Constitution of Ireland: Difference between revisions

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{{Short description|National democratic constitution}}

<b>Bunreacht na hÉireann</b> (pronounced <i> bun-rockt na hair-inn</i>) is the constitution of [[Éire]], also known since 1949 as the [[Republic of Ireland]]. It was the work of [[Eamon de Valera]], [[President of the Executive Council of the Irish Free State|President of the Executive Council]] (prime minister) of the [[Irish Free State]]. The constitution was actually drafted in two languages, [[gaelic]] (the Irish language) and english; in gaelic by Micheál Ó Gríobhtha who worked in the Irish Department of Education, and in english by [[John Hearne]], legal advisor to the [[Irish Department of Foreign Affairs|Department of External Affairs]] (now called the Department of Foreign Affairs). <i>De Valera served as his own External Affairs Minister, hence the use of the Department's Legal Advisor, with whom he had previously worked closely, as opposed to the Attorney-General or someone from the Department of the President of the Executive Council.</i>

{{Use Hiberno-English|date=May 2022}}

{{Use dmy dates|date=November 2022}}

{{Infobox constitution

| document_name = Constitution of Ireland

| image = BunreachtHead.JPG

| image_alt =

| caption =

| orig_lang_code = ga

| title_orig = Bunreacht na hÉireann

| jurisdiction = [[Republic of Ireland|Ireland]]

| subordinate_to =

| date_created =

| date_presented =

| date_ratified = 1 July 1937

| date_effective = {{Start date and age|df=yes|1937|12|29}}

| system = [[Unitary parliamentary republic]]

|head_of_state = [[President of Ireland]]

| branches = {{ubl|[[Government of Ireland|Executive]]|[[Oireachtas|Legislature]]|[[Courts of the Republic of Ireland|Judiciary]]}}

| chambers = [[Bicameralism|Bicameral]] ([[Dáil Éireann]] and [[Seanad Éireann]])

| executive = [[Government of Ireland]]

| courts = {{ubl|[[Supreme Court of Ireland|Supreme Court]]|[[Court of Appeal (Ireland)|Court of Appeal]]|[[High Court (Ireland)|High Court]]}}

| number_amendments = [[Amendments to the Constitution of Ireland|32]]

| date_last_amended = {{Start date and age|df=yes|2019|06|11}}

| citation = ''[https://www.irishstatutebook.ie/eli/cons/en/html Constitution of Ireland]''

| location_of_document =

| commissioned =

| writer =

| signers =

| media_type =

| supersedes = [[Constitution of the Irish Free State]]

| native_wikisource =

| wikisource = Constitution of Ireland (consolidated text)

| wikisource1 =

| wikisource2 =

| wikisource3 =

| wikisource4 =

| wikisource5 =

| footnotes =

}}

{{PoliticsRofI}}

The '''Constitution of Ireland''' ({{langx|ga|Bunreacht na hÉireann}}, {{IPA|ga|ˈbˠʊnˠɾˠəxt̪ˠ n̪ˠə ˈheːɾʲən̪ˠ|pron}}) is the [[constitution|fundamental law]] of [[Republic of Ireland|Ireland]]. It asserts the national sovereignty of the [[Irish people]]. It guarantees certain fundamental rights, along with a popularly elected non-executive [[President of Ireland|president]], a [[Bicameralism|bicameral parliament]], a [[separation of powers]] and [[judicial review]].

It is the second constitution of the Irish state since independence, replacing the 1922 [[Constitution of the Irish Free State]].<ref>{{cite web |archive-date=21 July 2011|archive-url=https://web.archive.org/web/20110721123405/http://www.constitution.ie/constitution-of-ireland/default.asp?UserLang=EN |url=http://www.constitution.ie/constitution-of-ireland/default.asp?UserLang=EN |title=Constitution of Ireland Bunreacht Na hÉireann |publisher=The All-Party Oireachtas Committee on the Constitution |access-date=24 August 2008}}</ref> It [[Adoption of the Constitution of Ireland|came into force]] on 29 December 1937 following a statewide plebiscite held on 1 July 1937. The Constitution may be amended solely by a national [[referendum]].<ref>Article 46(2)</ref> It is the longest continually operating republican constitution within the [[European Union]].<ref>Marie-Luce Paris 'Popular Sovereignty and the Use of the Referendum – Comparative Perspectives with Reference to France', [[University College Dublin]], 2012</ref>

Though many presumed that the constitution was drafted in english and merely translated into gaelic, in reality it was in effect written in both languages almost simultaneously, with each co-author borrowing from each other's work. The result unfortunately is that at a number of points the texts clash. In the event of such a clash, the Irish language, though ironically the less well legally worded, given that its author was not a lawyer, takes precedence.

==Background==

The 1937 constitution was meant to assert the completion of the process of "constitutional autochthony" (the assertion of legal nationalism) that had seen de Valera amend the previous [[1922 Constitution]] to remove references to the [[Anglo-Irish Treaty]], the [[Oath of Allegiance]], Appeals to the [[Privy Council]], the [[Crown]] and [[Governor-General of the Irish Free State]] in the previous five years.

The Constitution of Ireland replaced the [[Constitution of the Irish Free State]], which had been in effect since the independence, as a [[dominion]], of the Irish state from the [[United Kingdom]] on 6 December 1922.<ref>{{cite book |last1=Forde |first1=Michael |last2=Leonard |first2=David |title=Constitutional Law of Ireland |date=1 July 2023 |publisher=Bloomsbury Professional |___location=Dublin |isbn=9781847667380 |pages=Paras. 1.05-1.08 |edition=3rd}}</ref> There were two main motivations for replacing the constitution in 1937. Firstly, the [[Statute of Westminster 1931]] granted parliamentary autonomy to the six British Dominions (now known as [[Commonwealth realms]]) within a [[Commonwealth of Nations|British Commonwealth of Nations]]. This had the effect of making the dominions sovereign nations in their own right. The Irish Free State constitution of 1922 was, in the eyes of many, associated with the controversial [[Anglo-Irish Treaty]]. The anti-treaty faction, who opposed the treaty initially by force of arms, was so opposed to the institutions of the new Irish Free State that it initially took an [[abstentionism|abstentionist]] line toward them, boycotting them altogether. However, the largest element of this faction became convinced that abstentionism could not be maintained forever. This element, led by [[Éamon de Valera]], formed the [[Fianna Fáil]] party in 1926, which entered into government following the [[1932 Irish general election|1932 general election]].<ref>{{cite web|url=http://www.nyc.gov/html/records/html/features/devalera.shtml|archive-url=https://web.archive.org/web/20040208005923/http://www.nyc.gov/html/records/html/features/devalera.shtml|url-status=dead|title=Notable New Yorkers&nbsp;– Éamon de Valera|archive-date=8 February 2004}}</ref><ref>''[[The Times]]'', Irish Republican Split. Search For Basis of Cooperation 13 March 1926</ref>

After 1932, under the provisions of the Statute of Westminster, some of the articles of the original Constitution which were required by the Anglo-Irish Treaty were dismantled by acts of the [[Oireachtas of the Irish Free State]]. Such amendments removed references to the [[Oath of Allegiance (Ireland)|Oath of Allegiance]], appeals to the United Kingdom's [[Judicial Committee of the Privy Council]], the [[British Crown]] and the [[Governor-General of the Irish Free State|Governor-General]].<ref>{{cite book |last1=Forde |first1=Michael |last2=Leonard |first2=David |title=Constitutional Law of Ireland |date=1 July 2023 |publisher=Bloomsbury Professional |___location=Dublin |isbn=9781847667380 |pages=Paras. 1.05-1.07 |edition=3rd}}</ref> The sudden abdication of [[Edward VIII]] in December 1936 was quickly used to redefine the Royal connection.<ref>{{cite web |url=http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail1936121200004 |work=[[Dáil Éireann]] debates Volume 64 |date=12 December 1936 |title=Executive Authority (External Relations) Bill, 1936 – Committee Stage |publisher=[[Oireachtas]] |access-date=6 December 2017 |archive-date=7 December 2017 |archive-url=https://web.archive.org/web/20171207084912/http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail1936121200004 |url-status=live }}</ref> Nevertheless, the Fianna Fáil government still desired to replace the constitutional document they saw as having been imposed by the British government in 1922.

Bunreacht na hÉireann was passed by [[Dáil Éireann]] and then approved narrowly in a plebiscite of voters in 1937. Among those groups who voted against it were the opposition [[Fine Gael]] and [[Irish Labour Party|Labour]] supporters, unionists, [[Commonwealth]] supporters and women. Its main support came from [[Fianna Fáil]] supporters and republicans.

The second motive for replacing the original constitution was primarily symbolic. De Valera wanted to put an Irish stamp on the institutions of government, and chose to do this in particular through the use of [[Irish (language)|Irish language]] nomenclature.<ref name="irishtimes.com">{{cite news |last1=Ferriter |first1=Diarmuid |title=Irish Constitution stands the test of time |url=https://www.irishtimes.com/opinion/diarmaid-ferriter-irish-constitution-stands-the-test-of-time-1.3146769 |access-date=28 December 2023 |newspaper=The Irish Times |date=8 July 2017 |language=en}}</ref>

Its main innovations were:

===Drafting process===

*The renaming of the twenty-six county Irish state as [[Éire]] in Article 4 (<i>It is gives the term 'Ireland' as 'Éire's translation, but because that can be confused with the island of Ireland which also includes [[Northern Ireland]], and because the Irish language gets priority in the constitution, [[Éire]] is the strictly more correct term to use, and is the term that appears on Irish coinage. Since 1949, the term 'Republic of Ireland' is the most widely used name of all</i>);

