Ireland 1937 (rev. 2012)

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.

THE NATION

ARTICLE 1

The Irish nation hereby affirms its inalienable, indefeasible, and sovereign right to choose its own form of Government, to determine its relations with other nations, and to develop its life, political, economic and cultural, in accordance with its own genius and traditions.

ARTICLE 2

It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish Nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.

ARTICLE 3

1. It is the firm will of the Irish Nation, in harmony and friendship, to unite all the people who share the territory of the island of Ireland, in all the diversity of their identities and traditions, recognising that a united Ireland shall be brought about only by peaceful means with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island. Until then, the laws enacted by the Parliament established by this Constitution shall have the like area and extent of application as the laws enacted by the Parliament that existed immediately before the coming into operation of this Constitution.
2. Institutions with executive powers and functions that are shared between those jurisdictions may be established by their respective responsible authorities for stated purposes and may exercise powers and functions in respect of all or any part of the island.

THE STATE

ARTICLE 4

The name of the State is Éire, or, in the English language, Ireland.

ARTICLE 5

Ireland is a sovereign, independent, democratic state.

ARTICLE 6

ARTICLE 7

The national flag is the tricolour of green, white and orange.

ARTICLE 8

1. The Irish language as the national language is the first official language.
2. The English language is recognised as a second official language.
3. 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.

ARTICLE 9

1

On the coming into operation of this Constitution any person who was a citizen of Saorstát Éireann immediately before the coming into operation of this Constitution shall become and be a citizen of Ireland.

2

1. Notwithstanding any other provision of this Constitution, a person born in the island of Ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law.
2. This section shall not apply to persons born before the date of the enactment of this section,

1. Fidelity to the nation and loyalty to the State are fundamental political duties of all citizens.

ARTICLE 10

1. All natural resources, including the air and all forms of potential energy, within the jurisdiction of the Parliament and Government established by this Constitution and all royalties and franchises within that jurisdiction belong to the State subject to all estates and interests therein for the time being lawfully vested in any person or body.
2. All land and all mines, minerals and waters which belonged to Saorstát Éireann immediately before the coming into operation of this Constitution belong to the State to the same extent as they then belonged to Saorstát Éireann.
3. Provision may be made by law for the management of the property which belongs to the State by virtue of this Article and for the control of the alienation, whether temporary or permanent, of that property.
4. Provision may also be made by law for the management of land, mines, minerals and waters acquired by the State after the coming into operation of this Constitution and for the control of the alienation, whether temporary or permanent, of the land, mines, minerals and waters so acquired.

ARTICLE 11

All revenues of the State from whatever source arising shall, subject to such exception as may be provided by law, form one fund, and shall be appropriated for the purposes and in the manner and subject to the charges and liabilities determined and imposed by law.

THE PRESIDENT

ARTICLE 12

1. There shall be a President of Ireland (Uachtarán na hÉireann), hereinafter called the President, who shall take precedence over all other persons in the State and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law.

2

3

4

1. not less than twenty persons, each of whom is at the time a member of one of the Houses of the Oireachtas, or
2. by the Councils of not less than four administrative Counties (including County Boroughs) as defined by law.

6

The President shall enter upon his office by taking and subscribing publicly, in the presence of members of both Houses of the Oireachtas, of Judges of the Supreme Court and of the High Court, and other public personages, the following declaration:

"In the presence of Almighty God I , do solemnly and sincerely promise and declare that I will maintain the Constitution of Ireland and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of Ireland. May God direct and sustain me."

10

1. The President may be impeached for stated misbehaviour.
2. The charge shall be preferred by either of the Houses of the Oireachtas, subject to and in accordance with the provisions of this section.
3. A proposal to either House of the Oireachtas to prefer a charge against the President under this section shall not be entertained unless upon a notice of motion in writing signed by not less than thirty members of that House.

11

ARTICLE 13

1

2

3

1. Every Bill passed or deemed to have been passed by both Houses of the Oireachtas shall require the signature of the President for its enactment into law.
2. The President shall promulgate every law made by the Oireachtas.

5

The exercise of the supreme command of the Defence Forces shall be regulated by law.

7

1. The President may, after consultation with the Council of State, communicate with the Houses of the Oireachtas by message or address on any matter of national or public importance.
2. The President may, after consultation with the Council of State, address a message to the Nation at any time on any such matter.
3. Every such message or address must, however, have received the approval of the Government.

