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Constitution and Government Date Printed: 04/21/2009 JTS Box Number: lFES 65 Tab Number: 20 Document Title: Ireland Constitution and Government Document Date: 1995 Document Country: Ireland Document Language: English lFES ID: CE00864 Constitution and Government The President, Mrs. Mary {?obinson, addressing a joint session.oj the houus ofthe Oireachtas. " Ireland is a parliamentary demo~racy. The CONSTITUTION Houses of the Oireachtas and the National Parliamem (in the·Irish language, Government. It also defines the structure Oireachras) consists of the President (an The Constitution ofireland is the basic and powers of the courts, sets out the rUachraran) and two Houses: a House of law of the State, It was adopted by fundamental rights of citizens and contain; Representatives (Diil Eireann) and a plebiscite in 1937. It is the successor of the a number of directive principles of social Senate (Seanad Eireann). The sole and Constitution of Diil Eireann (I 919) and policy for the general guidance of me exclusive power of making laws for the the Constitution of the Irish Free State Oireachtas. The Constitution may be State is vested in Parliament. The functions (I922). The Constitution states that all amended only by referendum. and powers of the President, Diil and legislative, executive and judicial powers of Seanad derive from the Constitution of Government derive from the people. It sets The Consrimtion outlines what are Ireland (Bunreacht na hEireann) and law. out the form of government and defines considered the fundamental rights of the the powers of the President, the two citizen. The definition of rights in the Fact Sheet 2/95 Issued by the Department of Foreign Affairs, Dublin. Constitution' covers five broad headings: State, the (qualified) right to work and to the Diil on the advice of a Taoiseach who personal rights, the family, education, earn a livelihood. the right to marital has ceased to retain the support of the private property and religion. privacy. the right of access to the courts. majoriry in the Dail. This power, which the right of the citizen to sue the State in has not so far been exercised, would force Personal Rights: the Constitution court. the right to justice and fair the Taoiseach to resign and give the Diil declares that all citizens are equal before procedures. the right to travel within and the opportunity [0 nominate a successor. the law; it guarantees to defend and without the State, the right to marry, the vindicate the personal· rights of citizens in I rights of the unmarried mother in regard The supreme command of the Defence its laws: it provides that there will be no to her child, . Forces is vested in the President. She is not deprivation of personalliberry except in answerable to either House of Parliament accordance with law; it provides for the This list is not exhaustive and it is also or to any court for the exercise and right to 'habeas corpus'; it guarantees the likely that the Courts will identifY more, as performance of the powers and functions inviolabUity of ci'tizens' dwel!ings except"in yet unenumerated. personal rights in future. of her office, She may, however, be accordance with law; and it guarantees, impeached for stated misbehaviour. subject to public order and morality, Citizens, and in certain cases non-citizens, liberty to express freely one's convictions have the right to apply to the courts to Any Irish citizen of 35 years of age may aild opinions, the right to ass~mble . 'I protect from infringement their rights stand for the office of President, The peaceably and without arins, and the right under the Constitution or to,ha~e a President is elected by direct vote of the to form associations and unions. ' judgement pro!l0unced as to whether people every seven years. A President may legislation is compatible with the ' not serve for more than two terms. The Family: the State recognises the Constitution. provided the legislation family as a ~ora1 institution posst;ssing affects, or is likely to affect, the person . The following have held the office of inalienable and imprescriptible rights, and challenging it. Moreover, the· President may President since it was established by the guarantees (0 p~otect it ~nd the institutioh before signing a Bill refer it to the Supreme 1937 Constitution: Douglas Hyde of marriage. Court for a decision on its compatibility (1938-45), Sean T. 0 Ceallaigh with the Constitution. ·These procedures (1945-59), Eamon de Valera (1959-73), Education: the State recognis~ the have be'en employed on a· number of Erskine Childers (1973-74), Cearbhall 0 primacy of the family in the education of' occasIOns. DaIaigh (1974-76), Patrick J Hillery children and undertakes to provide for free (1976-1990) and Mary Robinson primary education and to supplement aria (1990-). ' THE PRESIDENT aid private educational initiative. with due regard to the rights of the parents, ' The Pres'ident is the Head of State, The THE LEGISLATURE Private Property: the right to,,<.?wn priV<i,te current President is Mary Robinson. She property is guaranteed and its exercise is acts on the advice and authority of the Dail Eireann subject only to the exigencies of the ' Government but performs a limited The Dail nominates the Taoiseach and common good.