De Valera personally supervised the writing of the Constitution.<ref>{{cite book |last1=Forde |first1=Michael |last2=Leonard |first2=David |title=Constitutional Law of Ireland |date=1 July 2023 |publisher=Bloomsbury Professional |___location=Dublin |isbn=9781847667380 |pages=Paras. 1.08-1.09 |edition=3rd}}</ref> It was drafted initially by [[John Hearne (lawyer)|John Hearne]], legal adviser to the [[Department of Foreign Affairs and Trade(Ireland)|Department of External Affairs]] (now called the Department of Foreign Affairs and Trade).<ref>{{cite news |last1=Kane |first1=Conor |title=Tributes paid to 'real architect' of 1937 Constitution |url=https://www.irishtimes.com/news/politics/tributes-paid-to-real-architect-of-1937-constitution-1.3139687 |access-date=28 December 2023 |newspaper=The Irish Times |date=30 June 2017}}</ref> It was translated into [[Irish language|Irish]] over a number of drafts by a group headed by Micheál Ó Gríobhtha (assisted by Risteárd Ó Foghludha), who worked in the Irish Department of Education. De Valera served as his own External Affairs Minister, hence the use of the Department's Legal Advisor, with whom he had previously worked closely, as opposed to the Attorney General or someone from the Department of the President of the Executive Council.<ref>{{cite news |last1=Cahillane |first1=Laura |title=The Irish Constitution has served us well for the most part |url=https://www.thejournal.ie/readme/the-constitution-has-served-us-well-for-the-most-part-3702649-Nov2017/ |access-date=28 December 2023 |work=TheJournal.ie |date=18 November 2017 |language=en}}</ref><ref>{{cite web |last1=Maxwell |first1=Nick |title=Bunreacht na hÉireann: a study of the Irish text, Micheál Ó Cearúil. (Coiste Uile-Pháirtí an Oireachtais ar an mBunreacht/The All-Party Oireachtas Committee on the Constitution, £15). ISBN 0707664004 |url=https://www.historyireland.com/bunreacht-na-heireann-a-study-of-the-irish-text-micheal-o-cearuil-coiste-uile-phairti-an-oireachtais-ar-an-mbunreachtthe-all-party-oireachtas-committee-on-the-constitution-15-isbn-0707664004/ |website=History Ireland |access-date=28 December 2023 |date=8 February 2013}}</ref> He also received significant input from [[John Charles McQuaid]], the then President of [[Blackrock College]], on religious, educational, family and social welfare issues.<ref name="irishtimes.com"/> McQuaid later became, in 1940, the Catholic [[Archbishop of Dublin (Roman Catholic)|Archbishop of Dublin]]. Other religious leaders who were consulted were Archbishop [[Edward Joseph Byrne|Edward Byrne]] (Roman Catholic), Archbishop [[John Gregg (Archbishop of Armagh)|John Gregg]] (Church of Ireland), William Massey (Methodist) and [[James Alexander Hamilton Irwin|James Irwin]] (Presbyterian).<ref>{{cite book |last1=Hogan |first1=Gerard |title=Origins of the Irish Constitution 1928-41 |date=2012 |publisher=Royal Irish Academy |___location=Dublin |isbn=9781904890751 |page=215}}</ref>

*The creation of the office of [[President of Ireland]] to replace the [[Governor-General of the Irish Free State]] and the [[Crown]];

*The assertion in the controversial [[Articles 2 and 3]] that the Irish National Territory consisted of the entire island of Ireland, its islands and territorial seas, while acknowledging that in reality, it only exercised control over the twenty-six county state formerly known as the [[Irish Free State]];

*The use of gaelic, not just in the entire text, but in the names of institutions and state offices (eg, president translated as <i>Uachtaráin</i> (pronounced 'ook-tar-on'), prime minister named <i>taoiseach</i> (pronounced 'tee-shoch' - 'ch' pronounced as in 'loch'), a deputy prime minister called <i>[[Tánaiste]]</i> (pronounced 'taw-nish-ta')) etc.

*The use of contemporary [[Roman Catholic]] social theory on marriage, the family and society. Hence the banning of divorce and the 'recognition' of women's 'role in the home'.

*Popular ownership of the constitution, with the requirement that it only could be changed by referendum of the people;

*The ability to continue to use the [[Crown]] through statute law, if parliament so desired, for whatever functions parliament specified.

There are a number of instances where the texts in English and Irish clash, a potential dilemma which the Constitution resolves by favouring the Irish text even though English is more commonly used in the official sphere.<ref>{{cite book |last1=Forde |first1=Michael |last2=Leonard |first2=David |title=Constitutional Law of Ireland |date=1 July 2023 |publisher=Bloomsbury Professional |___location=Dublin |isbn=9781847667380 |pages=Para. 2.31 |edition=3rd}}</ref>

Some myths, however have surrounded the text.

A draft of the constitution was presented personally to the Vatican for review and comment on two occasions by the Department Head at External Relations, Joseph P. Walsh. Prior to its tabling in [[Dáil Éireann (Irish Free State)|Dáil Éireann]] and presentation to the Irish electorate in a plebiscite, Vatican Secretary of State [[Eugenio Cardinal Pacelli]], the future Pope Pius XII, said of the final amended draft: "We do not approve, neither do we disapprove; We shall maintain silence."<ref>Emmett Larkin, of the University of Chicago in Church, State, and Nation in Modern Ireland, 1975; The Historical Dimensions of Irish Catholicism, 1976; Irish Times 25 November 2006 by Stephen Collins based on Republic of Ireland state papers released under 30-year rule.</ref> The ''quid pro quo'' for this indulgence of the Catholic Church's interests in Ireland was the degree of respectability which it conferred on De Valera's formerly denounced republican faction and its reputation as the 'semi-constitutional' political wing of the 'irregular' anti-treaty forces.<ref>{{cite web |url=http://www.oireachtas-debates.gov.ie/D/0022/D.0022.192803210025.html |title=Dáil Éireann - Volume 22 - 21 March, 1928 - PRIVATE DEPUTIES' BUSINESS. - REVIEW OF PRISONERS' CASES—PROPOSED SELECT COMMITTEE |access-date=13 August 2008 |url-status=dead |archive-url=https://web.archive.org/web/20090404160152/http://www.oireachtas-debates.gov.ie/D/0022/D.0022.192803210025.html |archive-date=4 April 2009 }}</ref>

*<b>That it was a uniquely catholic constitution that discriminated against non-catholics. </b>NOT SO.

**It reflected the concept of incorporating Catholic Social Teaching in law that was prevalent in the 1930s. Such ideas occured in many constitutions of catholic states of the era, and Ireland in the 1930s was 95+% Roman Catholic. Divorce, for example, was banned in many states. Italy only repealed <i>its</i>ban in the 1970s. Ireland removed its ban in [[1996]] by constitutional amendment. Modern pluralist concepts of religious neutrality only dates from the second half of the twentieth century. At the time de Valera produced the Bunreacht, many constitutions reflected the religious ethos and beliefs of the majority religious faith in their state.

**In the teeth of far right lobbying by Roman Catholic groups like [[Maria Duce]] de Valera <i>refused</i> to make Catholicism the state religion. Instead he recognised what he called its '<i>special position</i>' (a largely meaningless phrase) and even then, not as the 'true church', as Roman Catholicism viewed itself, but merely as the religion with the most adherents, a concept that ran contrary to Catholicism's view of itself, its rights and its superiority in the era before the [[Second Vatican Council]].

**To the fury of right wing Catholics, de Valera recognised the existence and <i>right</i> to exist of the <i>anglican</i> [[Church of Ireland]] and various other christian faiths. <i>(The first [[President of Ireland]], [[Douglas Hyde]] was a member of the minority [[Church of Ireland]], a religion that had been the [[established church]] under British rule in Ireland until 1871.</i>)

**In a remarkable clause for the 1930s, when anti-semitism was rife throughout Europe, de Valera's constitution <i>explicitly</i> recognised the existence and right to exist of the Jewish Community in Ireland.

**The Article which recognises marriage may, however, require amendment to enable Ireland to follow many its European partners to recognise same sex marriages. Ireland already has some of the most progressive [[gay rights]] legislation, all passed since 1993, when homosexuality was decriminalised. It is unclear whether gay 'partnerships' as an alternative to marriage, could be introduced without a constitutional amendment.

During the Great Depression, as social polarisation generated campaigns and strikes, Catholic social jurists aimed to forestall class conflict. Taoiseach Éamon de Valera and clericalist advisors such as John Charles McQuaid considered constitutional provisions to incorporate land redistribution, credit system regulation, and welfare rights. Late in the drafting process, however, de Valera re-wrote these initially robust socio-economic rights as non-binding 'directive principles', primarily to satisfy the Department of Finance's preferences for minimal state spending. In line with Ireland's banks and grazier farming interests, the final wording thus preserved the state's existing currency and cattle trading relations with the United Kingdom.<ref>{{Cite journal|last=Murray|first=Thomas|date=2016|title=Socio-Economic Rights and the Making of the 1937 Irish Constitution|url=https://www.tandfonline.com/doi/full/10.1080/07907184.2015.1095738|journal=Irish Political Studies|language=en|volume=31|issue=4|pages=502–524|doi=10.1080/07907184.2015.1095738|s2cid=146146322|issn=0790-7184|access-date=4 January 2021|archive-date=8 January 2021|archive-url=https://web.archive.org/web/20210108053403/https://www.tandfonline.com/doi/full/10.1080/07907184.2015.1095738|url-status=live|url-access=subscription}}</ref>

===Adoption===

*<b>That the constitution <i>claimed</i> Northern Ireland.</b>

{{main|Adoption of the Constitution of Ireland}}

**The controversial [[Articles 2 and 3]] asserted that there was an all-island [[Irish nation]] or national territory. Such an idea had been widely accepted, even by the Dublin-born Irish unionist leader, [[Edward Carson]]. Partition in 1937 was only fifteen years old; the concept of an all-island Ireland dated back centuries, having been introduced in law in 1541, when the [[Kingdom of Ireland]] was created, indeed back as far as 1171, when the [[Kingdom of Ireland|Lordship of Ireland]] was conceived. While year later, Articles 2 and 3 may have looked as if they challenged the existence and right to exist of [[Northern Ireland]], they reflected the widely held view in 1937. But in asserting in Article 3 that [[Éire]] would only govern the twenty-six county state previously called the [[Irish Free State]] and which had its boundaries largely set in the [[Better Government of Ireland Act, 1920]], de Valera was <i>de facto</i> acknowledging partition and the existence of Northern Ireland.

The text of the draft constitution, with minor amendments, was approved on 14 June 1937 by Dáil Éireann (then the sole house of parliament, the Seanad having been abolished the previous year).<ref name="Constitutional Law of Ireland">{{cite book |last1=Forde |first1=Michael |last2=Leonard |first2=David |title=Constitutional Law of Ireland |date=1 July 2023 |publisher=Bloomsbury Professional |___location=Dublin |isbn=9781847667380 |pages=Paras. 1.08 |edition=3rd}}</ref>

[[File:Stamp-Ireland 3d 1937 Constitution.jpg|thumb|3d denomination of the Irish Constitution [[postage stamp]] issue]]

*<b>That the constitution created an Irish Republic</b>.

