Constitution of Ireland

Constitution of Ireland. The fundamental law of Ireland, it was enacted by a plebiscite on 1 July 1937 and came into force on 29 December 1937. It establishes the state as a sovereign, independent, democratic republic and outlines the structure of government, fundamental rights, and directive principles of social policy. The document replaced the earlier Constitution of the Irish Free State and asserts the national territory as the whole island of Ireland, while acknowledging the *de facto* jurisdiction over Northern Ireland.

History and background

The drafting process was overseen by Éamon de Valera, then Taoiseach, and his Fianna Fáil government, with significant input from figures like John Hearne, the Attorney General. It was developed against the backdrop of the Anglo-Irish Treaty of 1921 and the subsequent Irish Free State, seeking to remove residual symbols of monarchical authority and assert greater sovereignty. The text was influenced by various sources, including Catholic social teaching, contemporary European constitutions, and the democratic traditions of Dáil Éireann. Its enactment followed a direct vote of the people, bypassing the Oireachtas of the Irish Free State, and it has been in continuous operation since, surviving the state's transition to the Republic of Ireland Act 1948.

Main provisions

The document creates a parliamentary republic with a President of Ireland as head of state, who is elected by popular vote. Executive power is vested in a Government of Ireland headed by the Taoiseach, who is appointed by the President upon nomination by Dáil Éireann. The national parliament, the Oireachtas, consists of the President and two houses: Dáil Éireann (the lower house) and Seanad Éireann (the upper house). It contains an extensive Bill of Rights, covering personal liberty, freedom of expression, and the rights to private property and education. Notable articles also include the assertion of a territorial claim over Northern Ireland in Articles 2 and 3 (since amended) and directive principles of social policy for the Oireachtas.

Amendment process

Amendment requires a proposal passed by both houses of the Oireachtas and then approved by the people in a referendum. This process is outlined in Article 46 and has been used frequently, with over thirty amendments adopted since 1937. Notable amendments include the Third Amendment allowing entry into the European Communities, the Eighth Amendment on the right to life of the unborn (subsequently repealed), the Twelfth Amendment on the right to life (not passed), and the Nineteenth Amendment allowing the state to ratify the Good Friday Agreement. The process ensures the document remains a reflection of popular sovereignty, as interpreted by the Supreme Court.

Judicial review and interpretation

The Supreme Court of Ireland is the final arbiter of constitutional interpretation and possesses the power of judicial review to invalidate laws or actions of the Oireachtas, the Government, or other bodies that conflict with its provisions. Landmark cases have shaped Irish society, such as those involving the "X" Case on abortion, Ryan v. Attorney General on unenumerated rights, and McGee v. The Attorney General on marital privacy. The courts have developed doctrines like unenumerated personal rights derived from the Christian and democratic nature of the state, as referenced in the preamble. The High Court also exercises significant jurisdiction in constitutional matters.

Role in Irish law and politics

It is the supreme law of the land, and any ordinary law passed by the Oireachtas that is repugnant to it is invalid. It provides the foundational framework for all political activity, defining the relationship between institutions like the President, the Dáil, and the courts. The document has been central to major political debates and referendums on issues such as European Union treaties, abortion, divorce, and blasphemy. Its influence extends beyond Ireland, having been studied in other jurisdictions and serving as a symbolic embodiment of national sovereignty since the state's emergence from the Irish Free State.

Ireland Category:Government of Ireland Category:1937 in law