Simone Lawson
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental law of the State. It is composed of a Preamble, numbered Articles arranged under headings, and a final dedication. These Articles are the numbered points in the Irish Constitution, and they define the functions of the State and its agencies, set out the separation of powers in the State, and provide for the fundamental rights of Irish citizens.
| Characteristics | Values |
|---|---|
| Official name | Bunreacht na hÉireann |
| Number of articles | 50 |
| Function | Defines the functions of the State and its agencies, sets out the separation of powers in the State, and provides for the fundamental rights of Irish citizens |
| Amendment procedure | Amendments can only be made by way of a constitutional referendum |
| Number of amendments | 32 out of 40 referendums have resulted in amendments |
| Languages | Irish and English |
| Official languages | Irish (first), English (second) |
| Religion | Guarantees freedom of worship, forbids the state from creating an established church, and guarantees freedom of conscience |
| Family | The family founded on marriage possesses a collection of constitutional rights, including marital privacy, family planning, procreation, and the right of parents to be the main educators of their children |
| Education | Children have the right to attend a denominational school receiving state funding without having to participate in religious instruction in the school |
| Citizenship | The people of Northern Ireland have the right to be a "part of the Irish Nation", and to Irish citizenship |
| Sovereignty | Asserts the national sovereignty of the Irish people |
| Branches of government | Establishes the legislative, judicial, and executive branches of government |
| Judicial review | The Irish Supreme Court and High Court exercise judicial review over all legislation and may strike down laws if they are inconsistent with the constitution |
| Human rights framework | Part of a wider human rights framework in Ireland, including commitments made by Ireland under the United Nations, the European Convention on Human Rights, and the Charter of Fundamental Rights of the European Union |
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What You'll Learn
The Irish Constitution is the fundamental law
The Irish Constitution (or Bunreacht na hÉireann) is the fundamental law of the State of Ireland. It was ratified by the Irish people in 1937 and came into force on 29 December of the same year. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. The Constitution of Ireland is the highest law in the State, from which all other laws derive their authority. It establishes the branches of government, the courts, and sets out how those institutions should be run.
The Constitution of Ireland consists of a preamble, 50 numbered articles arranged under headings, and a final dedication. The numbered articles define the functions of the State and its agencies and set out the separation of powers in the State. Articles 40-44 provide for the fundamental rights of Irish citizens, such as the right to liberty and freedom, the right to marital privacy, and the right to education. The Constitution also includes specific articles on education, religion, and the family, which affect how education is organised.
The Constitution can only be amended by a national referendum, and to date, 40 constitutional referendums have been held, with 32 resulting in amendments to the Constitution. The Constitution is part of a wider human rights framework in Ireland, which includes all legal and other human rights commitments made by Ireland, such as treaties under the United Nations and the European Convention on Human Rights.
The Irish Constitution is also notable for its recognition of the Irish language as the first official language, with English as the second official language. This is significant as it reflects the national sovereignty of the Irish people and their unique cultural heritage. The Constitution also guarantees a popularly elected non-executive president and a bicameral parliament, further emphasising the democratic nature of the Irish state.
In conclusion, the Irish Constitution is the fundamental law of Ireland, providing the legal and democratic framework for the country's governance. It guarantees the rights of its citizens, establishes the structure of the government, and ensures the separation of powers between the legislature, executive, and judiciary. The Constitution's enduring significance is evident through its role in shaping Ireland's political and social landscape, both domestically and in the context of international human rights frameworks.
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It establishes the government and its functions
The Irish Constitution, or Bunreacht na hÉireann, establishes the government and its functions in several ways. Firstly, it outlines the branches or organs of government, including the legislative, executive, and judicial branches. It establishes the courts and defines the separation of powers between these branches, ensuring a balance of power within the state.
The Constitution also sets out how these institutions should be run. It provides for a directly elected, largely ceremonial President of Ireland, who exercises the usual internal functions of a head of state, such as formally appointing the government and promulgating laws. The Constitution further establishes a head of government called the Taoiseach and a national parliament called the Oireachtas, consisting of a lower house, Dáil Éireann, and an upper house, Seanad Éireann.
In addition, the Irish Constitution defines the functions of the state and its agencies. It guarantees certain fundamental rights, such as freedom of worship, and asserts the national sovereignty of the Irish people, recognising their "inalienable, indefeasible, and sovereign right" to self-determination. The Constitution also ensures the continuity of laws by repealing the previous Constitution of Saorstát Éireann.
The Constitution is the fundamental legal document that sets out how Ireland should be governed. It serves as a framework for the government's functions, establishing the necessary institutions and outlining their respective powers and responsibilities. By providing a clear structure and defining the rights of citizens, the Constitution guides the operations of the Irish government.
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It guarantees fundamental rights
The Irish Constitution, also known as Bunreacht na hÉireann, is a comprehensive document outlining the laws, principles, and organization of the Irish state. Within this important document, the numbered points are referred to as "Articles." Each article covers a specific aspect of the country's governance and outlines the rights and responsibilities of both the state and its citizens. One of the key roles that the Constitution serves is guaranteeing fundamental rights to the people of Ireland, ensuring their freedom, equality, and personal liberties.
