Simone Lawson
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document that outlines how Ireland is governed and the rights of its citizens. It establishes the branches of government, the courts, and how these institutions should be run. It also sets out the fundamental rights of every Irish citizen, including equality before the law, the right to life, and the right to education. The Constitution is the result of Ireland's independence from the United Kingdom and came into force on 29 December 1937, following a statewide plebiscite. It has since been amended several times through constitutional referendums, with 40 referendums held to date, 32 of which resulted in amendments.
| Characteristics | Values |
|---|---|
| Date of ratification | 1937 |
| Frequency of amendments | 40 constitutional referendums have been held, of which 32 resulted in amendments to the Constitution |
| Language | Both Irish and English |
| Branches of government | Establishes the branches or organs of government, establishes the courts and sets out how those institutions should be run |
| Rights | Describes the fundamental rights of every Irish citizen, including the right to life, the right to marital privacy, the right to make family planning decisions, the right to education, and the right to religious liberty |
| Equality | All citizens shall be held equal before the law; the State cannot discriminate between citizens based on human attributes or ethnic, racial, social, or religious background |
| Sovereignty | Affirms the inalienable, indefeasible, and sovereign right of the Irish nation to choose its own form of government, determine its relations with other nations, and develop its political, economic, and cultural life |
| National flag | Tricolour of green, white, and orange |
| National language | Irish (first official language); English (second official language) |
| Head of state | President of Ireland |
| Election of President | Elected by direct vote of the people for a term of seven years |
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What You'll Learn
- The Irish Constitution outlines the fundamental laws and rights of Irish citizens
- It establishes the branches of government, courts, and how they should be run
- It guarantees the national sovereignty of the Irish people
- It establishes the role of the President of Ireland
- It can only be amended by a national referendum
The Irish Constitution outlines the fundamental laws and rights of Irish citizens
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document that outlines the system of government in Ireland 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 was ratified by the Irish people in 1937 and came into force on 29 December of that year, following a statewide plebiscite held on 1 July 1937. It is the longest continually operating republican constitution within the European Union.
The Constitution establishes the branches or organs of government, including the legislature (the Oireachtas), the executive (the Government), and the judiciary. It also establishes the courts and sets out how these institutions should be run. The Constitution guarantees a popularly elected non-executive president and a bicameral parliament, with legislative power vested in the Oireachtas, executive power in the Government, and judicial power in the judiciary.
The Irish Constitution outlines the fundamental rights of Irish citizens, with Articles 40 to 44 providing for these rights. These rights include equality before the law (Article 40.1), the right to life (Article 40.3), and the right to marital privacy, family planning, and procreation (Articles 41 and 42). The Constitution also contains specific articles on education, religion, and the family, guaranteeing, for example, the right to free primary education and the right to attend a denominational school without participating in religious instruction.
The Constitution can only be amended through a national referendum, with the consent of the Irish people. To date, 40 constitutional referendums have been held, resulting in 32 amendments to the Constitution. The Constitution is part of a wider human rights framework in Ireland, including commitments made under the United Nations, the European Convention on Human Rights, and the Charter of Fundamental Rights of the European Union.
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It establishes the branches of government, courts, and how they should be run
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document that sets out how Ireland should be governed. It establishes the branches or organs of government, the courts, and how these institutions should be run. It also describes the fundamental rights of every Irish citizen.
The Constitution is composed of 50 articles, with Articles 1-39 defining the functions of the State and its agencies and setting out the separation of powers in the State. The Constitution establishes a popularly elected non-executive president, a bicameral parliament, and a separation of powers and judicial review. It outlines the powers and functions of the President of Ireland, who takes precedence over all other persons in the State and is elected by direct vote of the people. The President holds office for seven years and may be removed from office by a Commission in the event of their absence, incapacity, or death.
The Constitution also establishes the branches of government, including the Dáil, government, public service, Attorney General, Comptroller and Auditor General, Defence Forces, and police. It ensures a smooth transition from the institutions of the Free State to those established by the new constitution. The Constitution provides for the establishment of the Seanad and the Presidential Commission within 180 days of its enactment.
The Constitution sets out the rights and responsibilities of citizens, including the right to marital privacy, the right to make decisions about family planning, and the right to education. It guarantees equality before the law, regardless of human attributes, ethnic, racial, social, or religious background. The Constitution also recognises and protects the right to life, including the right to die a natural death.
Amendments to the Constitution can only be made through a constitutional referendum, with the consent of the Irish people. To date, there have been 40 constitutional referendums, resulting in 32 amendments to the Constitution. The High Court has the power to cancel any law or part of any law that is repugnant to the Constitution.