8

ARTICLE 14

1. In the event of the absence of the President, or his temporary incapacity, or his permanent incapacity established as provided by section 3 of Article 12 hereof, or in the event of his death, resignation, removal from office, or failure to exercise and perform the powers and functions of his office or any of them, or at any time at which the office of President may be vacant, the powers and functions conferred on the President by or under this Constitution shall be exercised and performed by a Commission constituted as provided in section 2 of this Article.

2

1. The Commission shall consist of the following persons, namely, the Chief Justice, the Chairman of Dáil Éireann (An Ceann Comhairle), and the Chairman of Seanad Éireann.
2. The President of the High Court shall act as a member of the Commission in the place of the Chief Justice on any occasion on which the office of Chief Justice is vacant or on which the Chief Justice is unable to act.
3. The Deputy Chairman of Dáil Éireann shall act as a member of the Commission in the place of the Chairman of Dáil Éireann on any occasion on which the office of Chairman of Dáil Éireann is vacant or on which the said Chairman is unable to act.
4. The Deputy Chairman of Seanad Éireann shall act as a member of the Commission in the place of the Chairman of Seanad Éireann on any occasion on which the office of Chairman of Seanad Éireann is vacant or on which the said Chairman is unable to act.

5

1. The provisions of this Constitution which relate to the exercise and performance by the President of the powers and functions conferred on him by or under this Constitution shall subject to the subsequent provisions of this section apply to the exercise and performance of the said powers and functions under this Article.
2. In the event of the failure of the President to exercise or perform any power or function which the President is by or under this Constitution required to exercise or perform within a specified time, the said power or function shall be exercised or performed under this Article, as soon as may be after the expiration of the time so specified.

THE NATIONAL PARLIAMENT

CONSTITUTION AND POWERS

ARTICLE 15

1

The National Parliament shall be called and known, and is in this Constitution generally referred to, as the Oireachtas.

2

1. The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State.
2. Provision may however be made by law for the creation or recognition of subordinate legislatures and for the powers and functions of these legislatures.

3

1. The Oireachtas may provide for the establishment or recognition of functional or vocational councils representing branches of the social and economic life of the people.
2. A law establishing or recognising any such council shall determine its rights, powers and duties, and its relation to the Oireachtas and to the Government.

4

1. The Oireachtas shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof.
2. Every law enacted by the Oireachtas which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid.

5

6

1. The right to raise and maintain military or armed forces is vested exclusively in the Oireachtas.
2. No military or armed force, other than a military or armed force raised and maintained by the Oireachtas, shall be raised or maintained for any purpose whatsoever.

1. The Oireachtas shall hold at least one session every year.

8

9

11

1. All questions in each House shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present and voting other than the Chairman or presiding member.
2. The Chairman or presiding member shall have and exercise a casting vote in the case of an equality of votes.

DÁIL ÉIREANN

ARTICLE 16

1

1. All citizens, and
2. such other persons in the State as may be determined by law,

without distinction of sex who have reached the age of eighteen years who are not disqualified by law and comply with the provisions of the law relating to the election of members of Dáil Éireann, shall have the right to vote at an election for members of Dáil Éireann.

2

1. Dáil Éireann shall be composed of members who represent constituencies determined by law.
2. The number of members shall from time to time be fixed by law, but the total number of members of Dáil Éireann shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population.

3

1. Dáil Éireann shall be summoned and dissolved as provided by section 2 of Article 13 of this Constitution.
2. A general election for members of Dáil Éireann shall take place not later than thirty days after a dissolution of Dáil Éireann.

4

1. Polling at every general election for Dáil Éireann shall as far as practicable take place on the same day throughout the country.
2. Dáil Éireann shall meet within thirty days from that polling day.

ARTICLE 17

1

1. As soon as possible after the presentation to Dáil Éireann under Article 28 of this Constitution of the Estimates of receipts and the Estimates of expenditure of the State for any financial year, Dáil Éireann shall consider such Estimates.
2. Save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the Financial Resolutions of each year shall be enacted within that year.

1. Dáil Éireann shall not pass any vote or resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys unless the purpose of the appropriation shall have been recommended to Dáil Éireann by a message from the Government signed by the Taoiseach.

