Anaya Nolan
The Irish Constitution, also known as Bunreacht na hÉireann, came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937. The draft constitution was published on 1 May 1937 and approved by Dáil Éireann on 14 June 1937. It is the fundamental law of Ireland, guaranteeing certain fundamental rights, a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review. The Irish Constitution is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State.
| Characteristics | Values |
|---|---|
| Date of coming into force | 29 December 1937 |
| Date of ratification | 1937 |
| Date of publication of the draft constitution | 1 May 1937 |
| Date of approval by Dáil Éireann | 14 June 1937 |
| Date of enactment of the Plebiscite (Draft Constitution) Act 1937 | 2 June 1937 |
| Date of statewide plebiscite | 1 July 1937 |
| Date of the previous Constitution of the Irish Free State | 6 December 1922 |
| Date of the Irish Free State Constitution Act 1922 | 5 December 1922 |
| First official language | Irish |
| Second official language | English |
| Power division | Legislature, executive and judiciary |
| Legislative power | Oireachtas |
| Executive power | Government (Taoiseach, Tánaiste and Cabinet Ministers) |
| Judicial power | Courts |
| Referendum requirement for constitutional amendments | Yes |
| Number of constitutional referendums held | 40 |
| Number of constitutional referendums resulting in amendments | 32 |
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What You'll Learn
The Irish Constitution came into force on 29 December 1937
The Irish Constitution, also known as Bunreacht na hÉireann, came into force on 29 December 1937. It is the fundamental law of the State of Ireland, guaranteeing certain fundamental rights, a popularly elected non-executive president, a bicameral parliament, a separation of powers, and judicial review.
The Constitution was ratified by the Irish people in 1937, following a statewide plebiscite on 1 July 1937. The draft constitution was published on 1 May 1937 and approved by Dáil Éireann on 14 June 1937. The Oireachtas, which consists of Dáil Éireann, Seanad Éireann, and the President, enacted the Plebiscite (Draft Constitution) Act 1937 on 2 June 1937, providing for the plebiscite.
The 1937 Constitution is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State, which had been in effect since 6 December 1922. The 1937 Constitution introduced some Irish-language terms into English, such as Taoiseach and Tánaiste, and established the Irish language as the first official language, with English as the second.
The Constitution of Ireland sets out the system of government in the country, outlining the fundamental laws and the rights of Irish citizens. It establishes the branches of government, the courts, and how these institutions should be run. Power in Ireland is divided between the legislature, the executive, and the judiciary, with each branch having certain powers to maintain a balance and prevent any one group from gaining total control.
The Constitution can only be amended through a national referendum, with the consent of the Irish people.
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It was approved in a plebiscite on 1 July 1937
The Irish Constitution, or Bunreacht na hÉireann, was approved by the Irish people in a plebiscite on 1 July 1937. This was a significant step in the country's history, as it replaced the 1922 Constitution of the Irish Free State, which had been in effect since Ireland gained its independence from the United Kingdom. The 1937 Constitution introduced some Irish-language terms into English and is the fundamental law of the State, guaranteeing certain fundamental rights and freedoms for Irish citizens.
The Constitution was drafted with the desire to proclaim a single 'Irish nation' and the theoretical right of the state to encompass the whole island. It refers to two entities: a nation spanning the entire island of Ireland, and a state that, for the time being, only covers the twenty-six counties of the 'South'. This delicate wording recognised the de facto reality of partition. The Constitution also establishes the branches of government, the courts, and outlines how these institutions should be run.
The 1937 Constitution is notable for its emphasis on national sovereignty and popular rule. It asserts that all power is derived "under God, from the people" (Article 6.1). It provides for a popularly elected non-executive president and a bicameral parliament, ensuring a separation of powers and judicial review. This distribution of power helps maintain a balance, preventing any one group from gaining too much control.
The Constitution can only be amended through a national referendum, reflecting the importance placed on the consent of the Irish people. This process has been utilised multiple times, with 40 constitutional referendums held to date, 32 of which resulted in amendments to the Constitution. The Constitution of Ireland is the longest continually operating republican constitution within the European Union.
