Key Concepts: “Separation of Powers” - L.O. 2.5 Comparison: How does the role of the Irish The Irish Governmental System The Irish President President differ from the US President Michael D Higgins & ‘Soft Power” Is there scope for the President to speak R e forms : What reforms of the office would you Irish Constitution (Articles 12-14) suggest (if any!) – justify your choice! more frequently, but less formally? “Truly, the Irish President is a Republican Monarch.” “Presidential elections can sometimes turn into the ‘Great Irish Bake-off’.” Robert Elgie, DCU School of Law and Government

Step 1: Get Nominated! What are the Powers and Limitations of the office of President? The Irish President is a ‘Head of State’, closer to the Queen of England than There are 3 ways to qualify to the ‘Executive’ Presidencies of France run for the Irish Presidency: or the United States. (Ireland’s 1. An incumbent/past Step 3: What can you do? Step 4: What can you not do? ‘executive’ power is held by the cabinet. president can nominate The Powers The Limitations A ‘Head of State’ is primarily a ‘symbolic’ themselves Despite being one of the weakest directly elected There are specific limitations to the role. She/he is the ‘First Citizen’ of the 2. Be nominated by 20 presidents in the world, she/he does have some President’s term and functions country because the President “shall take members of the Oireachtas limited power, including (but not only): • May not be a member of the Houses of the precedence over all other persons in the (Dáil and/or Seanad • The absolute power to pardon or commute Oireachtas State.” 3. Be nominated by a sentences (others can also be given this • Shall not hold any other office or position

power, only exercised 5 times) of emolument (salary, fee, or profit from minimum of Four Local “It is a common feature of the Irish • Can, after consulting with the Council of employment or office). Authorities political scene for Presidents to be State, address the nation or Oireachtas • Must be over 35. In 2015 a Referendum criticised for allegedly stepping outside th Step 2: Get Elected • Can refer bills passed by the Oireachtas to was held on the 35 Amendment (lost their constitutional domain almost every 1. Presidential Elections are the Supreme Court who can decide on their by 73%-27%) that aimed to change the time they express an opinion that touches ‘Constitutionality’, based on the advice of qualifying age to 21! run by Proportional on some aspect of economic or social the ‘Council of State’ (done 15 times, with 8 • Elected for a 7-year term (with one policy. However, the only formal Representation (PR), found to be unconstitutional) additional term) Single Transferable Vote restrictions are in Article 13.7; namely, • Is the “Supreme Commander of the Defence • Can’t leave the state without the where the President makes a formal (STV) Forces” and awards commissions to officers permission of Government address to either the Oireachtas or the 2. To vote in a Presidential (but exercises no actual command over the • Can be impeached (for example, for Nation on a matter of national election you must: army!) failing to carry out automatic duties) by a importance, the address must first be • An Irish citizen • Can dissolve (or refuse to dissolve) a 2/3 majority of Oireachtas approved by the Government.” • Aged 18 or over government when requested to do so by the • The President is prevented from (Conor O’Mahony, UCC, Lecturer in Government • Ordinarily resident in addressing "a message to the Nation" Constitutional Law) • Under very specific circumstances, Article 27 without the approval of the government. the State and registered allows Bills to be referred to a referendum This is interpreted to mean any public to vote Personal Response: prior to being signed into law (never used) remarks… Now that you have some idea as to what ***Bear in mind that there’s a the Irish Presidency is about, would you €750,000 spending limit per Many of the ‘functions’ of the Irish President are automatic. i.e. they MUST be carried out with no prefer to see the him/her take a more candidate*** active role in Irish politics, even in an discretion on the part of the office holder. These include: informal way? 1. Bills must be signed into law between 5-7 days after passing both houses of the Oireachtas ****We don’t have a Vice-President. Would you prefer to see the President 2. The President appoints the Taoiseach, Government Ministers, and judges to office. But the have a broader range of powers and If the President dies, or is Constitution compels the President to simply rubber-stamp the nominee put forward incapacitated (to the satisfaction of responsibilities? How would you go 3. The same applies to accepting the resignation of Ministers, or acceding to requests for the the Supreme Court), an election about expanding or contracting the must be held within 60 days.*** dissolution of the Dáil (provided the Taoiseach requesting the dissolution has a majority) powers that currently exist?