SEANAD ÉIREANN

ARTICLE 18

4

1. The elected members of Seanad Éireann shall be elected as follows:
   1. Three shall be elected by the National University of Ireland.
   2. Three shall be elected by the University of Dublin.
   3. Forty-three shall be elected from panels of candidates constituted as hereinafter provided.
   1. the universities mentioned in subsection 1° of this section,
   2. any other institutions of higher education in the State,

   of so many members of Seanad Éireann as may be fixed by law in substitution for an equal number of the members to be elected pursuant to paragraphs i and ii of the said subsection 1°.

   A member or members of Seanad Éireann may be elected under this subsection by institutions grouped together or by a single institution.

   7

   1. Before each general election of the members of Seanad Éireann to be elected from panels of candidates, five panels of candidates shall be formed in the manner provided by law containing respectively the names of persons having knowledge and practical experience of the following interests and services, namely:
      1. National Language and Culture, Literature, Art, Education and such professional interests as may be defined by law for the purpose of this panel;
      2. Agriculture and allied interests, and Fisheries;
      3. Labour, whether organised or unorganised;
      4. Industry and Commerce, including banking, finance, accountancy, engineering and architecture;
      5. Public Administration and social services, including voluntary social activities.

      10

      1. Subject to the foregoing provisions of this Article elections of the elected members of Seanad Éireann shall be regulated by law.
      2. Casual vacancies in the number of the nominated members of Seanad Éireann shall be filled by nomination by the Taoiseach with the prior consent of persons so nominated.
      Replacement of legislators

      ARTICLE 19

      Provision may be made by law for the direct election by any functional or vocational group or association or council of so many members of Seanad Éireann as may be fixed by such law in substitution for an equal number of the members to be elected from the corresponding panels of candidates constituted under Article 18 of this Constitution.

      LEGISLATION

      Division of labor between chambers , Initiation of general legislation

      ARTICLE 20

      1. Every Bill initiated in and passed by Dáil Éireann shall be sent to Seanad Éireann and may, unless it be a Money Bill, be amended in Seanad Éireann and Dáil Éireann shall consider any such amendment.

      2

      1. A Bill other than a Money Bill may be initiated in Seanad Éireann, and if passed by Seanad Éireann, shall be introduced in Dáil Éireann.
      2. A Bill initiated in Seanad Éireann if amended in Dáil Éireann shall be considered as a Bill initiated in Dáil Éireann.

      Money Bills

      Finance bills , First chamber reserved policy areas , Tax bills

      ARTICLE 21

      1

      1. Money Bills shall be initiated in Dáil Éireann only.
      2. Every Money Bill passed by Dáil Éireann shall be sent to Seanad Éireann for its recommendations.

      2

      1. Every Money Bill sent to Seanad Éireann for its recommendations shall, at the expiration of a period not longer than twenty-one days after it shall have been sent to Seanad Éireann, be returned to Dáil Éireann, which may accept or reject all or any of the recommendations of Seanad Éireann.
      2. If such Money Bill is not returned by Seanad Éireann to Dáil Éireann within such twenty-one days or is returned within such twenty-one days with recommendations which Dáil Éireann does not accept, it shall be deemed to have been passed by both Houses at the expiration of the said twenty-one days.
      Finance bills

      ARTICLE 22

      1

      1. A Money Bill means a Bill which contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on public moneys or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; matters subordinate and incidental to these matters or any of them.
      2. In this definition the expressions taxation, public money and loan respectively do not include any taxation, money or loan raised by local authorities or bodies for local purposes.
      Legislative committees

      2

      1. The Chairman of Dáil Éireann shall certify any Bill which, in his opinion, is a Money Bill to be a Money Bill, and his certificate shall, subject to the subsequent provisions of this section, be final and conclusive.
      2. Seanad Éireann, by a resolution, passed at a sitting at which not less than thirty members are present, may request the President to refer the question whether the Bill is or is not a Money Bill to a Committee of Privileges.
      3. If the President after consultation with the Council of State decides to accede to the request he shall appoint a Committee of Privileges consisting of an equal number of members of Dáil Éireann and of Seanad Éireann and a Chairman who shall be a Judge of the Supreme Court: these appointments shall be made after consultation with the Council of State. In the case of an equality of votes but not otherwise the Chairman shall be entitled to vote.
      4. The President shall refer the question to the Committee of Privileges so appointed and the Committee shall report its decision thereon to the President within twenty-one days after the day on which the Bill was sent to Seanad Éireann.
      5. The decision of the Committee shall be final and conclusive.
      6. If the President after consultation with the Council of State decides not to accede to the request of Seanad Éireann, or if the Committee of Privileges fails to report within the time hereinbefore specified the certificate of the Chairman of Dáil Éireann shall stand confirmed.

