Related Research Articles
The Constitution of Ireland is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliament, a separation of powers and judicial review.
The Constitution of the Irish Free State was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which came into effect upon receiving the royal assent on 5 December 1922, provided that the Constitution would come into effect upon the issue of a Royal Proclamation, which was done on 6 December 1922. In 1937 the Constitution of the Irish Free State was replaced by the modern Constitution of Ireland following a referendum.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, or after a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk.
The 2nd government of Ireland was the government of Ireland formed after the 1938 general election to the 10th Dáil held on 17 June. It was a single-party Fianna Fáil government led by Éamon de Valera as Taoiseach. Fianna Fáil had been in office since the 1932 general election. It lasted for 1,828 days.
The Government of Ireland is the executive authority of the Republic of Ireland, headed by the Taoiseach, the head of government. The government – also known as the cabinet – is composed of ministers, each of whom must be a member of the Oireachtas, which consists of Dáil Éireann and Seanad Éireann. Most ministers have a portfolio of specific responsibilities such as departments or policy areas, although ministers without portfolio can be appointed.
The Eighteenth Amendment of the Constitution Act 1998 is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Amsterdam. It was approved by referendum on 22 May 1998 and signed into law on the 3 June of the same year. The referendum was held on the same day as the referendum on Nineteenth Amendment, which related to approval of the Good Friday Agreement.
The Twenty-first Amendment of the Constitution Act 2001 is an amendment of the Constitution of Ireland which introduced a constitutional ban on the death penalty and removed all references to capital punishment from the text. It was approved by referendum on 7 June 2001 and signed into law on 27 March 2002. The referendum was held on the same day as referendums on the ratification of the Rome Statute of the International Criminal Court, which was also approved, and on the ratification of the Nice Treaty, which was rejected.
The Twenty-sixth Amendment of the Constitution Act 2002 is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Nice. It was approved by referendum on 19 October 2002 and signed into law on 7 November of the same year. The amendment followed a previous failed attempt to approve the Nice Treaty which was rejected in the first Nice referendum held in 2001.
Amendments to the Constitution of Ireland are only possible by way of referendum. A proposal to amend the Constitution of Ireland must be initiated as a bill in Dáil Éireann, be passed by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the president of Ireland. Since the constitution entered into force on 29 December 1937, there have been 32 amendments to the constitution.
The Nineteenth Amendment of the Constitution is an amendment of the Constitution of Ireland which permitted the state to be bound by the British–Irish Agreement and enabled the establishment of shared political institutions between Ireland and Northern Ireland. It also provided a mechanism for a further amendment to the Constitution upon a declaration by the government on the implementation of the Agreement, most notably by changing Articles 2 and 3 from the previous claim over the whole island of Ireland to an aspiration towards creating a united Ireland by peaceful means, "with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island".
The Second Amendment of the Constitution Act 1941 is an amendment of the Constitution of Ireland that was in the form of omnibus legislation affecting a variety of articles on a range of subject matters. It was signed into law on 30 May 1941.
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too.
The Constitution Act 1936 was an amendment to the Constitution of the Irish Free State that removed all reference to the King, to the office of Governor-General, and almost completely eliminated the King's constitutional role in the state. Under the Act most of the functions previously performed by the King and his Governor-General were transferred to various other organs of the Irish government. The only role retained by the King was as representative of the state in foreign affairs. The amendment passed through the Oireachtas at the same time as the External Relations Act, becoming law on 11 December 1936. Its long title was:
An Act to effect certain amendments of the Constitution in relation to the executive authority and power and in relation to the performance of certain executive functions.
The granting, reserving or withholding of royal assent was one of the key roles, and potentially one of the key powers, possessed by the Governor-General of the Irish Free State. Until it was granted, no bill passed by the Oireachtas could complete its passage of enactment and become law.
In re Article 26 and the Regulation of Information Bill 1995 [1995] 1 IR 1 was a decision of the Supreme Court of Ireland after a referral by President Mary Robinson under Article 26 of the Constitution of Ireland. This is a procedure whereby the constitutionality of a bill is considered by the Supreme Court before it is signed into law, similar to the concept of a facial challenge in the United States. If the Court finds that it is constitutional, it may not later be challenged after its enactment.
Capital punishment in the Republic of Ireland was abolished in statute law in 1990, having been abolished in 1964 for most offences including ordinary murder. The last person to be executed was Michael Manning, hanged for murder in 1954. All subsequent death sentences in the Republic of Ireland, the last handed down in 1985, were commuted by the President, on the advice of the Government, to terms of imprisonment of up to 40 years. The Twenty-first Amendment to the constitution, passed by referendum in 2001, prohibits the reintroduction of the death penalty, even during a state of emergency or war. Capital punishment is also forbidden by several human rights treaties to which the state is a party.
The Emergency Powers Act 1939 (EPA) was an Act of the Oireachtas enacted on 3 September 1939, after an official state of emergency had been declared on 2 September 1939 in response to the outbreak of World War II. The Act empowered the government to:
make provisions for securing the public safety and the preservation of the state in time of war and, in particular, to make provision for the maintenance of public order and for the provision and control of supplies and services essential to the life of the community, and to provide for divers and other matters connected with the matters aforesaid.
The Constitution Act 1931, popularly called the Public Safety Act 1931, was an Act of the Oireachtas of the Irish Free State amending the Constitution of the Irish Free State. It inserted Article 2A which empowered the Executive Council to declare a state of emergency during which most provisions of the constitution could be suspended and extra security measures taken. These measures included the uses of the Constitution Tribunal, a military tribunal, to try civilians for political offences, granting extra powers of search and arrest to the Garda Síochána (police), and the prohibition of organisations deemed a threat to the state's security.
The Twenty-ninth Amendment of the Constitution Act 2011 is an amendment to the Constitution of Ireland which relaxes the previous prohibition on the reduction of the salaries of Irish judges. It was approved by a referendum on 27 October 2011 signed into law on 17 November 2011. It was held on the same day as a referendum on Oireachtas Inquiries, which was rejected, and the presidential election at which Michael D. Higgins was elected.
References
- ↑ Gerard Hogan and Gerry Whyte, J. M. Kelly: The Irish Constitution, 4th ed., Tottel Publishing, 2003, p. 396.
Oireachtas debates
| House | 1st stage | 2nd stage | Committee and final stage |
|---|---|---|---|
| Dáil | 2 Sept 1939 | 2 Sept 1939 | 2 Sept 1939 |
| Seanad | 2 Sept 1939 | 2 Sept 1939 |
First Amendment of the Constitution Bill 1939 on the Oireachtas Beta website
Legislation
- First Amendment of the Constitution Act 1939
- Full text of the Constitution of Ireland
- Emergency Powers Act 1939
- Emergency Powers (Amendment) Act 1940
- Emergency Powers (Amendment) (No. 2) Act 1940
- Emergency Powers (Continuance) Act 1940
- Emergency Powers (Continuance) Act 1941
- Emergency Powers (Continuance and Amendment) Act 1942
- Emergency Powers (Continuance) Act 1943
- Emergency Powers (Continuance) Act 1944
- Emergency Powers (Continuance and Amendment) Act 1945
- Emergency Powers Act 1976