· . I! number of functions after consultation approves the nomination (by the with an advisory Council of State. She Taoiseach) of the'other members of the Religion: the Constitution guarantees receives and accredits Ambassadors. Every Government. The Gqvernment is freedory1 of conscience a~d the frc:e law'made by Parliament is promulgated by responsible to the Diil for the I profession ·and practice of religion. subject her: Bills passed by both Houses of Departments of State administered by its only to public orde~ an~ ~lO~aliry.' :, . Parliament" require her'signature for their members. Not more than two Ministers .. "' enactment into la~. She may, before , may be members of the Seanad. The Unenumerated Rights: In addition to the signing a Bill, seek a Supreme Court Taoiseach. T:inaiste (Deputy Prime foregoing personal rights specifically ruling on whether it is repugnant to the Minister) and Minister for Finance must provided for in the words of the Constitution. be members of the Dail as must all other Constitution, the Courts have held in a Ministers who are not members of the series of cases that there are other personal On the nominatio~ of the D:iil the Seanad. rights whose existence "result(s) from the President appoints the Taoiseach (Prime Christian and democratic nature of the' Minister), On the advice of the Taoiseach The Government presents its proposals to State", and which are implicitly and with prior approval of the Dail, she the Oireachtas (either Diil or Seanad) in guaranteed by the Constitution. appoints the other members of the the form of Bills 0; Motions which the Government. On the advice of the Houses debate, amend if they so desire, The Courts have ruled that these Taoiseach she accepts the resignation Or and decide on, if necessary by a vote. unenumerated personal rights include: terminates the appointment of members These Bills go through five stages in the of Government and summons and House in which they are initiated. the right to bodily integrity, the right not dissolves the Dail, but she has Following its presentation or introduction to have one's health endangered by the discretionary power to refuse to dissolve (first stage), the general principles of the 2 Government Buildings, Merrion Street, Dublin Bill are debated (second stage) and, if a public funds and for assenting to a only be initiated in the Diil and certain second readi'1g is agreed to, the Bill is then declaration of, or participation in, war. restrictions apply to the extent to which considered in committee, which is usually the Seanad may amend such Bills. The a committee of the whole House, though Members of the Dail have the right to Ceann Comhairle must certify that the it may be a special or select committee. At address questions in Parliament to Bill in question is a Money Bill. this third stage the Bill is considered Ministers where these relate to public section by section and substantive affairs connected with the work of the A Bill passed by rhe Dail which the Seanad amendments may be made. At the fourth Ministers' Departments or with matters of rejects or which passed in the Seanad with or report stage the Bill, as reported from administration for which they are officially amendments to which the Doiil does not the committee, is considered in 'toto' and responsible. Parliamentary questions agree, or a Bill which is neither rejected further amendment may be made. At the cannot lead to a debate or a vote. nor passed within ninety days by the fifth and final stage a general debate is However, a member who is dissatisfied Seanad, may subsequently be enacted inca permissible but is confined strictly to what with an answer may, with the consent of law by a resolution of the Dail. is contained in the Bill. It may then be the Ceann Comhairle (Chairman) of the passed by the House and sent to the other Diil, initiate a discussion at the time of Membership of the D:lil House. After a Bill has been passed by the adjournment of the House. Also with The D:liI has 166 members (known as both Houses it is sent to the Ptesident for the consent of the Ceann Comhairle, a Teachtai Dala 'Deputies to the her signature and promulgation as law. member may, if supported by at least Representative Assembly' or TDs) returned Bills which become law are termed Acts.
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