BUNREACHT NA hÉIREANN. CONSTITUTION OF IRELAND. Enacted by the People 1st July, In operation as from 29th December, Constitution of Ireland. Amendments effected since the Constitution was enacted in are listed below. Ninth Amendment of the Constitution Act, [Extended the right to vote at Dáil elections to certain non-Irish nationals.]. Bunreacht na hÉireann constitution of ireland d'achtaigh an Pobal an 1 iúil, enacted by the People 1st July, i ngníomh ón 29 nollaig,
|Language:||English, Portuguese, Arabic|
|Genre:||Academic & Education|
|ePub File Size:||20.36 MB|
|PDF File Size:||16.23 MB|
|Distribution:||Free* [*Sign up for free]|
BUNREACHT NA hÉIREANN - CONSTITUTION OF IRELAND. Enacted by the People 1st July, , In operation as from 29th December. Bunreacht na hÉireann. THE NATION. AN NÁISIÚN. ARTICLE 1 AIRTEAGAL 1. LITERAL ENGLISH TRANSLATION. The nation of Ireland hereby. Bunreacht na hÉireann (the Irish Constitution) is the fundamental was published in Iris Oifigiúil (pdf) (the State Gazette) on 29
Under Article Individual rights[ edit ] As enumerated under the heading "Fundamental Rights"[ edit ] Equality before the law: Equality of all citizens before the law is guaranteed by Article Prohibition on titles of nobility: The state may not confer titles of nobility, and no citizen may accept such a title without the permission of the Government Article In practice, governmental approval is usually a formality.
Personal rights: The state is bound to protect "the personal rights of the citizen", and in particular to defend "the life, person, good name, and property rights of every citizen" Article Unenumerated rights: The language used in Article Such rights upheld by the courts have included the right to marital privacy and the right of the unmarried mother to custody of her child.
Abortion law: Pregnancy termination may be regulated by law Article Abortion had been prohibited by the previous Article Habeas corpus: The citizen's right to personal liberty is guaranteed by Article However, these rights are specifically excepted from applying to the actions of the Defence Forces during a "state of war or armed rebellion" Article Since the Sixteenth Amendment it has also been constitutional for a court to deny bail to someone charged with a crime where "it is reasonably considered necessary", to prevent that person from committing a "serious offence" Article Inviolability of the home: A citizen's home may not be forcibly entered, except as permitted by law Article Freedom of speech: Subject to "public order and morality", a qualified right of freedom of speech is guaranteed by Article However, "the State shall endeavour to ensure that organs of public opinion" such as the news media "shall not be used to undermine public order or morality or the authority of the State".
Furthermore, "the publication or utterance of blasphemous, seditious, or indecent matter" is specifically stated to be a criminal offence. In Corway v. Independent Newspapers , the Supreme Court dismissed an attempt to bring a prosecution for blasphemy on the basis that, amongst other things, no coherent definition of the offence was provided by law.
Such a definition is now provided by the Defamation Act , which defines it as the publication of matter "grossly abusive or insulting in relation to matters held sacred by any religion, thereby [intentionally] causing outrage among a substantial number of the adherents of that religion".
Freedom of peaceful assembly: Subject to "public order and morality", the right of citizens to peaceful assembly "without arms" is guaranteed by Article However, the Oireachtas is empowered to limit this right by law when a meeting may be "calculated to cause a breach of the peace or to be a danger or nuisance to the general public"; the Oireachtas is similarly empowered to limit this right in relation to meetings held "in the vicinity" of either House.
Freedom of association: Subject to "public order and morality", the right of citizens "to form associations and unions" is also guaranteed by Article Family and home life: Under Article Article Education: Article 42 guarantees parents the right to determine where their children shall be educated including at home , provided a minimum standard is met.
Under the same article the state must provide for free primary level education. Currently Irish law also guarantees free second and third level education.
Private property: The right to own and transfer private property is guaranteed by Article 43, subject to "the principles of social justice", and in accordance with laws passed reconciling the right "with the exigencies of the common good" Article Religious freedom: A citizen's freedom of religious conscience, practice, and worship is guaranteed, "subject to public order and morality", by Article The state may not "endow" any religion Article As enumerated under other headings[ edit ] Prohibition of the death penalty: Since the enactment of the twenty-first amendment , signed into law in , the Oireachtas is prohibited from enacting any law that imposes the death penalty Article Prohibition of ex post facto laws: The Oireachtas may not enact ex post facto criminal laws Article Due process and trial by jury: Trial for any alleged criminal offence may only be "in due course of law" Article All trials for a serious offence of a person not subject to military law must be before a jury Article Sexual discrimination: The sex of an individual cannot be a reason to deny them the right to citizenship Article 9.