      Time for Consideration of Bills

      ARTICLE 23

      1. This Article applies to every Bill passed by Dáil Éireann and sent to Seanad Éireann other than a Money Bill or a Bill the time for the consideration of which by Seanad Éireann shall have been abridged under Article 24 of this Constitution.
         1. Whenever a Bill to which this Article applies is within the stated period defined in the next following sub-section either rejected by Seanad Éireann or passed by Seanad Éireann with amendments to which Dáil Éireann does not agree or is neither passed (with or without amendment) nor rejected by Seanad Éireann within the stated period, the Bill shall, if Dáil Éireann so resolves within one hundred and eighty days after the expiration of the stated period be deemed to have been passed by both Houses of the Oireachtas on the day on which the resolution is passed.
         2. The stated period is the period of ninety days commencing on the day on which the Bill is first sent by Dáil Éireann to Seanad Éireann or any longer period agreed upon in respect of the Bill by both Houses of the Oireachtas.

         2

         1. The preceding section of this Article shall apply to a Bill which is initiated in and passed by Seanad Éireann, amended by Dáil Éireann, and accordingly deemed to have been initiated in Dáil Éireann.
         2. For the purpose of this application the stated period shall in relation to such a Bill commence on the day on which the Bill is first sent to Seanad Éireann after having been amended by Dáil Éireann.
         Approval or veto of general legislation

         ARTICLE 24

         1. If and whenever on the passage by Dáil Éireann of any Bill, other than a Bill expressed to be a Bill containing a proposal to amend the Constitution, the Taoiseach certifies by messages in writing addressed to the President and to the Chairman of each House of the Oireachtas that, in the opinion of the Government, the Bill is urgent and immediately necessary for the preservation of the public peace and security, or by reason of the existence of a public emergency, whether domestic or international, the time for the consideration of such Bill by Seanad Éireann shall, if Dáil Éireann so resolves and if the President, after consultation with the Council of State, concurs, be abridged to such period as shall be specified in the resolution.
         2. Where a Bill, the time for the consideration of which by Seanad Éireann has been abridged under this Article,
            1. is, in the case of a Bill which is not a Money Bill, rejected by Seanad Éireann or passed by Seanad Éireann with amendments to which Dáil Éireann does not agree or neither passed nor rejected by Seanad Éireann, or
            2. is, in the case of a Money Bill, either returned by Seanad Éireann to Dáil Éireann with recommendations which Dáil Éireann does not accept or is not returned by Seanad Éireann to Dáil Éireann,

            within the period specified in the resolution, the Bill shall be deemed to have been passed by both Houses of the Oireachtas at the expiration of that period.

            Signing and Promulgation of Laws

            Approval or veto of general legislation

            ARTICLE 25

            1. As soon as any Bill, other than a Bill expressed to be a Bill containing a proposal for the amendment of this Constitution, shall have been passed or deemed to have been passed by both Houses of the Oireachtas, the Taoiseach shall present it to the President for his signature and for promulgation by him as a law in accordance with the provisions of this Article.

            2

            1. Save as otherwise provided by this Constitution, every Bill so presented to the President for his signature and for promulgation by him as a law shall be signed by the President not earlier than the fifth and not later than the seventh day after the date on which the Bill shall have been presented to him.
            2. At the request of the Government, with the prior concurrence of Seanad Éireann, the President may sign any Bill the subject of such request on a date which is earlier than the fifth day after such date as aforesaid.

