Jonah Patel
The Irish Constitution (Bunreacht na hÉireann) is the fundamental legal document that sets out how Ireland should be governed and the rights of its 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. Since then, there have been 32 amendments to the constitution, with the procedure for amending it specified in Article 46. Amendments to the Irish Constitution are only possible by way of referendum, and the consent of the Irish people is needed. This means that a proposal to amend the constitution must be initiated as a bill, passed by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President.
| Characteristics | Values |
|---|---|
| Number of amendments | 32 (since 1937) |
| Process | A proposal to amend must be initiated as a bill in Dáil Éireann, be passed by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President of Ireland |
| Voting | Only Irish citizens can participate in a referendum |
| Language | The Constitution is set out in both Irish and English |
| Contents | The Constitution establishes the branches of government, the courts, and sets out how those institutions should be run. It also describes the fundamental rights of every Irish citizen, including specific articles on education, religion, and the family |
| Previous Constitutions | Dáil Constitution of the Irish Republic (1919-1922), Constitution of the Irish Free State (1922-1937) |
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What You'll Learn
The Irish Constitution can only be amended via referendum
The Irish Constitution (Bunreacht na hÉireann) is the fundamental legal document that outlines 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.
The Constitution may only be amended via 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). The proposal is then submitted to a referendum, and if passed, it is signed into law by the President of Ireland. This process is specified in Article 46 of the Constitution.
To date, there have been 32 amendments to the Constitution, with 40 constitutional referendums held in total. The procedure for amending the Constitution is rigorous and requires the consent of the Irish people. The vote is conducted by secret ballot, and only Irish citizens can participate in the referendum. Once the referendum count is concluded, the referendum returning officer signs a provisional referendum certificate, and anyone wishing to challenge the results has seven days to apply to the High Court. If no petition is presented within this time frame, the certificate becomes final, and the President signs the Bill to amend the Constitution.
It is worth noting that the Constitution of the Irish Free State, which preceded the current Irish Constitution, initially allowed for amendments to be made by the Oireachtas for eight years. However, this period was extended, and ultimately, the Free State Constitution could be amended at will by parliament.
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Amendments must be proposed as a bill in Dáil Éireann
The Irish Constitution (Bunreacht na hÉireann) is the fundamental legal document that outlines 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.
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, the house of representatives of the Oireachtas. This was also the case for the original draft of the Constitution, which was presented to Dáil Éireann before being put to a plebiscite.
For an amendment to be proposed in Dáil Éireann, it must first be introduced as a bill. A bill is a proposed law that has not yet been passed by the legislature. In the case of amending the Irish Constitution, the bill must specifically be a proposal to amend the Constitution and take the form of a constitutional amendment bill.
The process of proposing a bill in Dáil Éireann typically involves several stages, including:
- First Stage: Introduction of the Bill - This stage involves the introduction of the bill to the Dáil Éireann. A member of the Dáil, usually a government minister, presents the bill and outlines its main provisions.
- Second Stage: Debate on the Bill - During this stage, members of the Dáil Éireann debate the general principles and merits of the bill. This is an opportunity for discussion, amendment, and scrutiny of the proposed legislation.
- Committee Stage: Detailed Examination of the Bill - The bill is then referred to a committee for detailed scrutiny and examination. Committees are smaller groups of legislators who specialise in specific areas and can provide expert input on the bill's content.
- Report Stage: Consideration of Amendments - After the committee stage, the bill returns to the Dáil Éireann, where any amendments suggested by the committee are considered. This is also an opportunity for further amendments to be proposed and debated.
- Final Stage: Voting on the Bill - In this final stage, the bill is put to a vote in the Dáil Éireann. If a majority of members present and voting support the bill, it is then considered passed by the Dáil and can proceed to the next step of the legislative process.
Once a bill to amend the Constitution is successfully proposed and passed by the Dáil Éireann, it must then be passed by both Houses of the Oireachtas (parliament) before being submitted to a referendum and, finally, signed into law by the President of Ireland.
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The proposal must be passed by both Houses of the Oireachtas
The Irish Constitution (Bunreacht na hÉireann) is the fundamental legal document that sets out how Ireland should be governed and outlines 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.
