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Article 13: the President

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Article 13: the President Article XII – XIV The President The President Article 12 12.1 There shall be a President Introduction of Ireland (Uachtarán na hÉireann), hereinafter called Broadly speaking, democratic governments are of two kinds − the President, who shall take presidential and cabinet. In a presidential government the precedence over all other persons in the State and who President is both Head of State and Head of Government, that is, shall exercise and perform the chief executive of the State. In a cabinet government the powers and functions conferred President, or a constitutional monarch, is Head of State and a on the President by this Prime Minister, at the head of a group of ministers called the Constitution and by law. cabinet, is Head of Government. 12.2.1° The President shall be In the Constitution, Ireland has chosen for itself the cabinet kind elected by direct vote of the people. of government. The cabinet, led by the Taoiseach, exercises the executive power of the State, in accordance with the Constitution, 12.2.2° Every citizen who has and is accountable to the people through the people’s the right to vote at an election representatives in the Dáil. The President has no executive for members of Dáil Éireann powers apart from some discretionary ones that make the shall have the right to vote at an election for President. President the guardian of the Constitution. The President carries out the functions the Government wish him or her to perform on 12.2.3° The voting shall be by behalf of the State. The Constitution obliges the Taoiseach to secret ballot and on the system keep the President generally informed on domestic and of proportional representation international policy. by means of the single transferable vote. The President signs and promulgates legislation, accredits Irish 12.3.1° The President shall diplomatic representatives abroad and receives foreign hold office for seven years from ambassadors to Ireland, represents Ireland on State visits abroad, the date upon which he enters and acts in manifold other ways to strengthen the cultural and upon his office, unless before social ties binding the people of Ireland to one another and the the expiration of that period he dies, or resigns, or is removed people of Ireland to other peoples throughout the world. from office, or becomes permanently incapacitated, On the ten occasions for which there has been an election to the such incapacity being presidency, it has not been necessary to proceed to a ballot on established to the satisfaction five occasions because only one candidate was nominated. of the Supreme Court consisting of not less than five The President, freed from executive functions − and the judges. divisiveness which political activity would necessarily entail − 12.3.2° A person who holds, or serves as a personification of the State. From the President the who has held, office as people seek a reflection of their highest values and aspirations. In President, shall be eligible for return, the President takes precedence over all other persons in re-election to that office, but the State and is honoured in a style concordant with the only once. republican character of the State and the social genius of its 12.3.3° An election for the citizens. office of President shall be held not later than, and not earlier The Review Group noted two features of the office of President than the sixtieth day before, the which are important in defining its nature. The first is that, in date of the expiration of the being elected by direct vote of the people, in taking precedence term of office of every over other persons and, in effect, discharging the functions of a President, but in the event of Head of State, the President, in performing official duties, does the removal from office of the not and cannot represent any particular group or interest but must President or of his death, resignation, or permanent represent all the people. The second is that, in providing that the incapacity established as President shall not be answerable to either House of the aforesaid (whether occurring Oireachtas or to any court for the exercise and performance of the before or after he enters upon powers and functions of the office, the Constitution underlines his office), an election for the the non-political, non-partisan nature of the office. office of President shall be held within sixty days after such event Article XII – XIV The President 12.4.1° Every citizen who has The functions of the President reached his thirty-fifth year of age is eligible for election to The President appoints the Taoiseach on the nomination of Dáil the office of President. Éireann and the other members of the Government on the nomination of the Taoiseach with the previous approval of Dáil 12.4.2° Every candidate for election, not a former or Éireann. The President’s other functions are of two kinds − those retiring President, must be the President performs at the instance or with the approval of the nominated either by: Government and those rarer ones which the President performs at his or her own discretion. i. not less than twenty persons, each of whom is at the time a member of one of the Article 13.9 makes it clear that the powers and functions Houses of the Oireachtas, or conferred on the President by the Constitution are to be exercised and performed, in nearly all instances, on the advice of the ii. by the Councils of Government. Article 13.10 allows legislation that confers not less than four administrative Counties additional powers and functions on the President − it is under this (including County Boroughs) Article that the President has been given functions in foreign as defined by law. affairs − but Article 13.11 provides that any such additional powers and functions can be exercised and performed only on the 12.4.3° No person and no such Council shall be entitled to advice of the Government. subscribe to the nomination of more than one candidate in Apart from the appointment of the Taoiseach and the other respect of the same election. members of the Government, the President performs the following functions in relation to the appointment of 12.4.4 Former or retiring ° constitutional officers: Presidents may become candidates on their own nomination. 1 the President appoints the Attorney General on the nomination of the Taoiseach (Article 30.2) 12.4.5° Where only one candidate is nominated for the 2 the President in his or her absolute discretion may office of President it shall not appoint up to seven people to serve on the Council of be necessary to proceed to a State (Article 31.3) ballot for his election. 12.5 Subject to the provisions 3 the President appoints the Comptroller and Auditor of this Article, elections for the General on the nomination of Dáil Éireann (Article 33.2) office of President shall be regulated by law. 4 the President appoints the judges of the Supreme Court, 12.6.1° The President shall not the High Court and all other courts established pursuant be a member of either House of to Article 34 (Article 35.1). the Oireachtas. (The President makes various other appointments in accordance 12.6.2 If a member of either ° with statutory provisions.) House of the Oireachtas be elected President, he shall be deemed to have vacated his The President performs the following functions in relation to the seat in that House. Oireachtas: 12.6.3° The President shall not 1 The President on the nomination of Dáil Éireann hold any other office or appoints the Taoiseach (13.1.1°) position of emolument. 12.7 The first President shall 2 The President on the nomination of the Taoiseach with enter upon his office as soon as the previous approval of Dáil Éireann appoints the other may be after his election, and members of Government (Article 13.1.2°) every subsequent President shall enter upon his office on 3 the President on the advice of the Taoiseach accepts the the day following the resignation or terminates the appointment of any expiration of the term of office member of the Government (Article 13.1.3°) of his predecessor or as soon as may be thereafter or, in the event of his predecessor’s 4 the President summons and dissolves Dáil Éireann on removal from office, death, the advice of the Taoiseach (Article 13.2.1°) but may in resignation, or permanent his or her absolute discretion refuse a dissolution if the incapacity established as Taoiseach ceases to retain a majority in Dáil Éireann provided by section 3 hereof, (Article 13.2.2°) Article XII – XIV The President as soon as may be after the election. 5 the President may at any time, after consultation with the Council of State, convene a meeting of either or both of 12.8 The President shall enter the Houses of the Oireachtas (Article 13.2.3°) upon his office by taking and subscribing publicly, in the presence of members of both 6 the President may, after consultation with the Council of Houses of the Oireachtas, of State, communicate with the Houses of the Oireachtas Judges of the Supreme Court by message or address on any matter of national or and of the High Court, and public importance (Article 13.7.1°) and address a other public personages, the message to the nation at any time on any such matter following declaration:- (Article 13.7.2°) provided the Government approves In the presence of Almighty (Article 13.7.3°).
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