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The Irish Constitution is the fundamental law of the State
The Irish Constitution (or Bunreacht na hÉireann) is the fundamental law of the State. It was ratified by the Irish people in 1937, coming into force on 29 December 1937. The Constitution establishes the branches of government, the courts, and sets out how these institutions should be run. It also outlines the fundamental rights of Irish citizens, such as habeas corpus, the right to personal liberty, and the inviolability of the home.
The Constitution is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. The 1937 Constitution introduced some Irish-language terms into English, such as Taoiseach and Tánaiste. It also recognised Irish as the national and first official language, with English as the second official language. The Constitution is enrolled in both languages, and in the case of conflicting interpretations, the Irish language version takes precedence.
Articles 40-44 of the Constitution provide for the fundamental rights of citizens, while Articles 48-50 repealed the previous Constitution and ensured the continuance of laws. One of the most important Articles is Article 15.4, which states that the Oireachtas must not enact any law that conflicts with the Constitution. This means that the Constitution is superior to all other laws. If any element of an existing law is found to contradict the Constitution, that element is invalid.
The Constitution may be amended solely by a national referendum, of which there have been 40 to date, with 32 resulting in amendments. The Irish Constitution is the longest continually operating republican constitution within the European Union.
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It establishes the branches of government, the courts and how they should be run
The Irish Constitution, or Bunreacht na hÉireann, came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937. It is the fundamental legal document that sets out how Ireland should be governed and the rights of Irish citizens.
Branches of Government
The Constitution guarantees a popularly elected non-executive president and a bicameral parliament. The President exercises most of the usual internal functions of a head of state, such as formally appointing the Government and promulgating laws.
The Courts
The Irish Constitution provides for the judicial review of legislation. The Supreme Court of Ireland is the highest judicial authority in Ireland and sits at the top of the Irish courts system. It is the court of final appeal in civil and criminal matters and has the final say in the interpretation of the Constitution. The Supreme Court also has appellate jurisdiction to ensure compliance with the Constitution by governmental bodies and private citizens.
The Constitution expressly permits the courts to review any law, whether passed before or after the enactment of the Constitution, to determine whether it conforms with the Constitution. Acts passed after the Constitution came into force are invalid if "repugnant" to the Constitution, while laws in force prior to the Constitution are invalid if "inconsistent" with it.
The Supreme Court shares its authority with two supranational courts: the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR). In matters relating to the interpretation of European Union law, decisions of the ECJ take precedence over those of the Irish Supreme Court.
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The Constitution may be amended by a national referendum
The Irish Constitution (Bunreacht na hÉireann) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people and guarantees certain fundamental rights. It also establishes the branches of government, the courts, and sets out how these institutions should be run. The Constitution came into force on 29 December 1937, following a statewide plebiscite held on 1 July 1937.
The Irish Constitution may be amended solely through a national referendum. To date, 40 constitutional referendums have been held, with 32 resulting in amendments to the Constitution. The President will sign the Bill to change the Constitution once the referendum has been passed, and the Constitution will be amended.
A referendum is a vote held by the public on a particular proposal. In the case of Ireland, this means that the Irish people must consent to any changes to their Constitution. This is an important democratic process, ensuring that the people of Ireland have a direct say in the laws that govern them.
The referendum process can vary between countries. For example, in Australia, a referendum requires a double majority for success. This means that a majority of states must agree to the proposal, as well as a majority of combined votes from all of Australia. In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. The amendment process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). In Japan, amendments to the Constitution must be initiated by the Diet, with a concurring vote of two-thirds or more of all members of each House, and then submitted to the people for ratification.
The Irish Constitution has been amended several times since its inception, including notable changes such as the repeal of the abortion ban in 2018. This demonstrates the flexibility and adaptability of the Constitution to changing societal norms and values.
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Frequently asked questions
The Irish Constitution became law on 29 December 1937.
The Irish Constitution (or Bunreacht na hÉireann) is the fundamental law of the State. It sets out how Ireland should be governed and outlines the rights of Irish citizens.
The Irish Constitution replaced the 1922 Constitution of the Irish Free State, which had been in effect since 6 December 1922.
The Irish Constitution was drafted by John Hearne, in consultation with Phillip O'Donoghue and Arthur Matheson, under the direction of Éamon de Valera.
The Irish Constitution was approved in a national plebiscite on 1 July 1937, with 56.5% of voters in favour. It was then enacted by the Oireachtas on 29 December 1937.