The draft constitution was then put to a [[plebiscite]] on 1 July 1937 (the same day as the [[1937 Irish general election|1937 general election]]), when it was passed by a [[Plurality (voting)|plurality]]. 56% of voters were in favour, comprising 38.6% of the whole electorate.<ref>{{cite web|url=http://electionsireland.org/results/general/09dail.cfm|title=9th Dáil 1937 General Election|work=ElectionsIreland.org|access-date=16 April 2009|archive-date=3 June 2009|archive-url=https://web.archive.org/web/20090603195000/http://electionsireland.org/results/general/09dail.cfm|url-status=live}}</ref><ref>{{cite web|url=http://www.ark.ac.uk/elections/gdala.htm|title=Dáil elections since 1918|work=ARK Northern Ireland|access-date=16 April 2009|archive-date=27 November 2020|archive-url=https://web.archive.org/web/20201127122828/https://www.ark.ac.uk/elections/gdala.htm|url-status=live}}</ref><ref name=NS>{{cite book|first1=D. |last1=Nohlen |author-link1=Dieter Nohlen |first2=P |last2=Stöver |date=2010 |title=Elections in Europe: A data handbook |pages=1009–1017 |publisher=Nomos |isbn=978-3-8329-5609-7}}</ref> The constitution came into force on 29 December 1937 and, to mark the occasion, the [[Minister for Posts and Telegraphs]] issued two [[commemorative stamp]]s on that date.<ref name="Constitutional Law of Ireland"/>

**The word 'Republic' never features in [[Bunreacht na hÉireann]]. <i>The term [[Republic of Ireland]] was in fact created by the Republic of Ireland Act, 1948. Strictly speaking the 'Republic of Ireland' is a description, not a name, though it is used as such. </i>

**While [[Éire]] regarded the [[President of Ireland]] as Irish [[head of state]], no such term is used in [[Bunreacht na hÉireann]]. In fact, [[George VI of the United Kingdom|King George VI]] was implicitly acknowledged as [[King of Ireland]] under the [[External Relations Act]], 1936 and named as such when proclaimed king throughout the Commonwealth. Because of that Act, and a section of the Bunreacht that allowed the use of an 'external organ' to represent the state internationally, the diplomatic world was united in accepting the King as Ireland's head of state. This was only clarified by the repeal of the [[External Relations Act]] and the passage of the [[Republic of Ireland Act]] 1948, which came into force in 1949, at which time the [[President of Ireland]] was unambiguously the Irish head of state.

Among the groups who opposed the constitution were supporters of [[Fine Gael]] and the [[Labour Party (Ireland)|Labour Party]], [[Unionism in Ireland|Unionist]]s, and some independents and feminists. The question put to voters was ''"Do you approve of the Draft Constitution which is the subject of this plebiscite?"''.

*<b>That the Irish constitution is sexist and anti-woman</b>.

{{Referendum

**De Valera's constitution, and in particular its 'recognition' of women's place in the home, though out of tune with modern concepts of sexual equality and the rights of women, did reflect the prevailing attitude of the 1930s. He himself argued that in recognising what was the role played by 1930s women in real life he was granting women a recognition that had not existed before in Irish law. However even in the 1930s, the constitution'd references to women were condemned by women's organisations, many of whom urged women to vote against the constitution as a result. However as the clause which 'recognises' women in the home is not one that has any legally enforceable status, it has generally been ignored. It will in time no doubt either be repealed or amended to more accurately reflect modern concepts of sexual equality.

|title = Plebiscite on the Constitution of Ireland<ref>{{cite web|url=https://www.referendum.ie/archive/referendum-on-the-thirty-third-amendment-of-the-constitution-court-of-appeal-bill-2013-12-2/|title= Plebiscite (Draft Constitution) Bill, 1937|website=Referendum Returning Officer}}</ref>

|yes = 685,105

|yespct = 56.52

|no = 526,945

|nopct = 43.48

|valid = 1,212,050

|validpct = 90.03

|invalid = 134,157

|invalidpct = 9.97

|total = 1,346,207

|turnoutpct = 75.84

|electorate = 1,775,055

}}

===Response===

[[Bunreacht na hÉireann]] has undergone a significant number of amendments since its passage in 1937, all enacted by [[referendum]].

When the draft new constitution was published, the ''[[Irish Independent]]'' described it as one of de Valera's "finest tributes to his predecessors".<ref name="Dermot Keogh pg. 237">The Vatican, the Bishops and Irish Politics 1919–39 by Dermot Keogh, pg. 237</ref> ''[[The Irish Times]]'' criticised the constitution's assertion of a territorial claim on Northern Ireland, and the absence in its text of any reference to the British Commonwealth.<ref name="Dermot Keogh pg. 237"/> The London-based ''[[The Daily Telegraph|Daily Telegraph]]'' included in its criticism the special position assigned to the Church of Rome under the new constitution.<ref name="Dermot Keogh pg. 237"/> ''[[The Sunday Times]]'' concluded it would only help to "perpetuate division" between Dublin and Belfast. ''[[The Irish Catholic]]'' concluded it was a "noble document in harmony with papal teachings".<ref name="Dermot Keogh pg. 237"/>

When the new constitution was enacted, the British government, according to ''[[The New York Times]]'', "contented itself with a legalistic protest".<ref>[Ulster's Inclusion Barred by Britain; London Protests Claim That Belfast Eventually Must Be Ruled by Dublin; Little Change Is Seen; Premier of Northern Ireland Attacks Constitution as an 'Affront to His Majesty' – New York Times, 30 December 1937]</ref> Its protest took the form of a communiqué on 30 December 1937, in which the British stated:<ref name="circular">{{cite web |url=http://www.lac-bac.gc.ca/webarchives/20061111070400/http://www.international.gc.ca/department/history/dcer/details-en.asp?intRefid=9449 |title=Circular dated 1 April 1949 from the Canadian Secretary of State for External Affairs to Heads of Post Abroad (Circular Document No.B38, 836. DEA/7545‑B‑40) |publisher=Lac-bac.gc.ca |access-date=2018-04-09 |archive-date=10 January 2016 |archive-url=https://web.archive.org/web/20160110093406/http://www.lac-bac.gc.ca/webarchives/20061111070400/http://www.international.gc.ca/department/history/dcer/details-en.asp?intRefid=9449 |url-status=live }}</ref><ref>[http://century.guardian.co.uk/1930-1939/Story/0,,127133,00.html The Manchester Guardian, 30 December 1937 ''Britain accepts new name for the Free State''] {{Webarchive|url=https://web.archive.org/web/20110723234019/http://century.guardian.co.uk/1930-1939/Story/0,,127133,00.html |date=23 July 2011 }}. Full text of British Government's communiqué cited in Clifford, Angela, ''The Constitutional History of Eire/Ireland'', Athol Books, Belfast, 1985, p. 153.</ref><ref>In May 1938 the British government enacted the [[Eire (Confirmation of Agreements) Act 1938]].</ref>

*All articles recognising religion were deleted. ([[1972]])

*Ireland was allowed to join the European Economic Community. ([[1972]])

*The voting age was lowered from 21 to 18.

*A subsection recognising the 'right to life of the unborn, with due regard to the equal right to life of the mother' was added. ([[1983]])

*Divorce was legalised. (1996)

*The replacement of [[Articles 2 and 3]] by new articles which acknowledged explicitly the right of [[Northern Ireland]] to exist and the nationalist desire for Irish unity, as well as allowing [[Éire]] to ratify and implement the [[Good Friday Agreement]]. ([[1999]])

*Ireland was allowed to sign and implement the [[Nice Treaty]]. ([[2002]])

{{blockquote|His Majesty's Government in the United Kingdom has considered the position created by the new Constitution ... of the Irish Free State, in future to be described under the Constitution as 'Eire' or 'Ireland' ... [and] cannot recognise that the adoption of the name 'Eire' or 'Ireland', or any other provision of those articles [of the Irish constitution], involves any right to territory ... forming part of the United Kingdom of Great Britain and Northern Ireland ... They therefore regard the use of the name 'Eire' or 'Ireland' in this connection as relating only to that area which has hitherto been known as the Irish Free State.}}

The rights in the Articles of the constitution can be superceded by the declaration of a 'National Emergency'. Two such emegencies existed - an emergency declared in 1940 to cover the threat to national security posed by [[World War Two]] and an emergency declared in 1976 to deal with the threat to the security of the state posed by the [[IRA|Provisional IRA]]

The other governments of the British Commonwealth countries chose to continue to regard Ireland as a member of the British Commonwealth.<ref name="ReferenceA">I.S.C. (32) 129; Cabinet. Irish Situation Committee. Relations With the Irish Free State. General Constitutional Position. Memorandum by the Secretary of State for Dominion Affairs The devolved Northern Ireland; December 1937</ref> A proposal by the Northern Ireland government that Northern Ireland be renamed "Ulster" in response to the new Irish constitution was aborted after it was determined that this would require Westminster legislation.<ref name="ReferenceA"/>

Furthermore, under judicial review, the concepts and meanings of Articles have been explored and expanded by the Irish [[Irish Supreme Court|Supreme Court]], most notably under the period of Chief Justice [[Cearbhall Ó Dálaigh]], a future [[President of Ireland]]. Among the rights ruled to exist implicitly in the constitution's Articles on were:

*The right to bodily integrity (ie, the right to [[contraception]]);

*An interpretation of [[Articles 2 and 3]];

*The right to [[abortion]] in limited circumstances;

The Irish government received a message of goodwill from 268 United States congressmen, including eight senators. The signatories expressed "their ardent congratulations on the birth of the State of Ireland and the consequent coming into effect of the new constitution", adding that "We regard the adoption of the new constitution and the emergence of the State of Ireland as events of the utmost importance."<ref>{{cite news |url=http://nla.gov.au/nla.news-article2450025?searchTerm=%22Irish+Free+State%22+AND+%28Constitution%29 |title=Irish Free State: American messages of goodwill: Congratulations on New Constitution |newspaper=The Canberra Times |date=1938-01-13 |access-date=2018-04-09 |archive-date=22 September 2021 |archive-url=https://web.archive.org/web/20210922130943/https://trove.nla.gov.au/newspaper/article/2450025?searchTerm=%22Irish+Free+State%22+AND+%28Constitution%29 |url-status=live }}</ref>

The Constitution is currently being reviewed by the [[All-Party Oireachtas Committee on the Constitution]]. Until recently the committee was chaired by [[Brian Lenihan]], TD of [[Fianna Fáil]].

Feminists such as [[Hannah Sheehy Skeffington]] claimed that certain articles threatened their rights as citizens and as workers. Article 41.2, for example, equated womanhood with motherhood and further specified a woman's 'life within the home'. The Women Graduates' Association, the Joint Committee of Women's Societies and Social Workers, together with the Irish Women Workers' Union mobilised a two-month campaign seeking the provisions' amendment or deletion.<ref>{{Cite journal|last=Murray|first=Thomas|date=2016|title=Socio-Economic Rights and the Making of the 1937 Irish Constitution|url=https://www.tandfonline.com/doi/full/10.1080/07907184.2015.1095738|journal=Irish Political Studies|language=en|volume=31|issue=4|pages=502–524, p. 518|doi=10.1080/07907184.2015.1095738|s2cid=146146322|issn=0790-7184|access-date=4 January 2021|archive-date=8 January 2021|archive-url=https://web.archive.org/web/20210108053403/https://www.tandfonline.com/doi/full/10.1080/07907184.2015.1095738|url-status=live|url-access=subscription}}</ref>

Though controversial, de Valera's [[Bunreacht na hÉireann]] is widely regarded as one of the world's best constitutions. Its clear legal language, order and structure, make it a model of how constitutions should be structured. It has been studied worldwide, by everywhere from Nehru's [[India]] to Mandela's [[South Africa]]. Its office of [[President of Ireland]] was one of six studied closely by Australia's [[Republic Advisory Committee]] as Australia considered becoming a republic.

