Malcolm Rivera
The Constitution of Ireland, 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 modern Constitution of Ireland came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937. It has been amended several times since its enactment, with the most recent amendment being signed into law on 17 November 2021. The procedure for amending the Constitution is outlined in Article 46, which includes a requirement for a national referendum. The Constitution is also part of a wider human rights framework in Ireland, incorporating various international commitments.
| Characteristics | Values |
|---|---|
| Name | Constitution of Ireland (Irish: Bunreacht na hÉireann) |
| Previous versions | Constitution of the Irish Free State (1922) |
| Date enacted | 29 December 1937 |
| Amendment procedure | Per Article 46, an amendment must be passed by both Houses of the Oireachtas, submitted to a referendum, and signed into law by the President |
| Number of amendments | 16 in the first 60 years |
| Number of articles | 50 |
| Contents | Articles 1-39 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. |
| Special recognition | The Constitution of Ireland is the longest continually operating republican constitution within the European Union. |
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What You'll Learn
The Constitution of Ireland is the fundamental law of Ireland
The Constitution of Ireland (Irish: Bunreacht na hÉireann) is the fundamental law of Ireland. It came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937. 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 a comprehensive document that sets out how Ireland should be governed and outlines the rights of Irish citizens. It guarantees certain fundamental rights, including a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review. It is the highest law of the land and grants the Supreme Court of Ireland the authority to interpret its provisions and strike down any laws or government activities found to be unconstitutional.
The Constitution has been amended several times to address new social issues, outdated provisions, or to align with international laws and commitments. Amendments must be passed by both Houses of the Oireachtas, submitted to a referendum, and signed into law by the President. The Constitution has been enrolled six times—in 1938, 1942, 1980, 1990, 1999, and 2019—to include these amendments and keep the document up-to-date.
One notable aspect of the Constitution is its recognition of the special position of the Roman Catholic Church, which was common in predominantly Catholic countries during the 1930s. However, this reference had no legal effect, and the Constitution has since been amended to remove certain provisions influenced by Catholic social teaching, such as the ban on divorce, which was repealed in 1996.
The Constitution of Ireland is a living document that has evolved to meet the changing needs and values of Irish society. It serves as the foundation for the country's legal system and continues to shape the governance and protection of rights for the people of Ireland.
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The Irish Constitution sets out how Ireland should be governed
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document that sets out how Ireland should be governed. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. The Constitution came into force on 29 December 1937 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, the courts, and sets out how those institutions should be run. It also describes the fundamental rights of every citizen. The Constitution contains 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. Articles 40-44 provide for the fundamental rights of Irish citizens, including the right to privacy, the right to life, and the right to work and earn a living. The Constitution also contains specific articles on education, religion, and the family, which affect how education is organised.
The Constitution is also part of a wider human rights framework in Ireland, which refers to all legal and other human rights commitments made by the country. This includes treaties under the United Nations, the European Convention on Human Rights, and the Charter of Fundamental Rights of the European Union.
The procedure for amending the Constitution is set out in Article 46. An amendment must first be passed by both Houses of the Oireachtas, then be submitted to a referendum, and finally signed into law by the President. Amendments are sometimes proposed to address new social problems or phenomena not considered at the time of the Constitution's drafting, to address outmoded provisions, or to attempt to reverse or alter an interpretation of the court through a corrective referendum.
The Constitution has been enrolled six times: in 1938, 1942, 1980, 1990, 1999, and 2019. It states that it is the highest law of the land and grants the Supreme Court of Ireland the authority to interpret its provisions and strike down laws found to be unconstitutional.
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The Irish Constitution outlines the rights of Irish citizens
The Irish Constitution, or Bunreacht na hÉireann, is the fundamental legal document that outlines 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. It is the longest continually operating republican constitution within the European Union.
The Constitution guarantees certain fundamental rights, including freedom of worship, the right to vote, and the right to nationality and citizenship on an equal basis for men and women. It also guarantees the right to personal liberty, as outlined in Article 40.4, which sets out the procedure for obtaining habeas corpus. The Constitution also recognises the rights of the family, with Articles 41 and 42 providing for the right to marital privacy, the right to make decisions about family planning, and the right to consort and procreate.
