Jonah Patel
The Irish Constitution, or Bunreacht na hÉireann, was ratified by the Irish people in 1937. The document, which is the fundamental law of the State, was drafted by John Hearne and approved by Dáil Éireann on 14 June 1937. It was then put to a plebiscite on 1 July 1937, the same day as the 1937 general election, and passed with 56% of voters in favour. The Constitution came into force on 29 December 1937, replacing the 1922 Constitution of the Irish Free State.
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What You'll Learn
The Irish Constitution was ratified in 1937
The desire to create a new constitution arose from the perception that the previous constitution, the Irish Free State Constitution of 1922, was imposed by the UK government and closely associated with the Anglo-Irish Treaty. In 1932, Eamon de Valera and his Fianna Fáil party came to power, committed to replacing the constitution. They viewed the 1922 document as unrepublican and sought to draft a constitution that better represented the will of the Irish people.
The drafting process began in the mid-1930s, a volatile period in Irish political life, with strong ideological divisions. Despite the risks, de Valera successfully oversaw the creation of a constitution that has endured. However, the document was influenced by contemporary Catholic thinking, particularly through the involvement of Fr John Charles McQuaid, who had a significant impact on its content.
The 1937 Constitution of Ireland consists of 50 articles, covering a range of topics essential to governing the state. These articles define the functions and separation of powers of the state and its agencies, outline the fundamental rights of Irish citizens, and address specific areas such as education, religion, and the family. The constitution also establishes the branches of government, the courts, and how these institutions should be run.
One notable aspect of the Irish Constitution is its recognition of the Irish language as the first official language, with English as the second. This acknowledgement is reflected in the constitution's availability in both Irish and English, though discrepancies between the two versions have been identified over time. The constitution also sets out the requirements for Irish nationality and citizenship, ensuring that no one is excluded based on sex.
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It is the second constitution since Irish independence
The Constitution of Ireland was enacted in 1937, and it is the second constitution in the country's history since Irish independence. The first constitution, which came into force in 1922, was known as the Constitution of the Irish Free State. This initial constitution established a parliamentary democracy with a bicameral legislature, consisting of a House of Representatives and a Senate. It provided for a Governor-General, who represented the monarch of the Irish Free State (who was also the monarch of the United Kingdom) and exercised certain executive powers on their behalf.
The Irish Free State Constitution was drafted during the Irish War of Independence and was influenced by the political compromises made in the Anglo-Irish Treaty of 1921. It reflected the country's status as a dominion within the British Commonwealth, with the monarch as the head of state. However, it also included a provision for a future amendment to replace the monarch with a directly elected president, which was a key concession to those who sought a more comprehensive break with Britain.
The current Constitution of Ireland, enacted in 1937, is also known as Bunreacht na hÉireann in Irish. It replaced the 1922 document and made a more decisive break with the country's colonial past. This constitution was drafted by Éamon de Valera's government, which had come to power following a constitutional crisis and a series of political and economic controversies. De Valera sought to create a more republican constitution, removing many of the references to the British monarch and establishing a directly elected presidency.
The 1937 Constitution is considered a significant document in Irish history, as it reflects the country's unique cultural, social, and political context. It affirms the nation's commitment to certain fundamental principles, including the dignity and freedom of the individual, natural law, and the right to private property. It also recognizes the special place of the Catholic faith in Irish life, while guaranteeing freedom of conscience and religious worship for all citizens.
The Constitution has been amended several times since its enactment to reflect changing social and political attitudes in Ireland. These amendments have addressed a range of issues, including the relationship between church and state, the status of women, divorce, abortion, and EU membership. The process of amendment is outlined in the Constitution itself, requiring a referendum and a majority vote of the people for any changes to be implemented.
As the second constitution since Irish independence, the 1937 document has played a crucial role in shaping modern Ireland and its political landscape. It reflects the country's evolution from a dominion to a fully independent republic, and it continues to serve as the foundation for Ireland's legal and governmental systems.