The Republican Congress also critiqued the constitution's "stone-age conception of womanhood". Writing in the Irish Democrat, Peadar O'Donnell and Frank Ryan condemned the 1937 Constitution for upholding private property as a sacred, 'natural right' and declaring that capitalism was 'something ordained by Providence forever, amen!' The Congress further opposed the Roman Catholic Church's position as a 'State or semi-State church' in violation of republican principles and an offence to Protestants throughout the island. The 'Roman Catholic Bishops of the South', O'Donnell claimed, now functioned as 'the watchdogs of the private property classes'.<ref>{{Cite journal|last=Murray|first=Thomas|date=2016|title=Socio-Economic Rights and the Making of the 1937 Irish Constitution|url=https://www.tandfonline.com/doi/full/10.1080/07907184.2015.1095738|journal=Irish Political Studies|language=en|volume=31|issue=4|pages=502–524, p. 518|doi=10.1080/07907184.2015.1095738|s2cid=146146322|issn=0790-7184|access-date=4 January 2021|archive-date=8 January 2021|archive-url=https://web.archive.org/web/20210108053403/https://www.tandfonline.com/doi/full/10.1080/07907184.2015.1095738|url-status=live|url-access=subscription}}</ref>

<i>Copies of Bunreacht an hÉireann are available from the Irish [[Government Publications Office]] in Dublin. Details on the debate about its passage can be found on the Oireachtas website.

External Link:[http:///www.irlgov.ie/oireachtas/ Oireachtas Website]

==Main provisions==

Other sources:

*John M. Kelly, <i>The Irish Constitution</i>

*Micheál Ó Cearúil <i>Bunreacht na hÉireann: A Study of the Irish Text</i> (published by the <i>All Party Oireachtas Committee on the Constitution</i>, The Stationary Office, 1999).

The official text of the Constitution consists of a Preamble, numbered Articles arranged under headings, and a final [[Dedication (publishing)|dedication]] ({{langx|ga|Dochum glóire Dé agus onóra na hÉireann}} "For the glory of God and the Honour of Ireland", from the [[Annals of the Four Masters]]<ref name="cearuil1999">{{cite book |first1=Micheál |last1=Ó Cearúil |first2=Máirtín |last2=Ó Murchú |title=Bunreacht na hÉireann: a study of the Irish text |year=1999 |publisher=Stationery Office |___location=Dublin |isbn=0707664004 |pages=688–689 |url=https://www.constitution.ie/Documents/Bunreacht%20na%20hEireann%20-%20Study%20of%20the%20Irish%20Text.pdf |accessdate=13 November 2013 |archive-url=https://web.archive.org/web/20160304055829/https://www.constitution.ie/Documents/Bunreacht%20na%20hEireann%20-%20Study%20of%20the%20Irish%20Text.pdf |archive-date=4 March 2016 |url-status=dead }}

See also Wikipedia entries on [[President of Ireland]], [[Taoiseach]], [[Dáil Éireann]], [[Seanad Éireann]], [[Áras an Uachtaráin]], [[Eamon de Valera]], [[Fianna Fáil]], [[Fine Gael]], [[Irish Labour Party|Labour Party]] and the [[Irish Free State]].

</ref>). Its overall length is approximately 16,000 words.

{|class="wikitable"

|+Articles of the Constitution of Ireland

|-

! Heading !! {{tooltip|Arts|Article numbers}} !! Notes

|-

| The Nation || 1–3

|-

| The State || 4–11 ||

|-

| The [[President of Ireland|President]] || 12–14 ||

|-

| The [[Oireachtas|National Parliament]] || 15–27 ||

|-

| The [[Government of Ireland|Government]] || 28 ||

|-

| [[Local government in the Republic of Ireland|Local Government]] || 28A || Inserted [[Twentieth Amendment of the Constitution of Ireland|in 1999]]

|-

| [[Foreign relations of the Republic of Ireland|International Relations]] || 29 ||

|-

| The [[Attorney General of Ireland|Attorney General]] || 30 ||

|-

| The [[Council of State (Ireland)|Council of State]] || 31–32 ||

|-

| The [[Comptroller and Auditor General (Ireland)|Comptroller and Auditor General]] || 33 ||

|-

| The [[Courts of the Republic of Ireland|Courts]] || 34–37 ||

|-

| [[Irish criminal law|Trial of Offences]] || 38–39 ||

|-

| [[Human rights in Ireland|Fundamental Rights]] || 40–44 || Article 42A was inserted [[Thirty-first Amendment of the Constitution of Ireland|in 2012]]

|-

| [[#Directive Principles of Social Policy|Directive Principles of Social Policy]] || 45 || Not [[justiciable]]

|-

| [[Amendments to the Constitution of Ireland|Amendment of the Constitution]] || 46 ||

|-

| The [[Referendums in the Republic of Ireland|Referendum]] || 47 ||

|-

| Repeal of [[Constitution of the Irish Free State|Constitution of Saorstát Éireann]] and [[Reception statute#Republic of Ireland|Continuance of Laws]] || 48–50 ||

|-

| [[#Transitory provisions|Transitory Provisions]] || 51–64 || Omitted from officially published texts. Article 64 was added [[Thirty-third Amendment of the Constitution of Ireland|in 2013]]

|}

===Preamble (full text)===

:''In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred'',

:''We, the people of Éire'',

:''Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial'',

:''Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation'',

:''And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations'',

:''Do hereby adopt, enact, and give to ourselves this Constitution''.

===Characteristics of the nation and state===

*'''National sovereignty''': The constitution asserts the "inalienable, indefeasible, and sovereign right" of the Irish people to [[self-determination]] (Article 1). The state is declared to be "sovereign, independent, [and] democratic" (Article 5).

*'''Popular sovereignty''': It is stated that all powers of government "derive, under God, from the people" (Article 6.1). However, it is also stated that those powers "are exercisable only by or on the authority of the organs of State" established by the Constitution (Article 6.2).

*'''[[Names of the Irish state|Name of the state]]''': The Constitution declares that "[the] name of the State is ''[[Éire]]'', or, in the English language, ''Ireland''" (Article 4). Under [[The Republic of Ireland Act 1948]] the term "Republic of Ireland" is the official "description" of the state; the Oireachtas, however, has left unaltered "Ireland" as the formal name of the state as defined by the Constitution.

*'''[[United Ireland]]''': [[Articles 2 and 3 of the Constitution of Ireland|Article 2]], as substituted after the [[Good Friday Agreement]], asserts that "every person born in the island of Ireland" has the right "to be part of the Irish Nation"; however, Article 9.2 now limits this to persons having at least one parent as an Irish citizen. Article 3 declares that it is the "firm will of the Irish Nation" to bring about a united Ireland, provided that this occurs "only by peaceful means", and only with the express consent of the majority of the people in both jurisdictions of Ireland.

*'''National flag''': The [[Flag of Ireland|national flag]] is defined as "the tricolour of green, white and orange" (Article 7).

*'''Capital city''': The Houses of the [[Oireachtas]] (parliament) must usually meet in or near Dublin (Article 15.1.3°) ("or in such other place as they may from time to time determine"), and the President's official residence must be in or near the city (Article 12.11.1°).

===Languages===

{{main|Status of the Irish language#Constitution}}

Article 8 of the Constitution states:

{{blockquote|

# The Irish language as the national language is the first official language.

# The English language is recognised as a second official language.

# Provision may, however, be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the State or in any part thereof.}}

Interpretation of these provisions has been contentious. The Constitution itself is enrolled in both languages, and in case of conflict the Irish language version takes precedence, even though in practice the Irish text is a translation of the English rather than ''vice versa''. The 1937 Constitution introduced some Irish-language terms into English, such as ''Taoiseach'' and ''Tánaiste'', while others, such as ''Oireachtas'', had been used in the Free State Constitution. The use in English of ''[[Éire]]'', the Irish-language name of the state, [[Names of the Irish state|is deprecated]].{{citation needed|date=July 2021}}

===Organs of government===

{{Main|Politics of the Republic of Ireland}}

The Constitution establishes a government under a [[parliamentary system]]. It provides for a directly elected, largely ceremonial [[President of Ireland]] (Article 12), a head of government called the [[Taoiseach]] (Article 28), and a national parliament called the [[Oireachtas]] (Article 15). The Oireachtas has a dominant directly elected lower house known as [[Dáil Éireann]] (Article 16) and an upper house [[Seanad Éireann]] (Article 18), which is partly appointed, partly indirectly elected and partly elected by a limited electorate. There is also an independent [[judiciary]] headed by the [[Supreme Court of Ireland|Supreme Court]] (Article 34).

===National emergency===

Under Article 28.3.3° the Constitution grants the state sweeping powers "in time of war or armed rebellion", which may (if so resolved by both Houses of the Oireachtas) include an armed conflict in which the state is not a direct participant. During a national emergency the Oireachtas may pass laws that would otherwise be unconstitutional, and the actions of the [[Government of Ireland|executive]] cannot be found to be ''[[ultra vires]]'' or unconstitutional provided they at least "purport" to be in pursuance of such a law. However, the constitutional prohibition on the death penalty (Article 15.5.2°), introduced by an amendment made in 2001, is an absolute exception to these powers.

There have been two national emergencies since 1937: an [[The Emergency (Ireland)|emergency declared in 1939]] to cover the threat to national security posed as a consequence of World War II (although the state remained formally neutral throughout that conflict), and an emergency declared in 1976 to deal with the threat to the security of the state posed by the [[Provisional Irish Republican Army|Provisional IRA]].

===International relations===

*'''European Union''': Under Article 29.4.6° [[European Union law|EU law]] takes precedence over the Constitution if there is a conflict between the two, but only to the extent that such EU law is "necessitated" by Ireland's membership. The Supreme Court has ruled that any EU Treaty that substantially alters the character of the Union must be approved by a constitutional amendment. For this reason separate provisions of Article 29 have permitted the state to ratify the [[Single European Act]], [[Maastricht Treaty]], [[Amsterdam Treaty]], [[Nice Treaty]] and [[Treaty of Lisbon]].

*'''International law''': Under Article 29.6 international treaties to which the state is a party are not to be considered part of Ireland's domestic law unless the Oireachtas has so provided. Under Article 29.3 it is declared that the state "accepts the generally recognised principles of international law as its rule of conduct in its relations with other States", but the High Court has ruled that this provision is merely aspirational, and not enforceable.

===Individual rights===

====As enumerated under the heading "Fundamental Rights"====

*'''Equality before the law''': Equality of all citizens before the law is guaranteed by Article 40.1.

*'''Prohibition on titles of nobility''': The state may not confer titles of nobility, and no citizen may accept such a title without the permission of the Government (Article 40.2). In practice, governmental approval is usually a formality.

*'''Personal rights''': The state is bound to protect "the personal rights of the citizen", and in particular to defend "the life, person, good name, and property rights of every citizen" (Article 40.3).

*'''Unenumerated rights''': The language used in Article 40.3.1° has been interpreted by the courts as implying the existence of unenumerated rights afforded to Irish citizens under natural law. Such rights upheld by the courts have included the right to marital privacy and the right of the unmarried mother to custody of her child.

