Eleventh Amendment of the Constitution of Ireland

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Eleventh Amendment of the Constitution of Ireland
Flag of Ireland.svg
18 June 1992 (1992-06-18)
To permit the state to ratify the Maastricht Treaty
Results
Choice
Votes%
Check-71-128-204-brightblue.svgYes1,001,07669.05%
Light brown x.svgNo448,65530.95%
Valid votes1,449,73199.49%
Invalid or blank votes7,4880.51%
Total votes1,457,219100.00%
Registered voters/turnout2,542,84057.31%

The Eleventh Amendment of the Constitution Act 1992 (previously bill no. 12 of 1992) is an amendment to the Constitution of Ireland which permitted the state to ratify the Treaty on European Union, commonly known as the Maastricht Treaty. It was approved by referendum on 18 June 1992 and signed into law on 16 July of the same year.

Contents

Overview

Posters against the ratification of the Maastricht Treaty. Dublin, Ireland (1992). Maastricht Treaty pro life posters.jpg
Posters against the ratification of the Maastricht Treaty. Dublin, Ireland (1992).

The Eleventh Amendment of the Constitution was one of a number of amendments that have been made to expressly permit the state to ratify changes to the founding treaties of the European Union (then known as the European Community) (others have been the Tenth, Eighteenth, Twenty-sixth and the Twenty-eighth Amendments). These amendments were all adopted because of the finding of the Supreme Court in Crotty v. An Taoiseach (1987) that major changes to the treaties are unconstitutional unless accompanied by an amendment.

The Eleventh Amendment was introduced by a Fianna FáilProgressive Democrats coalition government and was also supported by opposition parties Fine Gael and the Labour Party. Democratic Left and the Green Party were opposed to it. Some anti-abortion groups also opposed the treaty, arguing that it might lead to legalised abortion in Ireland.

Changes to the text

The Eleventh Amendment amended Article 29.4 by the deletion of the highlighted sentence from subsection 3°:

3° The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March, 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 1957). The State may ratify the Single European Act (signed on behalf of the Member States of the Communities at Luxembourg on the 17th day of February, 1986, and at The Hague on the 28th day of February, 1986). No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities, or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State.

and by the addition of the following subsections:

4° The State may ratify the Treaty on European Union signed at Maastricht on the 7th day of February, 1992, and may become a member of that Union.

5° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of the European Union or of the Communities, or prevents laws enacted, acts done or measures adopted by the European Union or by the Communities or by institutions thereof, or by bodies competent under the Treaties establishing the Communities, from having the force of law in the State.

6° The State may ratify the Agreement relating to Community Patents drawn up between the Member States of the Communities and done at Luxembourg on the 15th day of December, 1989.

Result

Eleventh Amendment of the Constitution of Ireland referendum [1]
ChoiceVotes%
Check-71-128-204-brightblue.svg Yes1,001,07669.05
No448,65530.95
Valid votes1,449,73199.49
Invalid or blank votes7,4880.51
Total votes1,457,219100.00
Registered voters/turnout2,542,84057.31
Results by constituency [1]
ConstituencyElectorateTurnout (%)VotesProportion of votes
YesNoYesNo
Carlow–Kilkenny 81,19259.2%34,18013,63371.5%28.5%
Cavan–Monaghan 79,00452.7%28,91612,38270.1%29.9%
Clare 67,55853.9%26,9849,26474.5%25.5%
Cork East 58,15961.5%24,73810,86369.5%30.5%
Cork North-Central 64,49757.7%24,28512,80065.5%34.5%
Cork North-West 42,05862.9%18,4817,77370.4%29.6%
Cork South-Central 82,85362.9%36,65315,21870.7%29.3%
Cork South-West 43,75361.0%18,6897,84670.5%29.5%
Donegal North-East 46,93450.9%14,0639,73759.1%40.9%
Donegal South-West 48,49448.8%13,7249,83758.3%41.7%
Dublin Central 63,41156.6%21,21614,48859.5%40.5%
Dublin North 56,41259.2%24,4888,78973.6%26.4%
Dublin North-Central 55,37665.3%23,52612,52465.3%34.7%
Dublin North-East 55,02461.5%21,46912,23863.7%36.3%
Dublin North-West 47,93757.8%15,64211,87456.9%43.1%
Dublin South 87,32263.0%40,56914,26774.0%26.0%
Dublin South-Central 71,05257.8%25,71815,14063.0%37.0%
Dublin South-East 60,63054.2%21,60311,06166.2%33.8%
Dublin South-West 69,65454.9%24,84713,25065.3%34.7%
Dublin West 82,64155.9%30,23615,86165.6%34.4%
Dún Laoghaire 83,36962.3%38,39613,36274.2%25.8%
Galway East 43,21953.9%17,3065,78075.0%25.0%
Galway West 81,29250.7%27,66913,34067.5%32.5%
Kerry North 48,60652.5%16,3139,00664.5%35.5%
Kerry South 44,03452.9%15,4957,63367.0%33.0%
Kildare 85,07355.0%34,31412,27573.7%26.3%
Laois–Offaly 77,22658.5%30,40914,47067.8%32.2%
Limerick East 69,02558.5%29,05911,13472.3%27.7%
Limerick West 44,76857.2%18,2417,15271.9%28.1%
Longford–Westmeath 64,09856.3%26,4869,36473.9%26.1%
Louth 65,66658.9%26,92511,44670.2%29.8%
Mayo East 40,33652.4%15,6035,43474.2%25.8%
Mayo West 40,65453.0%16,0765,42474.8%25.2%
Meath 82,13356.1%32,60813,20471.2%28.8%
Roscommon 40,69059.4%17,2426,75571.9%28.1%
Sligo–Leitrim 60,67555.3%23,8269,46171.6%28.4%
Tipperary North 42,63360.0%17,0528,34367.2%32.8%
Tipperary South 56,70560.2%22,81011,14867.2%32.8%
Waterford 63,69258.0%26,9239,85073.3%26.7%
Wexford 75,55357.0%30,34712,49170.9%29.1%
Wicklow 69,43258.9%27,94912,73868.7%31.3%
Total2,542,84057.3%1,001,076448,65569.1%30.9%

See also

References

  1. 1 2 "Referendum Results 1937–2015" (PDF). Department of Housing, Planning and Local Government . 23 August 2016. p. 44. Archived (PDF) from the original on 20 December 2017. Retrieved 9 June 2018.