To amend the Irish Constitution, a proposal must be initiated as a bill in Dáil Éireann (the house of representatives of the Oireachtas), then it must be passed by both Houses of the Oireachtas (the Irish parliament). The Oireachtas is a bicameral legislature, consisting of Dáil Éireann and Seanad Éireann.
The process of amending the constitution is specified in Article 46. A proposal to amend the constitution must be in the form of a bill to amend the constitution, initiated in Dáil Éireann. The proposal must then be passed by both Houses of the Oireachtas. This can occur by one of two methods: the proposal can be passed by a simple majority in both houses, or it can be passed by a majority of Dáil Éireann members and then deemed to have been passed by Seanad Éireann after a set period. This period is usually a minimum of 90 days but can be shortened to a minimum of 21 days if deemed urgent by Dáil Éireann.
Once the proposal has been passed by both houses of the Oireachtas, it can then be submitted to a referendum. Only Irish citizens can participate in this referendum, and the vote is conducted by secret ballot. If the referendum passes, the amendment must be signed into law by the President of Ireland. It is important to note that the President cannot veto an amendment as long as the correct procedure has been followed.
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The referendum is open only to Irish citizens
The Irish Constitution (Bunreacht na hÉireann) is the fundamental legal document that sets out how Ireland should be governed and outlines 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. The text of the draft constitution, with minor amendments, was approved on 14 June 1937 by Dáil Éireann, then the sole house of parliament. The draft constitution was then put to a plebiscite, in which 56% of voters were in favour, comprising 38.6% of the whole electorate.
Amendments to the Irish Constitution 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), then submitted to a referendum, and finally signed into law by the President of Ireland. Importantly, only Irish citizens can participate in a referendum on amending the Constitution, even though British citizens resident in Ireland may vote in a general election. This restriction highlights the significance of the Irish citizenry's direct involvement in shaping their country's foundational legal document.
The referendum process ensures that any changes to the Constitution reflect the will of the Irish people. The secret ballot system guarantees that each citizen's vote is private and confidential, encouraging free and unbiased expression of their preferences. Once the referendum count is concluded, the referendum returning officer signs a provisional referendum certificate and publishes a copy in Iris Oifigiúil. This stage opens a window of opportunity for anyone wishing to challenge the results of the referendum. They have seven days to apply to the High Court for leave to present a referendum petition. If no such application is made, or if leave is not granted, or if a petition is dismissed, the referendum certificate becomes final.
The Irish Constitution recognises and declares that citizens have certain fundamental personal rights, which are confirmed and protected by the Constitution itself. These rights encompass various aspects of life, including education, religion, and the family. The Constitution also establishes the branches of government, the courts, and outlines how these institutions should function. Thus, the Constitution serves as the foundation for governance and the protection of citizens' rights in Ireland.
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The President must sign the amendment into law
The Irish Constitution (Bunreacht na hÉireann) is the fundamental legal document that sets out how Ireland should be governed and outlines 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.
Amendments to the Irish Constitution 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), then submitted to a referendum, and finally signed into law by the President of Ireland. This process is specified in Article 46 of the Constitution.
Once the referendum count is complete, the referendum returning officer signs a provisional referendum certificate and publishes a copy in Iris Oifigiúil. If no one challenges the results within seven days, the referendum certificate becomes final. At this point, the amendment must be signed into law "forthwith" by the President. It is important to note that provided the correct procedure has been followed, the President does not have the power to veto an amendment.
To date, there have been 32 amendments to the Constitution, with 40 constitutional referendums held in total. The process of amending the Irish Constitution ensures that any changes reflect the will of the Irish people and are in line with the country's fundamental legal framework.
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Frequently asked questions
The Irish Constitution, or 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.
Amendments to the Irish Constitution 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), then submitted to a referendum, and finally signed into law by the President of Ireland.
Only Irish citizens can participate in a referendum. The vote is conducted by secret ballot.
Since the constitution entered into force on 29 December 1937, there have been 32 amendments to the constitution. However, another source states that there have been 40 constitutional referendums, 32 of which resulted in amendments to the constitution.
Anyone wishing to challenge the results of a referendum has seven days to apply to the High Court for leave to present a referendum petition. If no petition is presented within this time frame, the referendum certificate becomes final, and the President will sign the Bill to change the constitution.