*'''Abortion''' '''law''': Pregnancy termination may be regulated by law (Article 40.3.3°). (Abortion had been prohibited by the previous Article 40.3.3°, which the Irish public repealed and replaced [[Thirty-sixth Amendment of the Constitution of Ireland|in a 2018 referendum]].)

*'''''Habeas corpus''''': The citizen's right to personal liberty is guaranteed by Article 40.4, which section also sets out in detail the procedure for obtaining ''[[habeas corpus]]''. However, these rights are specifically excepted from applying to the actions of the [[Irish Defence Forces|Defence Forces]] during a "state of war or armed rebellion" (Article 40.4.5°). Since the [[Sixteenth Amendment of the Constitution of Ireland|Sixteenth Amendment]] it has also been constitutional for a court to deny bail to someone charged with a crime where "it is reasonably considered necessary", to prevent that person from committing a "serious offence" (Article 40.4.6°).

*'''Inviolability of the home''': A citizen's home may not be forcibly entered, except as permitted by law (Article 40.5).

*'''Freedom of speech''': Subject to "public order and morality", a qualified right of freedom of speech is guaranteed by Article 40.6.1°. However, "the State shall endeavour to ensure that organs of public opinion" (such as the news media) "shall not be used to undermine public order or morality or the authority of the State". Furthermore, "the publication or utterance of seditious or indecent matter" is specifically stated to be a criminal offence. This also prohibited blasphemy until it was [[Thirty-seventh Amendment of the Constitution of Ireland|removed by referendum in 2018]].<ref>{{cite news|url=https://www.irishtimes.com/news/social-affairs/religion-and-beliefs/ireland-votes-as-one-to-remove-blasphemy-from-constitution-1.3678935|title=Ireland votes as one to remove blasphemy from Constitution|date=28 October 2018|newspaper=[[The Irish Times]]|access-date=20 November 2019|archive-date=14 August 2019|archive-url=https://web.archive.org/web/20190814193457/https://www.irishtimes.com/news/social-affairs/religion-and-beliefs/ireland-votes-as-one-to-remove-blasphemy-from-constitution-1.3678935|url-status=live}}</ref> In ''Corway v. Independent Newspapers'' (1999), the Supreme Court dismissed an attempt to bring a prosecution for blasphemy on the basis that, amongst other things, no coherent definition of the offence was provided by law. Such a definition was subsequently provided by the [[Blasphemy law in the Republic of Ireland#Defamation Act 2009|Defamation Act 2009]], which defined it as the publication of matter "grossly abusive or insulting in relation to matters held sacred by any religion, thereby [intentionally] causing outrage among a substantial number of the adherents of that religion". There was never a prosecution under this Act.

*'''Freedom of peaceful assembly''': Subject to "public order and morality", the right of citizens to peaceful assembly "without arms" is guaranteed by Article 40.6.1°. However, the Oireachtas is empowered to limit this right by law when a meeting may be "calculated to cause a breach of the peace or to be a danger or nuisance to the general public"; the Oireachtas is similarly empowered to limit this right in relation to meetings held "in the vicinity" of either House.

*'''Freedom of association''': Subject to "public order and morality", the right of citizens "to form associations and unions" is also guaranteed by Article 40.6.1°; however, the exercise of this right may be regulated by law "in the public interest".

*'''Family and home life''': Under Article 41.1 the state promises to "protect the Family", and recognises the family as having "inalienable and imprescriptible rights, antecedent and superior to all positive law". Under Article 41.2 the state is required to ensure that "economic necessity" does not oblige a mother "to engage in labour to the neglect of [her] duties in the home". Article 41.3 sets out conditions that must be fulfilled before a court may grant a divorce, including that adequate financial provision has been made for both spouses and any of their children.

*'''Education''': Article 42 guarantees parents the right to determine where their children shall be educated (including at home), provided a minimum standard is met. Under the same article the state must provide for free [[primary school|primary level education]]. Currently Irish law also guarantees free [[secondary school|second]] and [[tertiary education|third level]] education.

*'''Private property''': The right to own and transfer private property is guaranteed by Article 43, subject to "the principles of social justice", and in accordance with laws passed reconciling the right "with the exigencies of the common good" (Article 43).

*'''Religious freedom''': A citizen's freedom of religious conscience, practice, and worship is guaranteed, "subject to public order and morality", by Article 44.2.1°. The state may not "endow" any religion (Article 44.2.2°), nor discriminate on religious grounds (Article 44.2.3°).

====As enumerated under other headings====

*'''Prohibition of the death penalty''': Since the enactment of the [[Twenty-first Amendment of the Constitution of Ireland|twenty-first amendment]], signed into law in 2002, the Oireachtas is prohibited from enacting any law that imposes the death penalty (Article 15.5.2°); this restriction even applies during a time of war or armed rebellion (Article 28.3.3°).

*'''Prohibition of {{lang|la|ex post facto}} laws''': The Oireachtas may not enact {{lang|la|[[ex post facto law|ex post facto]]}} criminal laws (Article 15.5.1°).

*'''Due process and trial by jury''': Trial for any alleged criminal offence may only be "in due course of law" (Article 38.1). All trials for a serious offence of a person not subject to military law must be before a jury (Article 38.5), except where "special courts" have been established by law because "the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order", and except where military tribunals have been established by law "to deal with a state of war or armed rebellion".

*'''Sexual discrimination''': The sex of an individual cannot be a reason to deny them the right to citizenship (Article 9.1.3°), nor to deny them a vote for (or membership of) Dáil Éireann (Article 16.1).

===Directive Principles of Social Policy===

Article 45 outlines broad principles of social and economic policy. Its provisions are, however, intended solely "for the general guidance of the Oireachtas", and "shall not be cognisable by any Court under any of the provisions of this Constitution" (preamble to Article 45).

The "Directive Principles of Social Policy" feature little in contemporary parliamentary debates. However, no proposals have yet been made for their repeal or amendment.

The principles require, in summary, that:

*"justice and charity" must "inform all the institutions of the national life".

*Everyone has the right to an adequate occupation.

*The free market and private property must be regulated in the interests of the common good.

*The state must prevent a destructive concentration of essential commodities in the hands of a few.

*The state must supplement private industry where necessary.

*The state should ensure efficiency in private industry and protect the public against economic exploitation.

*The state must protect the vulnerable, such as orphans and the aged.

*No one may be forced into an occupation unsuited to their age, sex or strength.

The "Directive Principles" have influenced other constitutions. Notably, the famous "Indian Directive Principles of State Policy" contained in the [[Constitution of India]] are influenced by the Constitution of Ireland.<ref>Human Rights in Ireland publication, ''The Irish Influence on the Indian Constitution: 60 Years On'' which notes that Indian jurist Jai Narain Pandey described them as "borrowed from the Constitution of Ireland".</ref> Moreover, the previous [[Constitution of Nepal]] adopted in 1962 and in force for 28 years and commonly called ''Panchayat Constitution'' contained a verbatim translation of the "Directive Principles" of the Irish constitution.<ref>Hrishikesh Shah, ''PRARABDHA RA PURUSHARTHA: AATMAKATHA''; at note no. 22 at pp. 144–5 (2014); Hrishikesh Shah was the Chairman of the Constitution Drafting Committee of the Constitution of Nepal, 1962</ref><ref>''Adoption of Foreign Values NepalL: A Study''; Madhav Kumar Basnet</ref>

===Transitory provisions===

{{anchor|Transitory}}<!-- [[Transitory provisions of the Constitution of Ireland]] redirects here-->The transitory provisions of the constitution provided for a smooth takeover from the pre-existing institutions of the Free State to those established by the new constitution. Institutions would initially be assigned to their Free State analogues where available; this applied to the Dáil,<ref>Constitution Article 54</ref> courts,<ref>Constitution Article 58</ref> government,<ref>Constitution Article 56.1–2</ref> public service,<ref>Constitution Article 56.3–5</ref> Attorney General,<ref>Constitution Article 59</ref> Comptroller and Auditor General,<ref>Constitution Article 60</ref> Defence Forces<ref>Constitution Article 61</ref> and police.<ref>Constitution Article 61.1</ref> For constitutional innovations — the President<ref>Constitution Articles 52.1, 55.3, 57</ref> and Seanad<ref>Constitution Article 53, 55.1, 57.2</ref> — provision was made for their establishment within 180 days, and for the Oireachtas and Presidential Commission to function without them in the interim notwithstanding that they were otherwise essential.

Judges were required to swear allegiance to the new Constitution to continue in office, but other continuing public servants were not. Article 51 allowed constitutional amendments without referendum during the three years after the first President took office ([[Douglas Hyde]] did so [[1938 Irish presidential election|on 25 June 1938]]). This was to facilitate the Oireachtas fixing any defects or oversights that quickly became obvious. The President could still [[ordinary referendum|demand a referendum]] in some cases, but the [[First Amendment of the Constitution of Ireland|First]] (1939) and [[Second Amendment of the Constitution of Ireland|Second]] (1941) amendments were enacted under Article 51 without referendum.

The transitory provisions are mostly still [[coming into force|in force]] but [[spent law|spent]]. They themselves mandate that they be omitted from all officially published texts of the Constitution: either as soon Hyde took office, or three years later in the case of Article 51.<ref>Constitution Article 51.4, 52</ref> Article 51 expressly provides that it would cease to have legal effect once it was removed, but the rest remain in force, which has created subsequent inconvenience. The Second Amendment made changes to Article 56 despite the fact that it was no longer a part of the official text. The transitional continuation of the pre-1937 courts was not formally ended until the Courts (Establishment and Constitution) Act 1961, whose [[long title]] refers to "Article 58 of the Constitution".<ref>{{cite web |title=Courts (Establishment and Constitution) Act, 1961 |url=https://www.irishstatutebook.ie/eli/1961/act/38/enacted/en/print.html |website=electronic Irish Statute Book (eISB) |publisher=Office of the Attorney General of Ireland |access-date=5 February 2024 |language=en}}</ref> A journalist commented in 1958 that the courts' status was determined by "a non-existent provision of the Constitution".<ref>''National observer; a monthly journal of current affairs''; quoted in {{cite news |title=Courts' status never properly defined — says Journal |url=https://www.irishtimes.com/newspaper/archive/1958/1110/Pg009.html#Ar00903 |url-access=subscription |access-date=5 February 2024 |newspaper=The Irish Times |date=10 November 1958 |page=9}}</ref>

Further transitory provisions have been added by subsequent constitutional amendments, and similarly omitted from officially published texts. The [[Nineteenth Amendment of the Constitution of Ireland|Nineteenth]] (1998) added subsections 3°, 4° and 5° to Article 29.7 to facilitate the 1999 changes to [[Articles 2 and 3 of the Constitution of Ireland|Articles 2 and 3]]; articles 34A and 64 were added by the [[Thirty-third Amendment of the Constitution of Ireland|Thirty-third]] (2013) to initialise the new [[Court of Appeal (Ireland)|Court of Appeal]]. The [[Thirty-second Amendment of the Constitution Bill 2013|rejected 2013 proposal]] to abolish the Seanad included both the deletion of previous Seanad-related transitory provisions and the addition of two new abolition-related ones. The associated [[Referendum Commission]] published the full transitory provisions for the information of voters, with a disclaimer that this did not constitute an "official" text.