            4

            1. Every Bill shall become and be law as on and from the day on which it is signed by the President under this Constitution, and shall, unless the contrary intention appears, come into operation on that day.
            2. Every Bill signed by the President under this Constitution shall be promulgated by him as a law by the publication by his direction of a notice in the Iris Oifigiúil stating that the Bill has become law.
            3. Every Bill shall be signed by the President in the text in which it was passed or deemed to have been passed by both Houses of the Oireachtas, and if a Bill is so passed or deemed to have been passed in both the official languages, the President shall sign the text of the Bill in each of those languages.
            4. Where the President signs the text of a Bill in one only of the official languages, an official translation shall be issued in the other official language.
            5. As soon as may be after the signature and promulgation of a Bill as a law, the text of such law which was signed by the President or, where the President has signed the text of such law in each of the official languages, both the signed texts shall be enrolled for record in the office of the Registrar of the Supreme Court, and the text, or both the texts, so enrolled shall be conclusive evidence of the provisions of such law.
            6. In case of conflict between the texts of a law enrolled under this section in both the official languages, the text in the national language shall prevail.

            5

            1. It shall be lawful for the Taoiseach, from time to time as occasion appears to him to require, to cause to be prepared under his supervision a text (in both the official languages) of this Constitution as then in force embodying all amendments theretofore made therein.
            2. A copy of every text so prepared, when authenticated by the signatures of the Taoiseach and the Chief Justice, shall be signed by the President and shall be enrolled for record in the office of the Registrar of the Supreme Court.
            3. The copy so signed and enrolled which is for the time being the latest text so prepared shall, upon such enrolment, be conclusive evidence of this Constitution as at the date of such enrolment and shall for that purpose supersede all texts of this Constitution of which copies were so enrolled.
            4. In case of conflict between the texts of any copy of this Constitution enrolled under this section, the text in the national language shall prevail.

            Reference of Bills to the Supreme Court

            Constitutionality of legislation

            ARTICLE 26

            This Article applies to any Bill passed or deemed to have been passed by both Houses of the Oireachtas other than a Money Bill, or a Bill expressed to be a Bill containing a proposal to amend the Constitution, or a Bill the time for the consideration of which by Seanad Éireann shall have been abridged under Article 24 of this Constitution.

            1

            Constitutional interpretation

            2

            Number of supreme court judges

            3

            1. In every case in which the Supreme Court decides that any provision of a Bill the subject of a reference to the Supreme Court under this Article is repugnant to this Constitution or to any provision thereof, the President shall decline to sign such Bill.
            2. If, in the case of a Bill to which Article 27 of this Constitution applies, a petition has been addressed to the President under that Article, that Article shall be complied with.
            3. In every other case the President shall sign the Bill as soon as may be after the date on which the decision of the Supreme Court shall have been pronounced.

            Reference of Bills to the People

            ARTICLE 27

            This Article applies to any Bill, other than a Bill expressed to be a Bill containing a proposal for the amendment of this Constitution, which shall have been deemed, by virtue of Article 23 hereof, to have been passed by both Houses of the Oireachtas.

            1. A majority of the members of Seanad Éireann and not less than one-third of the members of Dáil Éireann may by a joint petition addressed to the President by them under this Article request the President to decline to sign and promulgate as a law any Bill to which this article applies on the ground that the Bill contains a proposal of such national importance that the will of the people thereon ought to be ascertained.
            2. Every such petition shall be in writing and shall be signed by the petitioners whose signatures shall be verified in the manner prescribed by law.
            3. Every such petition shall contain a statement of the particular ground or grounds on which the request is based, and shall be presented to the President not later than four days after the date on which the Bill shall have been deemed to have been passed by both Houses of the Oireachtas.

            4

            1. Upon receipt of a petition addressed to him under this Article, the President shall forthwith consider such petition and shall, after consultation with the Council of State, pronounce his decision thereon not later than ten days after the date on which the Bill to which such petition relates shall have been deemed to have been passed by both Houses of the Oireachtas.
            2. If the Bill or any provision thereof is or has been referred to the Supreme Court under Article 26 of this Constitution, it shall not be obligatory on the President to consider the petition unless or until the Supreme Court has pronounced a decision on such reference to the effect that the said Bill or the said provision thereof is not repugnant to this Constitution or to any provision thereof, and, if a decision to that effect is pronounced by the Supreme Court, it shall not be obligatory on the President to pronounce his decision on the petition before the expiration of six days after the day on which the decision of the Supreme Court to the effect aforesaid is pronounced.

