Constitution of Ireland

Constitution of Ireland
Name	Constitution of Ireland
Country	Ireland
Created	1937
Ratified	July 1, 1937
Date enacted	December 29, 1937

Constitution of Ireland. The Constitution of Ireland was enacted by the Oireachtas and came into effect on December 29, 1937, replacing the Constitution of the Irish Free State. It was drafted by John Hearne, Michael McDunphy, and Maurice Moynihan under the guidance of Éamon de Valera, who served as both the President of the Executive Council of the Irish Free State and the Taoiseach. The document has undergone several amendments since its enactment, with significant changes made in 1937, 1941, and 1999, following the recommendations of the All-Party Oireachtas Committee on the Constitution and the Taoiseach of the time, Bertie Ahern.

History of the Constitution

The history of the Constitution of Ireland is closely tied to the country's struggle for independence from the United Kingdom, with key figures such as Patrick Pearse, James Connolly, and Éamon de Valera playing important roles in shaping the nation's Anglo-Irish Treaty and subsequent Irish Free State Constitution. The Irish War of Independence and the Irish Civil War also had a significant impact on the development of the Constitution of Ireland, with the Treaty of London and the Statute of Westminster influencing the country's relationship with the British Commonwealth and the Monarchy of the United Kingdom. The Constitution (Amendment No. 27) Act 2004 and the Constitution (Amendment No. 28) Act 2004 were also significant, as they related to the Treaty of Nice and the Treaty of Lisbon, and were influenced by the work of Peter Sutherland, Garret FitzGerald, and the European Commission.

Preamble and Principles

The Preamble to the United States Constitution and the Preamble to the Constitution of India have been cited as influences on the Preamble to the Constitution of Ireland, which sets out the principles and values that underpin the document, including the Christian values and Catholic social teaching that have shaped the country's Social Partnership and National Economic and Social Council. The principles of sovereignty, democracy, and human rights are also enshrined in the document, reflecting the country's commitment to the Universal Declaration of Human Rights and the European Convention on Human Rights, as well as the work of Mary Robinson, Seán MacBride, and the Irish Council for Civil Liberties. The Treaty of Rome and the Maastricht Treaty have also had a significant impact on the development of the Constitution of Ireland, with the country's membership in the European Union and the Council of Europe influencing its approach to issues such as subsidiarity and proportionality.

Structure of the State

The Structure of the State is outlined in the Constitution of Ireland, with the Oireachtas comprising the President of Ireland, the Dáil Éireann, and the Seanad Éireann. The Taoiseach serves as the head of government, while the Tánaiste acts as deputy head, and the Cabinet of Ireland is responsible for the administration of the country, with key figures such as Enda Kenny, Brian Cowen, and Bertie Ahern having played important roles in shaping the nation's Fiscal Policy and Monetary Policy. The Supreme Court of Ireland and the High Court of Ireland are responsible for the administration of justice, with notable judges such as Susan Denham, John Murray, and Adrian Hardiman having made significant contributions to the development of the country's Common Law and Statute Law.

Fundamental Rights

The Fundamental Rights enshrined in the Constitution of Ireland include the right to life, liberty, and security of the person, as well as the right to freedom of speech, freedom of assembly, and freedom of association. The European Court of Human Rights and the United Nations Commission on Human Rights have also played important roles in shaping the country's approach to human rights, with the work of Kofi Annan, Mary Robinson, and the Irish Human Rights Commission having been influential in this regard. The Constitution (Amendment No. 26) Act 2002 and the Constitution (Amendment No. 29) Act 2005 were also significant, as they related to the Treaty of Amsterdam and the Treaty of Nice, and were influenced by the work of Peter Sutherland, Garret FitzGerald, and the European Commission.

Government and Politics

The Government and Politics of Ireland are shaped by the Constitution of Ireland, with the Oireachtas and the Taoiseach playing key roles in the country's Parliamentary System. The Dáil Éireann and the Seanad Éireann are responsible for the passage of legislation, while the President of Ireland serves as the head of state, with notable figures such as Mary McAleese, Mary Robinson, and Douglas Hyde having made significant contributions to the development of the country's Foreign Policy and Diplomacy. The European Parliament and the Council of the European Union also have a significant impact on the country's European Policy, with the work of Pat Cox, Brian Crowley, and the European People's Party having been influential in this regard.

Amendments and Reforms

The Amendments and Reforms to the Constitution of Ireland have been significant, with several changes made since its enactment in 1937. The Constitution (Amendment No. 1) Act 1939 and the Constitution (Amendment No. 2) Act 1941 were among the first amendments, while the Constitution (Amendment No. 27) Act 2004 and the Constitution (Amendment No. 28) Act 2004 were more recent, relating to the Treaty of Nice and the Treaty of Lisbon. The All-Party Oireachtas Committee on the Constitution and the Taoiseach of the time, Bertie Ahern, played important roles in shaping these reforms, which were influenced by the work of Peter Sutherland, Garret FitzGerald, and the European Commission. The Irish Constitutional Convention and the Citizens' Assembly have also been established to examine potential reforms to the Constitution of Ireland, with the goal of ensuring that the document remains relevant and effective in the modern era, and reflects the values and principles of the United Nations, the Council of Europe, and the European Union.

Category:Constitutions