The Constitution is part of a wider human rights framework in Ireland, which includes international treaties such as the United Nations and the European Convention on Human Rights. It is worth noting that the Constitution also contains provisions to protect the rights of those living in Northern Ireland, guaranteeing them the right to be a part of the Irish Nation and to Irish citizenship.
The procedure for amending the Constitution is outlined in Article 46. Amendments must first be passed by both Houses of the Oireachtas, then submitted to a referendum, and finally signed into law by the President. This process ensures that any changes to the Constitution reflect the will of the Irish people and protect their rights.
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The Constitution is amended through a national referendum
The Constitution of Ireland, one of the most important documents in the country's history, was signed into law on July 1, 1937, in what is now known as the Constitution Room in Dublin Castle. This room, adorned with intricate oak panelling and ornate plasterwork, served as the model for the design of the United Nations' Security Council Chamber in New York. The signing ceremony was a momentous occasion, marking the culmination of years of work by the drafters of the Constitution, led by Éamon de Valera, who would become the first Taoiseach of Ireland under the new Constitution.
The Constitution has since been amended numerous times, and one of the unique features of Ireland's constitutional framework is the process by which amendments are made – through a national referendum. This process underscores the importance the Irish place on direct democracy and popular sovereignty. When a proposal to amend the Constitution arises, it must first be approved by both houses of the Irish parliament, known as the Oireachtas. This proposal is then put before the people of Ireland in a referendum, where a simple majority is required for the amendment to be successful.
The referendum process ensures that any changes to the Constitution are made with the explicit consent of the Irish people. It is a mechanism that empowers citizens to have a direct say in shaping the fundamental laws that govern their country. The Oireachtas, through a regular or special committee, examines the proposed amendment and holds public hearings to gather input from experts and stakeholders. This provides an opportunity for scrutiny, debate, and a thorough consideration of the potential implications of the proposed change. During this process, the government also decides on the timing of the referendum, which is usually held on a Thursday.
Once the referendum date is set, there is a period of public discussion and campaigning. This is when the proposal is vigorously debated in the public sphere, with various interest groups, political parties, and individuals advocating for or against the amendment. The government and the Oireachtas play a crucial role in providing impartial information to the public, ensuring that voters have a clear understanding of the proposed amendment and its potential consequences. This period of public engagement is essential for an informed electorate and encourages citizens to actively participate in the democratic process. The referendum process in Ireland has been used to address a wide range of issues, from abortion rights and same-sex marriage to the removal of blasphemy laws and the directly elected mayor.
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The Constitution has been enrolled six times
The Constitution of Ireland is the fundamental law of the country, guaranteeing certain fundamental rights, a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. The Constitution came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937.
The Constitution can be amended through a national referendum, with the consent of the Irish people. The procedure for amendment is outlined in Article 46. An amendment must be passed by both Houses of the Oireachtas, submitted to a referendum, and finally signed into law by the President. This process allows for addressing new social issues, outdated provisions, and interpreting court rulings.
The Constitution's recognition of human rights is part of a broader human rights framework in Ireland, including commitments under the United Nations, the European Convention on Human Rights, and the Charter of Fundamental Rights of the European Union. The Constitution grants the Supreme Court of Ireland the authority to interpret its provisions and strike down laws or government activities that are deemed unconstitutional.
The Constitution of Ireland is a significant document that outlines the governance of the country and protects the rights of its citizens, with a process in place to ensure it remains relevant and up-to-date through amendments and periodic enrolments.
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Frequently asked questions
The Constitution of Ireland was signed in Dublin, Ireland.
The Constitution of Ireland came into force on 29 December 1937 following a statewide plebiscite held on 1 July 1937.
The Constitution of Ireland is the fundamental law of the country. It asserts the national sovereignty of the Irish people and guarantees certain fundamental rights.
The procedure for amending the Constitution is set out in Article 46. An amendment must first be passed by both Houses of the Oireachtas, then submitted to a referendum, and finally signed into law by the President.
The Constitution of Ireland has been amended 16 times in its first 60 years. The most recent amendment was the Twenty-ninth Amendment, which was signed into law on 17 November 2011.