            5

            1. In every case in which the President decides that a Bill the subject of a petition under this Article contains a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the Taoiseach and the Chairman of each House of the Oireachtas accordingly in writing under his hand and Seal and shall decline to sign and promulgate such Bill as a law unless and until the proposal shall have been approved either
               1. by the people at a Referendum in accordance with the provisions of section 2 of Article 47 of this Constitution within a period of eighteen months from the date of the President's decision, or
               2. by a resolution of Dáil Éireann passed within the said period after a dissolution and re-assembly of Dáil Éireann.

               THE GOVERNMENT

               Establishment of cabinet/ministers , Head of government replacement

               ARTICLE 28

               1. The Government shall consist of not less than seven and not more than fifteen members who shall be appointed by the President in accordance with the provisions of this Constitution.
               2. The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government.

               3

               Power to declare/approve war Emergency provisions , Designation of commander in chief

               4

               Legislative oversight of the executive Cabinet removal
               1. in the interests of the administration of justice by a Court, or
               2. by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Minister of the Government on the authority of the Houses of the Oireachtas to inquire into a matter stated by them to be of public importance.
               Powers of cabinet

               5

               Name/structure of executive(s) Deputy executive

               6

               1. The Taoiseach shall nominate a member of the Government to be the Tánaiste.
               2. The Tánaiste shall act for all purposes in the place of the Taoiseach if the Taoiseach should die, or become permanently incapacitated, until a new Taoiseach shall have been appointed.
               3. The Tánaiste shall also act for or in the place of the Taoiseach during the temporary absence of the Taoiseach.
               Eligibility for cabinet

               7

               Head of government's role in the legislature

               9

               1. The Taoiseach may resign from office at any time by placing his resignation in the hands of the President.
               2. Any other member of the Government may resign from office by placing his resignation in the hands of the Taoiseach for submission to the President.
               3. The President shall accept the resignation of a member of the Government, other than the Taoiseach, if so advised by the Taoiseach.
               4. The Taoiseach may at any time, for reasons which to him seem sufficient, request a member of the Government to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the Taoiseach so advises.
               Head of government removal

               11

               1. If the Taoiseach at any time resigns from office the other members of the Government shall be deemed also to have resigned from office, but the Taoiseach and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed.
               2. The members of the Government in office at the date of a dissolution of Dáil Éireann shall continue to hold office until their successors shall have been appointed.

               LOCAL GOVERNMENT

               ARTICLE 28A

               1. The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities.
               2. There shall be such directly elected local authorities as may be determined by law and their powers and functions shall, subject to the provisions of this Constitution, be so determined and shall be exercised and performed in accordance with law.
               3. Elections for members of such local authorities shall be held in accordance with law not later than the end of the fifth year after the year in which they were last held.
               4. Every citizen who has the right to vote at an election for members of Dáil Éireann and such other persons as may be determined by law shall have the right to vote at an election for members of such of the local authorities referred to in section 2 of this Article as shall be determined by law.
               5. Casual vacancies in the membership of local authorities referred to in section 2 of this Article shall be filled in accordance with law.

               INTERNATIONAL RELATIONS

               International organizations , Treaty ratification , International law

               ARTICLE 29

               1. Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.
               2. Ireland affirms its adherence to the principle of the pacific settlement of international disputes by international arbitration or judicial determination.
               Customary international law Regional group(s)

               4

               Foreign affairs representative
               1. the said European Union or the European Atomic Energy Community, or institutions thereof,
               2. the European Communities or European Union existing immediately before the entry into force of the Treaty of Lisbon, or institutions thereof, or
               3. bodies competent under the treaties referred to in this section,

               from having the force of law in the State.

               1. to which Article 20 of the Treaty on European Union relating to enhanced cooperation applies,
               2. under Protocol No. 19 on the Schengen acquis integrated into the framework of the European Union annexed to that treaty and to the Treaty on the Functioning of the European Union (formerly known as the Treaty establishing the European Community), and
               3. under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, so annexed, including the option that the said Protocol No. 21 shall, in whole or in part, cease to apply to the State,

               but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.

               1. under the Treaty on European Union and the Treaty on the Functioning of the European Union authorising the Council of the European Union to act other than by unanimity,
               2. under those treaties authorising the adoption of the ordinary legislative procedure, and
               3. under subparagraph (d) of Article 82.2, the third subparagraph of Article 83.1 and paragraphs 1 and 4 of Article 86 of the Treaty on the Functioning of the European Union, relating to the area of freedom, security and justice,

               but the agreement to any such decision, regulation or act shall be subject to the prior approval of both Houses of the Oireachtas.

