Eleanor Finch
The Irish Constitution, or Bunreacht na hÉireann, has been amended 32 times since it was ratified by the Irish people in 1937. The constitution came into force on 29 December 1937, following a statewide plebiscite on 1 July 1937, in which 56% of voters were in favour. The Irish Constitution is the fundamental law of the state, guaranteeing certain fundamental rights, a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review. Amendments to the constitution can only be made through a referendum, with 40 constitutional referendums held to date.
| Characteristics | Values |
|---|---|
| Number of times the Irish Constitution has been amended | 32 times |
| Date of first amendment | 1925 |
| Date of the latest amendment | 2018 |
| Shortest time taken for an amendment | 12 days |
| Longest time taken for an amendment | 899 days |
| Total number of referendums held | 40 |
| Number of referendums that resulted in amendments | 32 |
| Date the Irish Constitution came into force | 29 December 1937 |
Explore related products
What You'll Learn
The Irish Constitution was ratified in 1937
The Irish Constitution, or Bunreacht na hÉireann, was ratified by the Irish people in 1937. It is the fundamental law of the State, asserting the national sovereignty of the Irish people. The Constitution guarantees certain fundamental rights, including the right to personal liberty, a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review. It replaced the 1922 Constitution of the Irish Free State, which had been in effect since Ireland gained independence from the United Kingdom.
The Irish Constitution came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937. The draft constitution was approved by Dáil Éireann on 14 June 1937 and was then put to the plebiscite, where it was passed by a plurality. 56% of voters were in favour, comprising 38.6% of the whole electorate. The Constitution has been amended several times since its adoption, with 32 amendments made as of 2024. Amendments can only be made through a referendum, where a proposal 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.
One significant aspect of the Irish Constitution is its recognition of the fundamental rights of citizens. Articles 40 to 44 outline these rights, including personal liberty, habeas corpus, and the inviolability of the home. Article 15.4 is also crucial, stating that the Oireachtas cannot enact any law that conflicts with the Constitution, thus ensuring the Constitution's supremacy. Article 25 reinforces this by requiring Bills passed by both houses of the Oireachtas to be presented to the President for signature.
The process of amending the Irish Constitution is detailed in Article 46. While there have been numerous attempts to amend the Constitution, not all have been successful. The Constitution also provides for referendums on ordinary bills, although this provision has never been utilised. The longest gap between a referendum and the signing of an amendment into law was 899 days for the 31st amendment. The Irish Constitution is the longest continually operating republican constitution within the European Union.
First Amendment: Our Right to Freedom of Expression
You may want to see also
Amendments: what, when and how
The Irish Constitution (or Bunreacht na hÉireann) is the fundamental law of the State, asserting the national sovereignty of the Irish people. It came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937, and has been amended 32 times since.
The Irish Constitution guarantees certain fundamental rights, such as habeas corpus and the inviolability of the home, along with a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review. Articles 40-44 provide for the fundamental rights of Irish citizens. For example, Article 40.3.3° previously prohibited abortion, but this was repealed and replaced in a 2018 referendum.
The Irish Constitution has been amended 32 times since its adoption in 1937. The shortest gap between a referendum and the signing of a law was 12 days for the 18th, 19th, and 20th amendments. The longest was 899 days for the 31st amendment.
Amendments to the Irish Constitution are only possible through a national 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 procedure for amending the Constitution is specified in Article 46.
The President may refer a Bill to the Supreme Court to decide if it conflicts with the Constitution. If the Supreme Court decides against it, the President will not sign it into law. Every law that is enacted is presumed to be constitutional until proven otherwise. The High Court has the power to cancel any law or part of any law that conflicts with the Constitution.
Unratified Amendments: The Forgotten Constitutional Proposals
You may want to see also
The role of referendums
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental law of the state, guaranteeing certain fundamental rights, 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. The Irish Constitution came into force on 29 December 1937, following a statewide plebiscite held on 1 July of that year, and has been amended 32 times since.
The referendums play a crucial role in ensuring that any changes to the fundamental law of the state are approved by the Irish people. The process begins with a proposal for an amendment, which can come from various sources, including government bills, opposition TDs, or private member's bills (PMBs). These proposals are introduced as bills in Dáil Éireann and must be passed by both houses of the Oireachtas before proceeding to the referendum stage.