Statutory rights[ edit ] Irish law currently also forbids discrimination in employment and services from both the public and private sectors on grounds of sex including transsexuals , marital status, family status, sexual orientation, age, disability, race including nationality , membership of the Traveller community , and lack of religious belief.
Directive Principles of Social Policy[ edit ] Article 45 outlines a number of broad principles of social and economic policy. Its provisions are, however, intended solely "for the general guidance of the Oireachtas", and "shall not be cognisable by any Court under any of the provisions of this Constitution" preamble to Article The "Directive Principles of Social Policy" feature little in contemporary parliamentary debates.
However, no proposals have yet been made for their repeal or amendment. The principles require, in summary, that: "justice and charity" must "inform all the institutions of the national life".
Constitution of Ireland (original text)
Everyone has the right to an adequate occupation. The free market and private property must be regulated in the interests of the common good. The state must prevent a destructive concentration of essential commodities in the hands of a few.
The state must supplement private industry where necessary. The state should ensure efficiency in private industry and protect the public against economic exploitation. The state must protect the vulnerable, such as orphans and the aged. No one may be forced into an occupation unsuited to their age, sex or strength. A list of the amending Acts is at the front of the Constitution published on irishstatutebook.
A majority of voters approved the referendum proposal — you can read about the result on referendum. If no petition challenging the result is presented to the High Court within 7 days of its publication, the certificate becomes final.
The President will then sign the Bill to change the Constitution and the Constitution will be amended. Read more about constitutional referendums. How to apply You can access a full copy of the Constitution on irishstatutebook. You may also order a copy from the Government Publications Office and it is available in bookshops nationwide.
If you feel that your constitutional rights are being violated, you may wish to engage a solicitor. The President may, after consultation with the Council of State, address a message to the Nation at any time on any such matter. Every such message or address must, however, have received the approval of the Government.
Constitution of Ireland
The President shall not be answerable to either House of the Oireachtas or to any court for the exercise and performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions.
The behaviour of the President may, however, be brought under review in either of the Houses of the Oireachtas for the purposes of section 10 of Article 12 of this Constitution, or by any court, tribunal or body appointed or designated by either of the Houses of the Oireachtas for the investigation of a charge under section 10 of the said Article.
The powers and functions conferred on the President by this Constitution shall be exercisable and performable by him only on the advice of the Government, save where it is provided by this Constitution that he shall act in his absolute discretion or after consultation with or in relation to the Council of State, or on the advice or nomination of, or on receipt of any other communication from, any other person or body.
Subject to this Constitution, additional powers and functions may be conferred on the President by law.
No power or function conferred on the President by law shall be exercisable or performable by him save only on the advice of the Government.
Article 14 In the event of the absence of the President, or his temporary incapacity, or his permanent incapacity established as provided by section 3 of Article 12 hereof, or in the event of his death, resignation, removal from office, or failure to exercise and perform the powers and functions of his office or any of them, or at any time at which the office of President may be vacant, the powers and functions conferred on the President by this Constitution shall be exercised and performed by a Commission constituted as provided in section 2 of this Article.
The President of the High Court shall act as a member of the Commission in the place of the Chief Justice on any occasion on which the office of Chief Justice is vacant or on which the Chief Justice is unable to act.
The Commission may act by any two of their number and may act notwithstanding a vacancy in their membership. The Council of State may by a majority of its members make such provision as to them may seem meet for the exercise and performance of the powers and functions conferred on the President by this Constitution in any contingency which is not provided for by the foregoing provisions of this Article.
Constitution of Ireland
The provisions of this Constitution which relate to the exercise and performance by the President of the powers and functions conferred on him by this Constitution shall subject to the subsequent provisions of this section apply to the exercise and performance of the said powers and functions under this Article.
In the event of the failure of the President to exercise or perform any power or function which the President is by this Constitution required to exercise or perform within a specified time, the said power or function shall be exercised or performed under this Article, as soon as may be after the expiration of the time so specified. The Oireachtas shall consist of the President and two Houses, viz. The Houses of the Oireachtas shall sit in or near the City of Dublin or in such other place as they may from time to time determine.
The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State. Provision may however be made by law for the creation or recognition of subordinate legislatures and for the powers and functions of these legislatures.
The Oireachtas may provide for the establishment or recognition of functional or vocational councils representing branches of the social and economic life of the people.
A law establishing or recognising any such council shall determine its rights, powers and duties, and its relation to the Oireachtas and to the Government.
The Oireachtas shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof. Every law enacted by the Oireachtas which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid.
The Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission. The right to raise and maintain military or armed forces is vested exclusively in the Oireachtas.