               5

               1. Every international agreement to which the State becomes a party shall be laid before Dáil Éireann.
               2. The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann.
               3. This section shall not apply to agreements or conventions of a technical and administrative character.
               Legal status of treaties

               7

               1. The State may consent to be bound by the British-Irish Agreement done at Belfast on the 10th day of April, 1998, hereinafter called the Agreement.
               2. Any institution established by or under the Agreement may exercise the powers and functions thereby conferred on it in respect of all or any part of the island of Ireland notwithstanding any other provision of this Constitution conferring a like power or function on any person or any organ of State appointed under or created or established by or under this Constitution. Any power or function conferred on such an institution in relation to the settlement or resolution of disputes or controversies may be in addition to or in substitution for any like power or function conferred by this Constitution on any such person or organ of State as aforesaid.
               Regional group(s)

               THE ATTORNEY GENERAL

               Attorney general

               ARTICLE 30

               1. There shall be an Attorney General who shall be the adviser of the Government in matters of law and legal opinion, and shall exercise and perform all such powers, functions and duties as are conferred or imposed on him by this Constitution or by law.
               2. The Attorney General shall be appointed by the President on the nomination of the Taoiseach.
               3. All crimes and offences prosecuted in any court constituted under Article 34 of this Constitution other than a court of summary jurisdiction shall be prosecuted in the name of the People and at the suit of the Attorney General or some other person authorised in accordance with law to act for that purpose.
               4. The Attorney General shall not be a member of the Government.

               5

               1. The Attorney General may at any time resign from office by placing his resignation in the hands of the Taoiseach for submission to the President.
               2. The Taoiseach may, for reasons which to him seem sufficient, request the resignation of the Attorney General.
               3. In the event of failure to comply with the request, the appointment of the Attorney General shall be terminated by the President if the Taoiseach so advises.
               4. The Attorney General shall retire from office upon the resignation of the Taoiseach, but may continue to carry on his duties until the successor to the Taoiseach shall have been appointed.

               THE COUNCIL OF STATE

               Advisory bodies to the head of state

               ARTICLE 31

               1. There shall be a Council of State to aid and counsel the President on all matters on which the President may consult the said Council in relation to the exercise and performance by him of such of his powers and functions as are by this Constitution expressed to be exercisable and performable after consultation with the Council of State, and to exercise such other functions as are conferred on the said Council by this Constitution.
               2. The Council of State shall consist of the following members:
                  1. As ex-officio members: the Taoiseach, the Tánaiste, the Chief Justice, the President of the High Court, the Chairman of Dáil Éireann, the Chairman of Seanad Éireann, and the Attorney General.
                  2. Every person able and willing to act as a member of the Council of State who shall have held the office of President, or the office of Taoiseach, or the office of Chief Justice, or the office of President of the Executive Council of Saorstát Éireann.
                  3. Such other persons, if any, as may be appointed by the President under this Article to be members of the Council of State.
                  Oaths to abide by constitution , God or other deities

                  Every member of the Council of State shall at the first meeting thereof which he attends as a member take and subscribe a declaration in the following form:

                  "In the presence of Almighty God I do solemnly and sincerely promise and declare that I will faithfully and conscientiously fulfil my duties as a member of the Council of State."

                  ARTICLE 32

                  The President shall not exercise or perform any of the powers or functions which are by this Constitution expressed to be exercisable or performable by him after consultation with the Council of State unless, and on every occasion before so doing, he shall have convened a meeting of the Council of State and the members present at such meeting shall have been heard by him.

                  THE COMPTROLLER AND AUDITOR GENERAL

                  ARTICLE 33

                  1. There shall be a Comptroller and Auditor General to control on behalf of the State all disbursements and to audit all accounts of moneys administered by or under the authority of the Oireachtas.
                  2. The Comptroller and Auditor General shall be appointed by the President on the nomination of Dáil Éireann.
                  3. The Comptroller and Auditor General shall not be a member of either House of the Oireachtas and shall not hold any other office or position of emolument.
                  4. The Comptroller and Auditor General shall report to Dáil Éireann at stated periods as determined by law.