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It was drafted by John Hearne, supervised by Éamon de Valera
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 and guaranteeing certain fundamental rights. The Constitution came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937, in which 56% of voters were in favour.
The 1937 Constitution replaced the Constitution of the Irish Free State, which had been in effect since 6 December 1922. The desire to replace the previous constitution was largely motivated by its association with the Anglo-Irish Treaty and the belief that it had been imposed on Ireland by the British government. This view was particularly held by Éamon de Valera and the anti-Treatyites, who came to power as the Fianna Fáil party in 1932.
The new constitution was drafted by John Hearne, supervised by Éamon de Valera. Hearne and his civil service colleagues, including Phillip O'Donoghue and Arthur Matheson, favoured a short and concise document. However, the final draft grew large and unwieldy due to submissions from various religious groups, including the Irish province of the Jesuits and Fr John Charles McQuaid, a future archbishop of Dublin. Despite the influence of Catholic thinking on the text, De Valera's risky political strategy ultimately succeeded in producing a document of enduring value.
De Valera's government deliberately provided that the new constitution would be adopted outside the terms of the 1922 Constitution, which allowed for amendments to be enacted by parliament. By contrast, the 1937 Constitution could only be amended through a national referendum, with the consent of the Irish people. This ensured that the Constitution of Ireland is the longest continually operating republican constitution within the European Union.
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It guarantees fundamental rights and a popularly elected president
The Irish Constitution (Bunreacht na hÉireann) was ratified by the Irish people in 1937. It is the fundamental law of the State, guaranteeing fundamental rights and outlining the functions of the State and its agencies. It establishes the branches of government, the courts, and how these institutions should be run.
The Constitution guarantees the fundamental rights of every Irish citizen. Articles 40-44 provide for these rights, which include the right to education, religion, and the family. These rights are confirmed and protected by the Constitution and are part of a wider human rights framework in Ireland. This 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 Constitution also guarantees the right to Irish nationality and citizenship for those born in the island of Ireland, including its islands and seas. It also states that no person may be excluded from Irish nationality and citizenship based on their sex. It is the entitlement and birthright of every person born in Ireland to be part of the Irish Nation, and this extends to those who qualify in accordance with the law to be citizens of Ireland.
The Constitution provides for a popularly elected president. The minimum age for a candidate to be eligible for election as President is 35 years of age, according to the Constitution. The process of amending the Constitution involves a national referendum, and to date, there have been 40 constitutional referendums, with 32 resulting in amendments.
The Irish Constitution is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. It came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937, in which 56% of voters were in favour.
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It establishes the organs of the state and how they should be run
The Irish Constitution, or Bunreacht na hÉireann, was ratified by the Irish people in 1937. It is the fundamental law of the State and establishes the organs of the state and how they should be run.
The Constitution contains 50 articles, which define the functions of the State and its agencies, and set out the separation of powers in the State. The Constitution establishes the branches or organs of government, including the courts, and sets out how these institutions should be run. It also describes the fundamental rights of every Irish citizen.
Articles 1-39 of the Constitution define the functions of the State and its agencies. They set out the separation of powers in the State, including the powers of the government, which are exercisable only by or on the authority of the organs of State established by the Constitution. The Constitution also establishes the courts and other institutions, such as the Dáil, government, public service, Attorney General, Comptroller and Auditor General, Defence Forces, and police.
The Constitution guarantees certain fundamental rights, including the right to be free from discrimination on the basis of sex, and the right to citizenship for those born in the island of Ireland. It also recognises the Irish language as the first official language, with English as the second official language.
The Constitution may be amended solely by a national referendum. To date, 40 constitutional referendums have been held, resulting in 32 amendments to the Constitution.
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Frequently asked questions
The Irish Constitution was written in 1937.
The Irish Constitution was drafted by John Hearne, under the supervision of Éamon de Valera, who was President of the Executive Council of the Irish Free State at the time.
The Irish Constitution came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937.
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