from the Irish people |
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What You'll Learn
- Amendments to the Irish Constitution are only possible via referendum
- The proposal must be initiated as a bill in Dáil Éireann
- It must be passed by both Houses of the Oireachtas (parliament)
- The amendment must be signed into law by the President
- The longest time between referendum and signing into law was 899 days for the 31st amendment
Amendments to the Irish Constitution are only possible via referendum
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document outlining how Ireland should be governed and the rights of Irish citizens. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. The Irish Constitution came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937, when it was approved by 56% of voters.
Since the Constitution came into force, there have been 32 amendments, although one source mentions 40 constitutional referendums, of which 32 resulted in amendments. The first amendment was passed in 1972, allowing Ireland to accede to the European Communities. The most recent amendment, as of 2018, was the Thirty-sixth Amendment, which repealed the Eighth Amendment and legalised abortion.
The referendum process can take anywhere from 12 days to 899 days from passing to being signed into law by the President. While the President cannot veto an amendment, no referendum has ever been annulled by the courts.
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The proposal must be initiated as a bill in Dáil Éireann
The Irish Constitution (Bunreacht na hÉireann) is the fundamental legal document that sets out how Ireland is governed and the rights of Irish citizens. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. The Irish Constitution came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937.
A proposal to amend the Irish Constitution must be initiated as a bill in Dáil Éireann. This was also the case for the original draft of the Constitution, which was presented to Dáil Éireann before being put to the Irish electorate in a plebiscite. Dáil Éireann was then the sole house of parliament, as the Seanad had been abolished the previous year.
A bill to amend the Constitution must be initiated in Dáil Éireann, the house of representatives of the Oireachtas. The proposal must then be passed by both Houses of the Oireachtas (parliament). This is the first step in the process of amending the Constitution, which can only be completed by way of referendum.
Once a bill to amend the Constitution has been passed by both Houses of the Oireachtas, it is then submitted to a referendum. If the referendum passes and the final certificate has been issued, the amendment must be signed into law by the President of Ireland. The President cannot veto an amendment, provided that the correct procedure has been followed.
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It must be passed by both Houses of the Oireachtas (parliament)
The Irish Constitution (Bunreacht na hÉireann) is the fundamental legal document that sets out how Ireland should be governed and the rights of Irish citizens. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. The Irish 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.
Amendments to the Constitution of Ireland are only possible by way of referendum. A proposal to amend the Constitution of Ireland must be initiated as a bill in Dáil Éireann, passed by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President of Ireland. The procedure for amending the constitution is specified in Article 46. A proposed amendment must take the form of a bill to amend the constitution, initiated in Dáil Éireann, the house of representatives of the Oireachtas.
The Oireachtas is a bicameral parliament consisting of the Dáil Éireann and the Seanad Éireann. The Dáil Éireann is the lower house of the Oireachtas, and it is the main legislative body in Ireland. The Seanad Éireann is the upper house of the Oireachtas and reviews legislation passed by the Dáil Éireann. For a proposed amendment to the Constitution to be passed by both Houses of the Oireachtas, it must first be approved by the Dáil Éireann and then by the Seanad Éireann.
The Dáil Éireann has a stronger role in the legislative process than the Seanad Éireann. The Dáil Éireann can initiate and amend bills, while the Seanad Éireann can only amend bills. The Dáil Éireann can also override the Seanad Éireann's amendments by passing a bill a second time without the amendments. This means that the Dáil Éireann plays a more significant role in the passage of a proposed amendment to the Constitution.
Once a proposed amendment has been passed by both Houses of the Oireachtas, it is then submitted to a referendum. If the referendum passes and the final certificate has been issued, the amendment must be signed into law by the President. The President cannot veto an amendment provided that the correct procedure has been followed.
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The amendment must be signed into law by the President
The Irish Constitution may be amended solely through a national referendum. A proposal to amend the Constitution of Ireland must be initiated as a bill in Dáil Éireann, passed by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President of Ireland.
Once the referendum has passed and the final certificate has been issued, the amendment must be signed into law by the President. The President is required to sign the Bill "forthwith", and they cannot veto an amendment provided that the correct procedure has been complied with. The date on which the amendment is signed into law by the President is considered the date of the amendment, unless otherwise stated.
The length of time between the referendum and the signing of the amendment into law can vary significantly. For example, the shortest gap between the two events was twelve days for the 18th, 19th, and 20th amendments, while the longest was 899 days for the 31st amendment.
It is important to note that the President's role in this process is largely ceremonial, as they are required by law to sign the amendment into law once the correct procedure has been followed. This ensures that the amendment process is completed and the changes are officially enacted.
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The longest time between referendum and signing into law was 899 days for the 31st amendment
The Irish Constitution is the fundamental legal document that sets out how Ireland should be governed and the rights of Irish citizens. It establishes the branches of government, the courts, and how these institutions should be run. Amendments to the Constitution of Ireland are only possible through a referendum. A proposal to amend the Constitution must be initiated as a bill in Dáil Éireann, passed by both Houses of the Oireachtas (parliament), submitted to a referendum, and finally signed into law by the President of Ireland.
Once the referendum results have been counted, the referendum returning officer signs a provisional referendum certificate and publishes a copy in Iris Oifigiúil. Any challenges to the results must be made within seven days to the High Court. If no petition is presented within this time, the certificate becomes final, and the President signs the Bill to change the Constitution. The President cannot veto an amendment provided that the correct procedure has been followed.
The shortest time between referendum and signing into law was twelve days for the 18th, 19th, and 20th amendments. However, the process was significantly longer for the 31st amendment, which took 899 days, the longest of all the amendments. While the reason for this extended period is unclear, it is important to note that no referendum has ever been annulled by the courts.
The Nineteenth Amendment, passed in May 1998, introduced a unique method of amendment. While it did not directly amend Articles 2 and 3 of the Constitution, it established a temporary mechanism for the Government to order their amendment once specific commitments were met.
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Frequently asked questions
Amendments to the Irish Constitution can only be made by way of a referendum.
A proposal to amend the Constitution must be initiated as a bill in Dáil Éireann, passed by both Houses of the Oireachtas (parliament), submitted to a referendum, and finally signed into law by the President of Ireland.
The shortest gap between the referendum and the signing of the amendment into law was 12 days for the 18th, 19th, and 20th amendments. The longest was 899 days for the 31st amendment.
Since the constitution came into force on 29 December 1937, there have been 32 amendments. To date, 40 constitutional referendums have been held.
