Malcolm Rivera
The Constitution of Ireland, officially known as Bunreacht na hÉireann, came into force on 29 December 1937, replacing the 1922 Constitution of the Irish Free State. It establishes a parliamentary system of government, outlining the functions of the legislature, executive, and judiciary. The legislative branch, or Oireachtas, is responsible for enacting laws, with the sole power to make laws for the state. It consists of the President and two Houses: the House of Representatives (Dáil Éireann) and the Senate (Seanad Éireann). The Oireachtas introduces and amends legislation, with new laws proposed as Bills, debated and passed by both Houses before being signed into law by the President. The Constitution also grants the Oireachtas the power to establish subordinate legislatures and functional or vocational councils.
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What You'll Learn
The Oireachtas is the national parliament
The main function of the Oireachtas is to make new laws and amend existing laws. New laws start as Bills, which must be debated and passed by both Houses before the President can sign them into law. If the Seanad does not pass a bill, the Dáil can still enter the bill into law by passing a resolution declaring that the Bill has been passed by both Houses. When a bill becomes law, it is known as an Act of the Oireachtas. Any sitting TD or Senator can publish a Bill, but it must have the Government's support if it involves spending public money.
The Oireachtas also has two other principal functions: the appointment of the Taoiseach (Prime Minister) and the enactment of laws. The Taoiseach is nominated by members of the Dáil and appointed by the President. The Government, led by the Taoiseach, is responsible to the Dáil. The Government must present annual estimates of income and expenditure to the Dáil for consideration. The Oireachtas can also introduce and change legislation. During a national emergency, the Oireachtas may pass laws that would otherwise be unconstitutional.
The Constitution guarantees certain fundamental rights, including a popularly elected, non-executive president, a bicameral parliament, a separation of powers, and judicial review. The Constitution establishes the courts and sets out how those institutions should be run. It also describes the fundamental rights of every Irish citizen. The Constitution is part of a wider human rights framework in Ireland, including the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union.
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The Oireachtas makes and amends laws
The Oireachtas, or the National Parliament, is the only body in Ireland with the power to make and amend laws. It is comprised of the President and two Houses: the House of Representatives (Dáil Éireann) and the Senate (Seanad Éireann). The Oireachtas is responsible for introducing and changing legislation, with the main function of making new laws and amending existing ones.
Articles 15 to 27 of the Constitution grant this power to the Oireachtas, with Articles 15 to 19 specifically establishing the Oireachtas and its two Houses. The Oireachtas is the sole authority with the power to make laws for the State, and no other legislative body can make laws for Ireland. This is in keeping with the Constitution's assertion of national sovereignty, which states that all powers of the government derive from the people.
The process of law-making in the Oireachtas begins with the introduction of a Bill. A Bill must be debated and passed by both the Dáil and Seanad before it can be signed into law by the President. If the Seanad does not pass a Bill, the Dáil can still enact it by passing a resolution declaring that the Bill has been passed by both Houses. Once a Bill becomes law, it is known as an Act of the Oireachtas. Any sitting member of the Dáil or Seanad can propose a Bill, but it must have the support of the government if it involves spending public money.
The Oireachtas also has the power to establish subordinate legislatures and define their powers and functions. Additionally, it can create functional or vocational councils representing various sectors of social and economic life in Ireland.
While the Oireachtas has the sole power to enact laws, the Constitution outlines a system of checks and balances. The Supreme Court, as the head of the independent judiciary, has the authority to annul any law that is repugnant to the Constitution. This ensures that the laws made by the Oireachtas align with the fundamental rights and principles enshrined in the Constitution.
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The Dáil debates and passes laws
The Irish Constitution establishes the branches of government, the courts, and the fundamental rights of every Irish citizen. It also defines the functions of the State and its agencies and sets out the separation of powers in the State.
The Constitution divides power in Ireland into three branches: the legislature, the executive, and the judiciary. The Constitution grants the power to make laws to the legislature. Only the Oireachtas (the national parliament), with the President as its head, can make laws in Ireland.