===Amendments===

{{Main|Amendments to the Constitution of Ireland|List of failed amendments to the Constitution of Ireland#Missing numbers}}

Any part of the Constitution may be amended, but only by referendum.

The procedure for amendment of the Constitution is set out in Article 46. An amendment must first be passed by both Houses of the Oireachtas, then be submitted to a referendum, and then finally must be signed into law by the President.

Amendments are sometimes proposed to address a new social problem or phenomenon not considered at the time of the Constitution being drafted (e.g. children's rights, same-sex marriage), to address outmoded provisions in the Constitution (e.g. special position of the Roman Catholic Church, prohibition on abortion), or to attempt to reverse or alter an interpretation of the court through a corrective referendum (e.g. Oireachtas enquiries). Usually referendums are only proposed when there is wide political support for the proposed change.<ref>Fiona de Londras & David Gwynn Morgan (2012) "Constitutional Amendment in Ireland" In: Xenophon Contiades (eds). Engineering Constitutional Change: A Comparative Perspective on Europe, Canada and the USA (2012)</ref>

====Enrollment of the Constitution====

Article 25.5 provides that from time to time, the Taoiseach may cause an up to date text of the Constitution to be prepared in Irish and in English, embodying all of the amendments made so far (and retaining the transitory provisions). Once this new text has been signed by the Taoiseach, the Chief Justice and the President, it is enrolled on [[vellum]] and deposited with the office of the Registrar of the Supreme Court. Once enrolled, the new text becomes [[incontrovertible evidence|conclusive evidence]] of the Constitution, and supersedes earlier enrolled copies. The Constitution has been enrolled six times: in 1938, 1942, 1980, 1990, 1999, and 2019.<ref>{{cite web |url=https://president.ie/en/diary/details/president-signs-text-of-bunreacht-na-heireann-in-accordance-with-article-25-of-the-constitution |url-status=live |title=President signs text of Bunreacht na hÉireann in accordance with Article 25 of the Constitution |archive-url=https://web.archive.org/web/20200520215720/https://president.ie/en/diary/details/president-signs-text-of-bunreacht-na-heireann-in-accordance-with-article-25-of-the-constitution |archive-date=20 May 2020 |date=4 November 2019 |publisher=Office of the President |___location=Dublin }}</ref>

==Judicial review of laws==

{{Main|Supreme Court of Ireland}}

The Constitution states that it is the highest law of the land and grants the Supreme Court of Ireland authority to interpret its provisions, and to strike down the laws of the Oireachtas and activities of the Government it finds to be unconstitutional. Under [[judicial review]] the quite broad meaning of certain articles has come to be explored and expanded upon since 1937.

The Supreme Court ruled that Articles 2 and 3, before their alteration in 1999, did not impose a positive obligation upon the state that could be enforced in a court of law. The reference in Article 41 to the family's "imprescriptible rights, antecedent and superior to all positive law" has been interpreted by the Supreme Court as conferring upon spouses a broad right to privacy in marital affairs. In ''[[McGee v. The Attorney General]]'' (1974) the court invoked this right to strike down laws banning the sale of contraceptives. The court also issued a controversial interpretation of Article 40.3.3°, which before its replacement in 2018 prohibited abortion. In ''Attorney General v X'' (1992), commonly known as the [[X Case]], the Supreme Court ruled that the state must permit an abortion where there is a danger to her life, including a risk of suicide.

==Issues of controversy==

Writing in [[1968 in Ireland|1968]], ''[[Irish Times]]'' literary editor [[Terence de Vere White]] criticised both the constitution and the existing political system, "At the time of this writing, the Constitution of the Republic is under scrutiny, but it is unlikely that any proposed changes therein will radically alter the system established. A Constitution on [[Constitution of the United States|the United States model]] might well suit [[Irish people|the people]] better than the present one; but the Irish are too innately [[Social Conservatism|Conservative]] ever to bring about such a change except by gradual and almost imperceptible degrees."<ref>Terence de Vere White (1968), ''New Nations and Peoples Library: Ireland'', [[Thames and Hudson]]. Page 83.</ref>

===The "national territory"===

{{Main|Articles 2 and 3 of the Constitution of Ireland|Nineteenth Amendment of the Constitution of Ireland}}

As adopted in 1937, Article 2 asserted that "the whole island of Ireland, its islands and the territorial seas" formed a single "national territory", while Article 3 asserted that the Oireachtas had a right "to exercise jurisdiction over the whole of that territory". These articles offended some [[Unionist (Ireland)|Unionists]] in Northern Ireland, who considered them tantamount to an illegal extraterritorial claim.

Under the terms of the 1998 [[Good Friday Agreement]], Articles 2 and 3 were amended to remove any reference to a "national territory", and to state that a united Ireland should only come about with the consent of majorities in both the jurisdictions on the island of Ireland. The amended Articles also guarantee the people of Northern Ireland the right to be a "part of the Irish Nation", and to Irish citizenship. This change came into force in December 1999.

===Religion===

{{One source|section|date=April 2022}}

{{See also|Fifth Amendment of the Constitution of Ireland}}

The Constitution guarantees freedom of worship, and forbids the state from creating an established church.

Article 44.1 as originally enacted explicitly "recognised" a number of Christian denominations, such as the Anglican [[Church of Ireland]], the [[Presbyterian Church in Ireland]], as well as "the Jewish Congregations". It also recognised the "special position" of the Catholic Church. These provisions were removed by the Fifth Amendment in 1973 (see below). Nevertheless, the constitution still contains a number of explicit religious references, such as in the preamble, the declaration made by the President, and the remaining text of Article 44.1, which reads:

{{blockquote|The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion.}}

A number of ideas found in the Constitution reflect the Catholic social teachings when the original text was drafted. Such teachings informed the provisions of the (non-binding) Directive Principles of Social Policy, as well as the system of vocational panels used to elect the Senate. The Constitution also grants very broadly worded rights to the institution of the family.

The remaining religious provisions of the Constitution, including the wording of the Preamble, remain controversial and widely debated.<ref>[http://www.thehist.com/index.php?option=content&task=view&id=288&Itemid=719 Minutes] {{Webarchive|url=https://web.archive.org/web/20110717003523/http://www.thehist.com/index.php?option=content&task=view&id=288&Itemid=719 |date=17 July 2011 }} & [http://www.thehist.com/index.php?option=com_docman&task=cat_view&gid=154&Itemid=735 Recordings] {{Webarchive|url=https://web.archive.org/web/20110717003535/http://www.thehist.com/index.php?option=com_docman&task=cat_view&gid=154&Itemid=735 |date=17 July 2011 }} of the [[College Historical Society]] debate on the presence of God in the Constitution, featuring Archbishop [[John Neill (archbishop of Dublin)|John Neill]], [[Patsy McGarry]] and Senator [[Rónán Mullen]].</ref>

As originally enacted, the Constitution also included a prohibition on divorce. The ban on divorce was not removed until 1996.

*Incorporating Catholic social teaching into law was common to many predominantly Catholic countries in the 1930s. Divorce, for example, was banned in other states such as Italy, which repealed its ban in the 1970s.

*The reference to the Catholic Church's special position was of no legal effect and there was significance in the fact that the "special position" of Catholicism was held to derive merely from its greater number of adherents. Notably, Éamon De Valera resisted pressure from right-wing Catholic groups such as [[Maria Duce]] to make Catholicism an established church or to declare it the "one true religion".

*The prohibition on divorce was supported by senior members of the Protestant ([[Anglican]]) [[Church of Ireland]].

*The Constitution's explicit recognition of the Jewish community was progressive in the climate of the 1930s.

===Abortion===

{{See also|Eighth Amendment of the Constitution of Ireland|Thirty-sixth Amendment of the Constitution of Ireland}}

The Constitution had, from [[Eighth Amendment of the Constitution of Ireland|1983]] to [[Thirty-sixth Amendment of the Constitution of Ireland|2018]], contained a prohibition of abortion. From 1992 the constitution did not prohibit the distribution of information about abortion services in other countries or the right of freedom of travel to procure an abortion. In theory, the prohibition of abortion did not apply to cases in which there was a threat to the life of the mother (including from risk of suicide), though the 2012 [[death of Savita Halappanavar]] suggested that the practical position was a total prohibition.

Article 40.3.3° was inserted into the Constitution in 1983 by the [[Eighth Amendment of the Constitution of Ireland]]. The Eighth Amendment recognised "the unborn" as having a right to life equal to that of "the mother".<ref>de Londras & Enright, Repealing the 8th: Reforming Abortion Law in Ireland (2018)</ref> Accordingly, abortions could be legally conducted in Ireland only as part of a medical intervention performed to save the life of the pregnant woman, including a pregnant woman at risk of suicide.<ref>{{cite web |url=http://www.belfasttelegraph.co.uk/news/local-national/republic-of-ireland/irish-president-passes-abortion-law-29459951.html |title=Irish president passes abortion law |work=Belfast Telegraph |date=2013-07-30 |access-date=2015-05-19 |archive-date=26 January 2020 |archive-url=https://web.archive.org/web/20200126100132/http://www.belfasttelegraph.co.uk/news/local-national/republic-of-ireland/irish-president-passes-abortion-law-29459951.html |url-status=live }}</ref> On 25 May 2018, a referendum was held asking whether the Eighth Amendment should be repealed. A majority voted to repeal, and the Eighth Amendment was subsequently repealed on 18 September 2018 via the passage of the [[Thirty-sixth Amendment of the Constitution of Ireland|Thirty-sixth Amendment]].<ref>{{Cite news|url=https://www.rte.ie/news/ireland/2018/0918/994438-cabinet/|title=Eighth Amendment repealed after bill is signed into law|last=Fitzgerald|first=Martina|date=18 September 2018|publisher=RTÉ News|access-date=18 September 2018|archive-date=18 September 2018|archive-url=https://web.archive.org/web/20180918044748/https://www.rte.ie/news/ireland/2018/0918/994438-cabinet/|url-status=live}}</ref>

===Status of women===

The Constitution guarantees women the right to vote and to nationality and citizenship on an equal basis with men. It also contains a provision, Article 41.2, which states:

{{blockquote|1° [...] the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.

<br>

2° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.}}

A proposed amendment to this article (the [[2024 Irish constitutional referendums|Fortieth Amendment]]) was defeated in a referendum in March 2024.

===Head of state===

{{Main|Irish head of state from 1922 to 1949}}

In 1949 the Irish state abandoned its few remaining constitutional ties with the British monarchy, and it was declared by an Act of the Oireachtas that the term "Republic of Ireland" could be used as a "description" for the Irish state. However, there is debate as to whether or not the state was a republic in the period 1937–1949; between these dates the state was not described in any law as a republic. The current text of the Constitution does not mention the word "republic", but does for example assert that all power is derived, "under God, from the people" (Article 6.1).