The referendum allows the Irish people to have a direct say in whether they accept or reject the proposed amendment. It is a form of direct democracy, where the power to make constitutional changes rests with the citizens. If a majority of voters approve the amendment, it moves to the final stage of the process, where the President signs the Bill into law. However, if a proposed new law is deemed to be "repugnant to the Constitution," it cannot be enacted without amending the Constitution first.
The time between a successful referendum and the signing of the amendment into law can vary. For example, the shortest gap was 12 days for the 18th, 19th, and 20th amendments, while the longest was 899 days for the 31st amendment. It is worth noting that no referendum has ever been annulled by the courts, and the Irish Constitution remains the longest continually operating republican constitution within the European Union.
The Constitution's Latest Amendment
You may want to see also
Explore related products
$9.99 $9.99
The longest gap between referendum and signing into law
The Irish Constitution, or Bunreacht na hÉireann, has been amended 32 times since its adoption in 1937. 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. The Constitution may be amended solely by a national referendum, and to date, 40 constitutional referendums have been held.
The process of amending the Irish Constitution is outlined in Article 46. 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 longest gap between a referendum and the signing of an amendment into law was 899 days for the 31st Amendment. In contrast, the shortest gap was twelve days for the 18th, 19th, and 20th Amendments.
The Nineteenth Amendment, passed in May 1998, introduced a novel method of amendment. It allowed for the later amendment of Articles 2 and 3 of the Constitution in 1999. The Nineteenth Amendment did not directly amend these articles but established a temporary mechanism for the Government to order their amendment once specific commitments under the Good Friday Agreement were met.
The Thirty-sixth Amendment, passed in 2018, repealed the Eighth Amendment and legalised abortion in Ireland. This demonstrates the significant impact that constitutional amendments can have on the rights and lives of Irish citizens.
Texas Constitutional Amendments: Will Taxes Rise?
You may want to see also
Repealing the Eighth Amendment
The Irish Constitution has been amended 32 times since it came into force in 1937. One notable amendment is the Thirty-sixth Amendment, which repealed the Eighth Amendment in 2018, thereby legalizing abortion.
The Eighth Amendment had granted an equal right to life to the mother and the unborn child, effectively banning abortion in Ireland. The Offences against the Person Act 1861 already outlawed abortion, but anti-abortion campaigners feared the possibility of a judicial ruling in favour of abortion. The Thirty-sixth Amendment inserted a new subsection after section 3 of Article 40, which now reads:
> "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."
The campaign to repeal the Eighth Amendment has its roots in the unsuccessful Anti-Amendment Campaign in 1983 and the X Case in 1992, which resulted in three abortion referendums (the 12th, 13th, and 14th). The campaign lay dormant for over 20 years until it was revived in 2012 following the death of Savita Halappanavar. The Abortion Rights Campaign was founded the same year, and the hashtag #RepealThe8th began trending on Twitter. This social media campaign gained significant momentum, with various pro-abortion rights groups leading the charge.
In July 2016, the government appointed Supreme Court judge Mary Laffoy to chair a Citizens' Assembly to consider topics including the Eighth Amendment. The Assembly recommended a referendum to remove and replace the amendment, and in September 2017, the Oireachtas Committee on the 8th Amendment began its work on implementing this recommendation. Marches for Choice were held in Dublin in 2016 and 2017, with attendance estimates of 20,000 and 40,000, respectively. Counter-protests were also organized by prominent anti-abortion groups.
In May 2018, the country voted by a significant margin of 66.4% to 33.6% to repeal the Eighth Amendment. In September 2018, Irish President Michael D. Higgins signed the 36th Amendment of the Constitution Bill 2018 into law, formally repealing the Eighth Amendment. The Irish government recommended that women should be able to access abortions within the first 12 weeks of pregnancy. Taoiseach Leo Varadkar announced that legislation would be introduced in October, with services expected to be in place by the new year.
Constitutional Amendments: Why Bother?
You may want to see also
Frequently asked questions
The Irish Constitution has been amended 32 times since it was ratified in 1937.
Amendments to the Irish Constitution are only possible via 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 an amendment being signed into law was 12 days for the 18th, 19th, and 20th amendments.
The longest gap was 899 days for the 31st amendment.