Article 40, titled "Fundamental Rights," forms the cornerstone of human rights protection in Ireland. It guarantees a range of civil and political rights to individuals, setting out the core principles that underpin the relationship between the state and its citizens. This article ensures that the state respects and protects these fundamental rights, providing a legal framework to safeguard the liberties of the Irish people.
The scope of Article 40 is wide-ranging and includes protections for personal liberty, such as the right to life, freedom from arbitrary arrest and detention, and freedom from torture and cruel or degrading treatment. It also guarantees fair procedure rights, including the right to a fair trial, the presumption of innocence, and the right to legal representation. Furthermore, it protects privacy and family rights, such as the right to marry, the protection of the family home, and the right to a certain level of privacy in personal affairs.
Article 40 also addresses equality and prohibits discrimination on various grounds, including gender, race, age, marital status, religious belief, political opinion, and membership of the traveling community. This commitment to equality is further strengthened by Article 45, which specifically addresses women's rights and ensures that women are accorded equal rights to men in terms of citizenship and naturalization.
In addition to these protections, the Irish Constitution also includes socio-economic rights, which are fundamental to the concept of human dignity. These rights include the right to an adequate education, the right to enjoy an environment that safeguards one's health, and the right to social welfare. The inclusion of these rights reflects the Constitution's recognition of the importance of social justice and the need to ensure that individuals can access the necessary resources to lead a life of dignity.
By guaranteeing these fundamental rights, the Irish Constitution provides a solid framework for the protection of citizens' liberties and ensures that the state operates within defined boundaries. These rights are deeply entrenched, and any potential limitations on them must be justified and proportionate, ensuring that the core principles of freedom and equality are upheld. The Constitution, therefore, serves as a vital safeguard, empowering individuals and providing a foundation for a just and equitable society.
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It can be amended by referendum
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental law of the State. It 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. The Constitution is a part of a wider human rights framework in Ireland, encompassing all legal and other human rights commitments made by the country.
The Constitution can be amended by referendum. This is known as a constitutional referendum. To date, 40 constitutional referendums have been held, with 32 resulting in amendments to the Constitution. All Irish citizens who are on the Register of Electors, the Postal Voters List, or the Special Voters List can vote in a referendum. Voting is done by secret ballot, with the option to vote 'Yes' or 'No' on the proposed bill. The voting procedure is the same for both constitutional and ordinary referendums. However, it is important to note that an ordinary referendum does not relate to amending the Constitution.
For a constitutional referendum, the Irish Electoral Commission is responsible for preparing and distributing impartial information about referendum proposals to the public. This information is disseminated through various channels, including information booklets, television ads, radio, newspapers, and social media. The day after the poll, the votes for and against the proposal are counted, and the results are reported to the Referendum Returning Officer. If the majority of votes are cast against the proposal, there is no change to the Constitution.
If the proposed amendment is approved by the people, with more than 50% of the votes in favour, the President will sign the Bill, and the Constitution is amended. This process gives the people of Ireland the opportunity to decide whether or not the law will change.
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It's the longest continually operating EU republican constitution
The Constitution of Ireland, or the Bunreacht na hÉireann, is the longest continually operating republican constitution within the European Union. It came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937. It replaced the 1922 Constitution of the Irish Free State, which had been in effect since Ireland gained its independence from the United Kingdom on 6 December 1922.
The Irish Constitution is the fundamental law of the State, asserting the national sovereignty of the Irish people and guaranteeing certain fundamental rights. It establishes the branches or organs of government, the courts, and sets out how these institutions should be run. The Constitution consists of approximately 16,000 words, including a Preamble, numbered Articles arranged under headings, and a final dedication. The Articles define the functions of the State and its agencies, set out the separation of powers, and provide for the fundamental rights of Irish citizens.
One of the most important Articles of the Constitution is Article 15.4, which states that the Oireachtas must not enact any law that conflicts with the Constitution, thus ensuring that the Constitution is superior to all other laws. The Constitution also includes specific articles on education, religion, and the family, which affect how education is organised. It guarantees freedom of worship and forbids the state from creating an established church.
The Irish Constitution is part of a wider human rights framework in Ireland, which includes all legal and other human rights commitments made by the country, such as treaties under the United Nations and the European Convention on Human Rights. Amendments to the Constitution can only be made through a constitutional referendum, and to date, 40 such referendums have been held, with 32 resulting in amendments.
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Frequently asked questions
The numbered points in the Irish Constitution are called Articles. The Constitution contains 50 articles, with Articles 1-39 defining the functions of the State and its agencies, and Articles 40-44 providing for the fundamental rights of Irish citizens.
The Articles establish the branches or organs of government, the courts, and how those institutions should be run. They also describe the fundamental rights of every Irish citizen, including the right to liberty and freedom (Article 40.4), the right to marital privacy (Article 41), and the right to freedom of worship (Article 2 and 3).
Yes, the Articles can be amended through a referendum. To date, 40 constitutional referendums have been held, with 32 resulting in amendments to the Constitution.