Debate largely focuses on the question of whether, before 1949, the head of state was the [[President of Ireland]] or King [[George VI]]. The Constitution did not directly refer to the King, but also did not (and still does not) state that the President was head of state. The President exercised most of the usual internal functions of a head of state, such as formally appointing the Government, and promulgating laws.

In 1936, before the enactment of the existing Constitution, George VI had been declared "By the Grace of God, of Great Britain, Ireland and the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India" and, under the [[Executive Authority (External Relations) Act 1936|External Relations Act]] of the same year, it was this King who formally represented the state in its foreign affairs. Treaties, for example, were signed in the name of the King, who also accredited ambassadors and received the letters of credence of foreign diplomats. Representing a state abroad is seen by many scholars as the key characteristic of a head of state. This role meant, in any case, that George VI was the Head of State in the eyes of foreign nations.<ref>'Treaty-Making Procedure in the British Dominions' by Robert B. Stewart; The American Journal of International Law; Vol. 32, No. 3 (Jul., 1938), pp. 467–487 (pg. 480): Cambridge University Press</ref>

Section 3(1) of the Act stipulated that:

{{blockquote|so long as Saorstát Éireann [i.e. the Irish Free State] is associated with the following nations, that is to say, Australia, Canada, Great Britain, New Zealand and South Africa [i.e. the dominions then within the Commonwealth], and so long as the King recognised by those nations as the symbol of their co-operation continues to act on behalf of each of those nations (on the advice of the several Governments thereof) for the purposes of the appointment of diplomatic and consular representatives and the conclusion of international agreements, the King so recognised may, and is hereby authorised to, act on behalf of Saorstát Éireann for the like purposes as and when advised by the Executive Council so to do."}}

However, the removal of the king's constitutional position within Ireland was brought about in 1948 not by any change to the Constitution but by ordinary law ([[The Republic of Ireland Act 1948]]). Since the Irish state was unambiguously a republic after 1949 (when the 1948 Act came into operation) and the same Constitution was in force prior to that time, some have argued that the Irish state was in reality a republic from the Constitution's enactment in 1937.

===Name of the state===

{{Main|Names of the Irish state}}

The constitution begins with words "''We, the people of Éire''". It then declares, in Article 4, that the name of the state is "''Éire'', or, in the English language, ''Ireland''". The text of the draft constitution as originally introduced into the Dáil had simply stated that the state was to be called ''Éire'', and that term was used throughout the text of the draft constitution. However, the English text of the draft constitution was amended during the parliamentary debates to replace "Éire" with "Ireland".<ref>{{cite web |url=http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail1937052500014 |work=[[Dáil Éireann]] debates Volume 67 |date=25 May 1937 |title=Bunreacht na hÉireann (Dréacht)—Coiste |publisher=[[Oireachtas]] |access-date=6 December 2017 |archive-date=7 December 2017 |archive-url=https://web.archive.org/web/20171207084857/http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail1937052500014 |url-status=live }}</ref> (The only exceptions were the preamble, in which "Éire" is used alone, and Article 4, which was amended so as to refer to both "Éire" and the alternative English language name of "Ireland".) The name of the state was the subject of a long dispute between the British and Irish governments, which has since been resolved.<ref>Parliamentary Under Secretary of State at the Northern Ireland Office, Lord Dubs, House of Lords Debates volume 593 Column 1188 ([https://publications.parliament.uk/pa/ld199798/ldhansrd/vo981019/text/81019-07.htm 19 Oct 1998] {{Webarchive|url=https://web.archive.org/web/20171010080441/https://publications.parliament.uk/pa/ld199798/ldhansrd/vo981019/text/81019-07.htm |date=10 October 2017 }}).</ref>{{how|date=July 2020}}

===Non-traditional family units===

Article 41.1.1° of the Constitution "recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing [[Natural right|inalienable and imprescriptible rights]], antecedent and superior to all [[positive law]]", and guarantees its protection by the state. The [[Thirty-fourth Amendment of the Constitution of Ireland|34th amendment]] in 2015 mandated recognition of [[Same-sex marriage in the Republic of Ireland|same-sex marriage in Ireland]]. A [[2024 Irish constitutional referendums|referendum in March 2024]] rejected [[Thirty-ninth Amendment of the Constitution (The Family) Bill 2023|a proposed amendment]] which would have deleted a claim that the family is founded on marriage and amended Article 41.1.1° so as to recognise "the Family, "whether founded on marriage or on other durable relationships".

A consequence of Article 41 is that non-marital family unit members are not entitled to any of the encompassed protections, including those under the realms of tax, inheritance, and social welfare, granted by Article 41. For example, in ''State (Nicolaou) v. An Bord Uchtála'' (1966),<ref>''State (Nicolaou) v. An Bord Uchtála'' [1966] I.R. 567</ref> where an unmarried father, who had become estranged from the mother of his child some months after living and caring for the same child together, was prevented from invoking the provisions of Article 41 to halt the mother's wishes of putting the child up for [[adoption]]. [[Supreme Court of Ireland|Supreme Court]] Justice [[Brian Walsh (judge)|Brian Walsh]] stated that "the family referred to in [Article 41 was] the family which is founded on the institution of marriage".

=== Economic and social rights ===

Recent polls suggest that more than 70 percent of the Irish public believe that the Irish Constitution should be amended to protect human rights like the [[right to health]] and social security.<ref>{{Cite book|last=Murray|first=Thomas|url=https://www.cambridge.org/core/books/contesting-economic-and-social-rights-in-ireland/93A83290186AC020BA1E80934F07A05D|title=Contesting Economic and Social Rights in Ireland: Constitution, State and Society, 1848–2016|date=2016|publisher=Cambridge University Press|isbn=978-1-107-15535-0|series=Cambridge Studies in Law and Society|___location=Cambridge|pages=2|doi=10.1017/cbo9781316652862|access-date=4 January 2021|archive-date=11 December 2020|archive-url=https://web.archive.org/web/20201211112356/https://www.cambridge.org/core/books/contesting-economic-and-social-rights-in-ireland/93A83290186AC020BA1E80934F07A05D|url-status=live}}</ref>

In February 2014, the Convention on the Irish Constitution (2014) voted to constitutionalise rights to health, housing, and adequate living standards. Successive Irish governments, however, have thus far not acted upon its recommendations to constitutionalise new economic and social rights.

Civil society groups have articulated and mobilised for socio-economic rights in response to the state's handling of the 2008 crisis, particularly its nationalising of private banking debts and imposition of austerity. The Right2Water campaign (2015) mobilised tens of thousands of people in support of the constitutional recognition of a right to water, as well as rights to decent work, health, housing, education, debt justice, and democratic reform. Civil society organisations continue to call for a constitutional right to housing to address homelessness.<ref>{{Cite book|last=Murray|first=Thomas|url=https://www.cambridge.org/core/books/contesting-economic-and-social-rights-in-ireland/93A83290186AC020BA1E80934F07A05D|title=Contesting Economic and Social Rights in Ireland: Constitution, State and Society, 1848–2016|date=2016|publisher=Cambridge University Press|isbn=978-1-107-15535-0|series=Cambridge Studies in Law and Society|___location=Cambridge|pages=1–5|doi=10.1017/cbo9781316652862|access-date=4 January 2021|archive-date=11 December 2020|archive-url=https://web.archive.org/web/20201211112356/https://www.cambridge.org/core/books/contesting-economic-and-social-rights-in-ireland/93A83290186AC020BA1E80934F07A05D|url-status=live}}</ref>

==Discrepancies between the Irish and English texts==

A number of discrepancies have been identified between the Irish language and English language texts of the Constitution. According to Article 25.5.4° the Irish text prevails in such cases. The [[Second Amendment of the Constitution of Ireland|second amendment]] resolved some of these in 1941 with changes to the Irish language texts of Articles 11, 13, 15, 18, 20, 28 and 34 which had no corresponding change to the English language text.

Perhaps the most significant remaining discrepancy between the two texts of the Constitution is to be found in the subsection stipulating the minimum age for a candidate to be eligible for election as President (Art. 12.4.1°). According to the English text, an eligible candidate "has reached his thirty-fifth year of age", whereas the Irish text has this as "{{lang|ga|ag a bhfuil cúig bliana tríochad slán}}" ("has completed his thirty-five years").

A person's first year begins when they are born and ends the day before their first birthday. A first birthday is the beginning of their second year. Accordingly, the thirty-fifth year of age is reached on a person's thirty-fourth birthday. In contrast a person has completed their first year on their first birthday and their thirty-fifth year on their thirty-fifth birthday.<ref>{{cite book |first1=Micheál |last1=Ó Cearúil |first2=Máirtín |last2=Ó Murchú |title=Bunreacht na hÉireann: a study of the Irish text |year=1999 |publisher=Stationery Office |___location=Dublin |isbn=0707664004 |page=132 |url=https://www.constitution.ie/Documents/Bunreacht%20na%20hEireann%20-%20Study%20of%20the%20Irish%20Text.pdf |access-date=13 November 2013 |quote=While the English text requires a Presidential candidate to have 'reached his thirty-fifth year of age', which it has been noted the candidate would do on his thirty-fourth birthday, the Irish text requires him to have completed thirty five years. |archive-url=https://web.archive.org/web/20160304055829/https://www.constitution.ie/Documents/Bunreacht%20na%20hEireann%20-%20Study%20of%20the%20Irish%20Text.pdf |archive-date=4 March 2016 |url-status=dead }}</ref> This can be contrasted with Article 16.1.2˚ regarding the entitlement to vote for Dáil Éireann which states this as those "who have reached the age of eighteen years".

==Constitutional reviews==

The Constitution has been subjected to a series of formal reviews.<ref name="reviews">See [https://web.archive.org/web/20110721123405/http://www.constitution.ie/constitutional-reviews/default.asp?UserLang=EN All-Party Oireachtas Committee on the Constitution: Constitutional Reviews]. This section is adapted from this source, under the presumption of fair use of government publications.</ref>

;1966: The then Taoiseach, [[Seán Lemass]], encouraged the establishment of an informal [[Oireachtas]] committee, which undertook a general review of the Constitution and issued a report in 1967.

;1968: A draft report was produced by a legal committee, chaired by the [[Attorney General of Ireland|Attorney General]] [[Colm Condon]]. No final report was published.

;1972: The Inter-Party Committee on the Implications of Irish Unity addressed constitutional issues in relation to Northern Ireland. Its work was continued by the 1973 All-Party Oireachtas Committee on Irish Relations and later by the 1982 Constitution Review Body, a group of legal experts under the chairmanship of the Attorney General. Neither of the 1972 groups published a report.

;1983–1984: The [[New Ireland Forum]] was established in 1983, and its report in 1984 covered some constitutional issues.

;1988: The [[Progressive Democrats]] published a review entitled ''Constitution for a New Republic''.