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It guarantees the national sovereignty of the Irish people
The Irish Constitution, or 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 was ratified by the Irish people in 1937 and is the longest continually operating republican constitution within the European Union.
The Constitution guarantees the national sovereignty of the Irish people. It asserts the inalienable, indefeasible, and sovereign right of the Irish nation to choose its own form of government, determine its relations with other nations, and develop its life, political, economic, and cultural affairs in accordance with its own genius and traditions. The Constitution establishes the branches and organs of government, including the courts, and outlines how these institutions should be run.
The Constitution also sets out the rights and responsibilities of the President of Ireland, who is elected by a direct vote of the people. The President holds office for seven years and has the power to appoint the government and promulgate laws. In the event of the absence, incapacity, or death of the President, a Commission is constituted to exercise the powers and functions of the President, consisting of the Chief Justice, the Chairman of Dáil Éireann, and the Chairman of Seanad Éireann.
The Irish Constitution guarantees certain fundamental rights, including equality before the law, the right to life, and the right to religious liberty. It also contains specific articles on education, religion, and the family, which have implications for how education is organised in the country. For example, the Constitution guarantees the right to free primary education and the right of parents to be the main educators of their children, with the state respecting their right to provide for the religious, moral, intellectual, physical, and social education of their offspring.
The Constitution can only be amended through a national referendum, and to date, 40 constitutional referendums have been held, with 32 resulting in amendments.
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It establishes the role of the President of Ireland
The Irish Constitution (Bunreacht na hÉireann) establishes the role of the President of Ireland. The Office of President was established by the Constitution, and the President is elected directly by the people of Ireland. The President represents all the people of Ireland, both at home and abroad. The President is also the Supreme Commander of the Irish Defence Forces.
The President's formal powers and functions are prescribed in the Constitution. While many of the President's powers can only be exercised on the advice of the Government, the President has absolute discretion in certain areas. For example, the President has the sole power to refer a Bill to the Supreme Court for a judgement on its constitutionality. However, before making such a referral, the President must consult with the Council of State.
The President appoints the Taoiseach (Prime Minister) on the nomination of Dáil Éireann and appoints other members of the Government on the nomination of the Taoiseach after Dáil approval. The President also appoints other office holders, including Judges, the Attorney General, the Comptroller and Auditor General, and Commissioned officers of the Defence Forces, on the advice of the Government.
The President is elected for a term of seven years and may not serve more than two terms. The President must reside in or near Dublin and takes an oath as provided in the Constitution during the inauguration ceremony.
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It can only be amended by a national referendum
The Irish Constitution, or 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 Constitution establishes the organs of government, the courts, and how these institutions should be run. It also outlines the fundamental rights of every Irish citizen, including equality before the law, the right to life, and the right to religious liberty.
The Irish Constitution was ratified by the Irish people in 1937 and has been amended several times since. Notably, it can only be amended through a national referendum, ensuring that any changes reflect the will of the Irish people. This process underscores the democratic nature of the Irish political system and reinforces national sovereignty. To date, there have been 40 constitutional referendums, with 32 resulting in amendments to the Constitution.
The requirement for a national referendum to amend the Constitution is a crucial safeguard that prevents hasty or unilateral changes to the country's foundational document. It ensures that any modifications to the Constitution are subjected to rigorous scrutiny and broad public debate. This process encourages citizen engagement and participation in the political process, allowing the public to shape the direction of the country and hold the government accountable.
The referendum process also serves as a check on governmental power, ensuring that any proposed amendments do not infringe on the rights and freedoms guaranteed by the Constitution. It empowers citizens to directly influence the legal framework that governs their lives and reinforces the principle that the Constitution is ultimately accountable to the people it serves.
The Irish Constitution's amendment process through national referendum contributes to the stability and legitimacy of the country's political system. It provides a mechanism for addressing societal changes, evolving perspectives, and the need to adapt the Constitution to meet the needs of a modern Ireland. This process ensures that the Constitution remains a living document, capable of adapting to the changing demands of a dynamic and diverse society.
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Frequently asked questions
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.
The Irish Constitution consists of a preamble, 50 articles, and a final dedication. Articles 1-39 define the functions of the State and its agencies, while Articles 40-44 outline the fundamental rights of Irish citizens.
The Irish Constitution has been amended 32 times since it was enacted in 1937. Amendments can only be made through a constitutional referendum, of which there have been 40 to date.
The Irish Constitution guarantees certain fundamental rights, including equality before the law (Article 40.1), the right to life (Article 40.3), and the right to marital privacy (Article 41). It also ensures freedom of expression and the right to a good name.
The Irish Constitution asserts the national sovereignty of the Irish people and affirms their right to choose their own form of government, determine relations with other nations, and develop their political, economic, and cultural life independently.
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