No military or armed force, other than a military or armed force raised and maintained by the Oireachtas, shall be raised or maintained for any purpose whatsoever. The Oireachtas shall hold at least one session every year. Sittings of each House of the Oireachtas shall be public. In cases of special emergency, however, either House may hold a private sitting with the assent of two-thirds of the members present. Each House of the Oireachtas shall elect from its members its own Chairman and Deputy Chairman, and shall prescribe their powers and duties.
The remuneration of the Chairman and Deputy Chairman of each House shall be determined by law. Each House shall make its own rules and standing orders, with power to attach penalties for their infringement, and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.
All questions in each House shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present and voting other than the Chairman or presiding member. The Chairman or presiding member shall have and exercise a casting vote in the case of an equality of votes. The number of members necessary to constitute a meeting of either House for the exercise of its powers shall be determined by its standing orders.
All official reports and publications of the Oireachtas or of either House thereof and utterances made in either House wherever published shall be privileged. The members of each House of the Oireachtas shall, except in case of treason as defined in this Constitution, felony or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of, either House, and shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself.
No person may be at the same time a member of both Houses of the Oireachtas, and, if any person who is already a member of either House becomes a member of the other House, he shall forthwith be deemed to have vacated his first seat.
The Oireachtas may make provision by law for the payment of allowances to the members of each House thereof in respect of their duties as public representatives and for the grant to them of free travelling and such other facilities if any in connection with those duties as the Oireachtas may determine. The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.
The members shall be elected on the system of proportional representation by means of the single transferable vote. No law shall be enacted whereby the number of members to be returned for any constituency shall be less than three. Save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the Financial Resolutions of each year shall be enacted within that year.
A Bill passed by either House and accepted by the other House shall be deemed to have been passed by both Houses. Article 22 A Money Bill means a Bill which contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on public moneys or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; matters subordinate and incidental to these matters or any of them.
In this definition the expressions "taxation", "public money" and "loan" respectively do not include any taxation, money or loan raised by local authorities or bodies for local purposes. In the case of an equality of votes but not otherwise the Chairman shall be entitled to vote. The decision of the Committee shall be final and conclusive. Save as otherwise provided by this Constitution, every Bill so presented to the President for his signature and for promulgation by him as a law shall be signed by the President not earlier than five and not later than seven days after the date on which the Bill shall have been presented to him.
Every Bill signed by the President under this Constitution shall become and be law as on and from the day on which the Bill shall have been so signed. Every Bill signed by the President shall come into operation on the day on which it is so signed unless the contrary intention appears.
As soon as may be after the President has signed any Bill and promulgated it as a law, the signed text shall be enrolled for record in the office of the Registrar of the Supreme Court and such signed text shall be conclusive evidence as to the provisions of such law. An official translation of every law enacted by the Oireachtas in the Irish language shall be issued in the English language and an official translation of every law enacted by the Oireachtas in the English language shall be issued in the Irish language.
The President may, after consultation with the Council of State, refer any Bill to which this Article applies to the Supreme Court for a decision on the question as to whether such Bill or any specified provision or provisions of such Bill is or are repugnant to this Constitution or to any provision thereof.
Every such reference shall be made not later than four days after the date on which such Bill shall have been passed or deemed to have been passed by both Houses of the Oireachtas. The President shall not sign any Bill the subject of a reference to the Supreme Court under this Article pending the pronouncement of the decision of the Court.
The Supreme Court consisting of not less than five judges shall consider every question referred to it by the President under this Article for a decision, and, having heard arguments by or on behalf of the Attorney General and by counsel assigned by the Court, shall pronounce its decision on such question in open court as soon as may be, and in any case not later than sixty days after the date of such reference.
The decision of the majority of the judges of the Supreme Court shall, for the purposes of this Article, be the decision of the Court. In every case in which the Supreme Court decides that any provision of a Bill the subject of a reference to the Supreme Court under this Article is repugnant to this Constitution or to any provision thereof, the President shall decline to sign such Bill.Such other persons, if any, as may be appointed by the President under this Article to be members of the Council of State.
A family exclusively based on marriage is envisaged: Article The Courts Service emphasizes that these are not the authoritative versions which continue to be the hard copies of the judgments. Freedom of association: Subject to "public order and morality", the right of citizens "to form associations and unions" is also guaranteed by Article Provision may, however, be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the State or in any part thereof.
Representing a state abroad is seen by many scholars as the key characteristic of a head of state. The Constitution had, from to , contained a prohibition of abortion. Minimum age requirement for the President[ edit ] Perhaps the most significant discrepancy between the two texts of the Constitution is to be found in the subsection stipulating the minimum age for a candidate to be eligible for election as President Art.
The president of the Supreme Court shall be called the Chief Justice.