;1994–1997: In October 1994, the government established a Forum for Peace and Reconciliation, which considered some constitutional issues relating to [[Northern Ireland]]. The Forum suspended its work in February 1996 but met once more in December 1997.

; 1995–1996: The [[Constitution Review Group]]<ref>{{cite web|url=http://www.constitution.ie/constitutional-reviews/crg.asp |archive-url=https://web.archive.org/web/20110721123405/http://www.constitution.ie/constitutional-reviews/crg.asp |url-status=dead |archive-date=2011-07-21 |title=The Constitution Review Group (CRG) – The All-Party Oireachtas Committee on the Constitution – Ireland |access-date=2018-04-09}}</ref> was an expert group established by the government in 1995, and chaired by Dr [[T.K. Whitaker]]. Its 700-page report, published in July 1996,<ref name="crg-report">{{cite book

| last = Constitution Review Group

| year = 1996

| title = Report of the Constitution Review Group

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7076-2440-1

}}</ref> was described as "the most thorough analysis of the Constitution from the legal, political science, administrative, social and economic perspectives ever made".<ref name="thorough">See [https://web.archive.org/web/20110721123405/http://www.constitution.ie/constitutional-reviews/crg.asp Constitution Review Group]</ref>

;1996–2007: The All-Party Oireachtas Committee on the Constitution<ref>{{cite web|url=http://www.constitution.ie/ |archive-url=https://web.archive.org/web/20110721123405/http://www.constitution.ie/ |url-status=dead |archive-date=2011-07-21 |title=The All-Party Oireachtas Committee on the Constitution |access-date=2018-04-09}}</ref> was set up in 1996, running in three stages until it completed its work in 2007.

;2012–2014: A [[Constitutional Convention (Ireland)|Constitutional Convention]] composed both of citizen members and elected representatives examined a number of specific measures and proposed their amendment

===All-Party Oireachtas Committee===

The All-Party Oireachtas Committee on the Constitution was established in 1996.

====First committee====

The First All-Party Committee (1996–1997), chaired by [[Fine Gael]] TD [[Jim O'Keeffe]], published two progress reports in 1997:

*''1st Progress Report'', 1997<ref name="apcreport01">{{cite book

| last = All-Party Oireachtas Committee on the Constitution|author2=Jim O'Keeffe

| year = 1997

| title = First progress report

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7076-3858-5

}}</ref>

*''2nd Progress Report'', 1997<ref name="apcreport02">{{cite book

| last = All-Party Oireachtas Committee on the Constitution

|author2=Jim O'Keeffe

| year = 1997

| title = Second progress report

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7076-3868-2

}}</ref>

====Second committee====

The Second All-Party Oireachtas Committee on the Constitution (1997–2002) was chaired by [[Fianna Fáil]] TD [[Brian Lenihan Jnr|Brian Lenihan]]. It published five progress reports:

*''3rd Progress Report: The President'', 1998<ref name="apcreport03">{{cite book

| last = All-Party Oireachtas Committee on the Constitution

|author2=Brian Lenihan

| year = 1998

| title = Third progress report: The President

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7076-6161-7

}}</ref>

*''4th Progress Report: the courts and judiciary'', 1999<ref name="apcreport04">{{cite book

| last = All-Party Oireachtas Committee on the Constitution

|author2=Brian Lenihan

| year = 1999

| title = Fourth progress report: the courts and judiciary

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7076-6297-4

}}</ref>

*''5th Progress Report: abortion'', 2000<ref name="apcreport05">{{cite book

| last = All-Party Oireachtas Committee on the Constitution

|author2=Brian Lenihan

| year = 2000

| title = Fifth progress report: abortion

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7076-9001-3

}}</ref>

*''6th Progress Report: the referendum'', 2001<ref name="apcreport06">{{cite book

| last = All-Party Oireachtas Committee on the Constitution

|author2=Brian Lenihan

| year = 2001

| title = Sixth progress report: the referendum

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7557-1168-8

}}</ref>

*''7th Progress Report: Parliament'', 2002<ref name="apcreport07">{{cite book

| last = All-Party Oireachtas Committee on the Constitution

|author2=Brian Lenihan

| year = 2002

| title = Seventh progress report: parliament

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7557-1211-0

}}</ref>

The second committee also published two commissioned works:

*''A new electoral system for Ireland?'', by Michael Laver (1998)<ref name="apcpub01">{{cite book

| last = Laver

| first = Michael

|author2=All-Party Oireachtas Committee on the Constitution

| year = 1998

| title = A new electoral system for Ireland?

| publisher = Stationery Office

| ___location = Dublin

| isbn = 1-902585-00-3

}}</ref>

*''Bunreacht na hÉireann: a study of the Irish text'', by Micheál Ó Cearúil (1999)<ref name="apcpub02">{{cite book

| last = Ó Cearúil

| first = Micheál

|author2=All-Party Oireachtas Committee on the Constitution

| year = 1999

| title = Bunreacht na hÉireann: a study of the Irish text

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7076-6400-4

}}</ref>

====Third committee====

The Third All-Party Oireachtas Committee on the Constitution (2002–2007) was chaired by [[Fianna Fáil]] TD [[Denis O'Donovan]]. It described its task as being to "complete the programme of constitutional amendments begun by the earlier committees, aimed at renewing the Constitution in all its parts, for implementation over a number of years". It described the job as "unprecedented", noting that "no other state with the referendum as its sole mechanism for constitutional change has set itself so ambitious an objective".<ref name="2002commiteeworkprogramme">See [https://web.archive.org/web/20110721123405/http://www.constitution.ie/work-programme/default.asp?UserLang=EN Work Programme of the All-Party Oireachtas Committee on the Constitution]</ref>

The committee divided its work into considering three types of amendment:

*'''technical/editorial''': changes in form but not in substance, for example changing "he" to "he or she" where it is clear that a provision in the Constitution applies to both men and women.

*'''non-contentious''': changes in substance generally agreeable to the people, for example describing the President as Head of State.

*'''contentious''': changes in substance which of their nature divide people, for example changes in the character and scope of human rights.

The Third All-Party Committee published three reports:<ref name="reportlist">see [https://web.archive.org/web/20110721123405/http://www.constitution.ie/publications/default.asp?UserLang=EN Publications of the All-Party Oireachtas Committee on the Constitution]</ref>

*''8th Progress Report: Government, 2003''<ref name="apc8threport">{{cite book

| last = All-Party Oireachtas Committee on the Constitution

|author2=Denis O'Donovan

| year = 2003

| title = Eighth progress report: government

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7557-1552-7

}}</ref>

*''9th Progress Report: Private Property, 2004''<ref name="apc9threport">{{cite book

| last = All-Party Oireachtas Committee on the Constitution

|author2=Denis O'Donovan

| year = 2004

| title = Ninth progress report: private property

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7557-1901-8

}}</ref>

*''10th Progress Report: The Family'', 2006<ref name="apc10threport">{{cite book

| last = All-Party Oireachtas Committee on the Constitution

|author2=Denis O'Donovan

| year = 2006

| title = Tenth progress report: the family

| publisher = Stationery Office

| ___location = Dublin

| isbn = 0-7557-7350-0

}}</ref>

==References==

{{Reflist}}

==Further reading==

*Brian Farrell, ''De Valera's Constitution and Ours''

*Brian Doolan, ''Constitutional Law and Constitutional Rights in Ireland''

*Jim Duffy, "Overseas studies: Ireland" in ''An Australian Republic: The Options – The Appendices'' (Republic Advisory Committee, Vol II, Commonwealth of Australia, 1993) {{ISBN|0-644-32589-5}}

*Michael Forde, ''Constitutional Law of Ireland''

*[[John M. Kelly (politician)|John M. Kelly]], ''The Irish Constitution''

*[[Dermot Keogh]] and [[Andrew McCarthy]], 'The making of the Irish Constitution 1937', Mercier Press, Cork, 2007, {{ISBN|978-1-85635-561-2}}

*Tim Murphy & Patrick Twomey, ''Ireland's Evolving Constitution 1937–1997: Collected Essays''

*Thomas Murray (2016) ''Contesting Economic and Social Rights in Ireland: Constitution, State and Society, 1848–2016'' Cambridge University Press. https://doi.org/10.1017/CBO9781316652862

*Thomas Murray (2015) "Socio-Economic Rights and the Making of the 1937 Irish Constitution", ''Irish Political Studies'',Vol 31 (4), pp.&nbsp;502–524. [https://www.tandfonline.com/doi/full/10.1080/07907184.2015.1095738 DOI: 10.1080/07907184.2015.1095738]

*Micheál Ó Cearúil, ''Bunreacht na hÉireann: A Study of the Irish Text'' (published by the ''All Party Oireachtas Committee on the Constitution'', The Stationery Office, 1999).

*James Casey, "Constitutional Law in Ireland"

*Séamas Ó Tuathail, "Gaeilge agus Bunreacht"

*{{cite book|editor-first1=Oran |editor-last1=Doyle |editor-first2=Eoin |editor-last2=Carolan |title=The Irish Constitution: Governance and Values |publisher=Thomson Round Hall |date=2008}}

* Fiona de Londras and Mairead Enright, "Repealing the 8th: Reforming Abortion Law in Ireland" (Policy press, 2018)

==External links==

{{wikisourcecat}}

;Text of the constitution:

* [[Irish Statute Book]]: [https://www.irishstatutebook.ie/eli/cons/en/html English text] [https://www.irishstatutebook.ie/eli/cons/ga/html Irish text]

* [[s:Constitution of Ireland (original text)|Constitution of Ireland (original text)]] – Full text of the document as it was adopted in 1937, including the transitory provisions; from [[Wikisource]]

*[https://web.archive.org/web/20040606073716/http://www.johnpghall.pwp.blueyonder.co.uk/ The Unabridged Constitution of Ireland] – An unofficial variorum edition with amendments alongside the original text. Accurate only till the Twentieth Amendment in 1999.

;Other:

* [https://web.archive.org/web/20110222082646/http://www.constitution.ie/ constitution.ie] ([[Constitutional Convention (Ireland)|Constitutional Convention]])

** [https://web.archive.org/web/20171003075044/https://www.constitution.ie/Constitution.aspx Constitution] (links to official reports on the Constitution since 1996)

* [https://web.archive.org/web/20120121025646/http://www.ria.ie/research/oic.aspx The Origins of the Irish Constitution] project of the [[Royal Irish Academy]] with documents covering the period 1929 to 1941.

{{Irish constitutions}}

{{Amendments of the Constitution of Ireland}}

{{Constitutions of Europe}}

{{Ireland topics}}

[[Category:Constitution of Ireland| ]]

[[Category:1937 in Ireland]]

[[Category:1937 in Irish law]]

[[Category:Irish constitutional law]]

[[Category:Ireland and the Commonwealth of Nations]]

[[Category:Political history of the Republic of Ireland]]

[[Category:Éamon de Valera]]

[[Category:1937 establishments in Ireland]]

[[Category:1937 documents]]