The Oireachtas consists of the Dáil and Seanad. The main function of the Oireachtas is to make new laws and amend existing ones. New laws start as Bills, which must be debated and passed by both Houses before the President can sign them into law. If the Seanad does not pass a bill, the Dáil can still enter the bill into law by passing a resolution declaring that the Bill has been passed by both Houses. When a bill becomes law, it is known as an Act of the Oireachtas. Any sitting TD (Teachta Dála, the name given to elected members of the Dáil) or Senator can publish a Bill and attempt to have it passed by the House. However, if the Bill involves spending public money, it must have the Government's support.
The Constitution also grants certain powers to the courts. Under Article 35, judges are independent of the Government and can only be removed through a resolution of both houses of the Oireachtas for misbehaviour or incapacity. Judges are appointed by the President, with the advice of the Government, and the Judicial Appointments Advisory Board advises on suitable candidates.
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The Seanad is elected by the people
The Constitution of Ireland establishes the branches of government, the courts, and sets out how these institutions should be run. It also describes the fundamental rights of every Irish citizen. Power in Ireland is divided between the legislature, the executive, and the judiciary.
The Seanad is the upper house of the Oireachtas, the Irish parliament, and is located in Dublin. It is composed of 60 members, known as Senators, who are not officially separated into political parties. Eleven of the Senators are nominated by the Taoiseach, and 49 are elected in Seanad elections.
The Seanad's main function is to debate legislation proposed by the Government and to amend Bills that have been passed by the Dáil. Senators can also introduce their own Bills, which are debated in the Seanad and, if passed, are then debated in the Dáil. The Seanad can delay, but not stop, a Bill from becoming law.
The Seanad is not directly elected but consists of a mixture of members chosen by various methods. To be eligible to vote in a Seanad election, you must be an Irish citizen and over 18 or 21 years of age, depending on the source. Senators are elected from vocational panels, university panels, and by the Taoiseach. University panels are made up of graduates from certain Irish universities, while vocational panels are elected by members of the Dáil, outgoing Senators, and members of county and city councils.
The Seanad is elected by a mixture of the Irish people and other officials, with the Taoiseach having the final say on 11 nominations.
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The President has ceremonial powers
The President of Ireland is the head of state of Ireland and the supreme commander of the Irish Defence Forces. The presidency is a largely ceremonial role, serving as the representative of the Irish state both at home and abroad. The President's formal powers and functions are prescribed in the Constitution.
The President is one of three parts of the Oireachtas (national parliament), which also includes Dáil Éireann (the Assembly of Ireland or lower house) and Seanad Éireann (the Senate of Ireland or upper house). The President's role is to summon and dissolve Dáil Éireann on the advice of the Taoiseach (Prime Minister). If a Taoiseach no longer has the support of the majority of Dáil Éireann, the President may choose to call for fresh elections, by signing a proclamation dissolving the Dáil.
The President also appoints the Taoiseach, on the nomination of Dáil Éireann, and the other members of the Government on the nomination of the Taoiseach, after Dáil approval. The President appoints the judges to all courts in Ireland, on the advice of the Government. This is a ceremonial duty, as the President cannot veto a bill that has been duly adopted by the Dáil and the Seanad. However, the President may refer it to the Supreme Court to test its constitutionality. If the Supreme Court upholds the bill, the President is obliged to sign it.
The President accredits ambassadors and receives the letters of credence of foreign diplomats, and ministers sign international treaties in the President's name.
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Frequently asked questions
The legislative branch in Ireland is the Oireachtas, which is the national parliament. It consists of the President and two Houses: the House of Representatives (Dáil Éireann) and the Senate (Seanad Éireann).
The Constitution gives the legislative branch the power to make laws for the State. The Oireachtas introduces and changes legislation, makes new laws, and amends existing laws.
Only the Oireachtas, with the President as its head, can make laws in Ireland. The Oireachtas is the sole authority with the power to enact laws.
The Dáil is the dominant directly elected lower house of the Oireachtas. It considers legislation proposed by Ministers or private members, debates legislation, and provides a forum for questions and answers.
The maximum life of the Dáil is five years, although the Taoiseach (Prime Minister) may advise the President to dissolve it at any time during the government's term.