                  5

                  1. The Comptroller and Auditor General shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.
                  2. The Taoiseach shall duly notify the President of any such resolutions as aforesaid passed by Dáil Éireann and by Seanad Éireann and shall send him a copy of each such resolution certified by the Chairman of the House of the Oireachtas by which it shall have been passed.
                  3. Upon receipt of such notification and of copies of such resolutions, the President shall forthwith, by an order under his hand and Seal, remove the Comptroller and Auditor General from office.

                  THE COURTS

                  Structure of the courts

                  ARTICLE 34

                  1. Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public.
                  2. The Courts shall comprise Courts of First Instance and a Court of Final Appeal.

                  3

                  1. The Courts of First Instance shall include a High Court invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal.
                  2. Save as otherwise provided by this Article, the jurisdiction of the High Court shall extend to the question of the validity of any law having regard to the provisions of this Constitution, and no such question shall be raised (whether by pleading, argument or otherwise) in any Court established under this or any other Article of this Constitution other than the High Court or the Supreme Court.
                  3. No Court whatever shall have jurisdiction to question the validity of a law, or any provision of a law, the Bill for which shall have been referred to the Supreme Court by the President under Article 26 of this Constitution, or to question the validity of a provision of a law where the corresponding provision in the Bill for such law shall have been referred to the Supreme Court by the President under the said Article 26.
                  4. The Courts of First Instance shall also include Courts of local and limited jurisdiction with a right of appeal as determined by law.

                  4

                  1. The Court of Final Appeal shall be called the Supreme Court.
                  2. The president of the Supreme Court shall be called the Chief Justice.
                  Right to appeal judicial decisions Supreme court opinions

                  5

                  Oaths to abide by constitution , God or other deities

                  Every person appointed a judge under this Constitution shall make and subscribe the following declaration:

                  "In the presence of Almighty God I do solemnly and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office of Chief Justice (or as the case may be) without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me."

                  ARTICLE 35

                  Ordinary court selection , Supreme court selection Judicial independence Supreme/ordinary court judge removal

                  4

                  1. A judge of the Supreme Court or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.
                  2. The Taoiseach shall duly notify the President of any such resolutions passed by Dáil Éireann and by Seanad Éireann, and shall send him a copy of every such resolution certified by the Chairman of the House of the Oireachtas by which it shall have been passed.
                  3. Upon receipt of such notification and of copies of such resolutions, the President shall forthwith, by an order under his hand and Seal, remove from office the judge to whom they relate.
                  Protection of judges' salaries

                  5

                  1. The remuneration of judges shall not be reduced during their continuance in office save in accordance with this section.
                  2. The remuneration of judges is subject to the imposition of taxes, levies or other charges that are imposed by law on persons generally or persons belonging to a particular class.
                  3. Where, before or after the enactment of this section, reductions have been or are made by law to the remuneration of persons belonging to classes of persons whose remuneration is paid out of public money and such law states that those reductions are in the public interest, provision may also be made by law to make proportionate reductions to the remuneration of judges.
                  Mandatory retirement age for judges

                  ARTICLE 36

                  Subject to the foregoing provisions of this Constitution relating to the Courts, the following matters shall be regulated in accordance with law, that is to say:

                  1. the number of judges of the Supreme Court, and of the High Court, the remuneration, age of retirement and pensions of such judges,
                  2. the number of the judges of all other Courts, and their terms of appointment, and
                  3. the constitution and organization of the said Courts, the distribution of jurisdiction and business among the said Courts and judges, and all matters of procedure.

                  ARTICLE 37

                  1. Nothing in this Constitution shall operate to invalidate the exercise of limited functions and powers of a judicial nature, in matters other than criminal matters, by any person or body of persons duly authorised by law to exercise such functions and powers, notwithstanding that such person or such body of persons is not a judge or a court appointed or established as such under this Constitution.
                  2. No adoption of a person taking effect or expressed to take effect at any time after the coming into operation of this Constitution under laws enacted by the Oireachtas and being an adoption pursuant to an order made or an authorisation given by any person or body of persons designated by those laws to exercise such functions and powers was or shall be invalid by reason only of the fact that such person or body of persons was not a judge or a court appointed or established as such under this Constitution.

                  TRIAL OF OFFENCES

                  ARTICLE 38

                  Principle of no punishment without law

                  3

                  1. Special courts may be established by law for the trial of offences in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order.
                  2. The constitution, powers, jurisdiction and procedure of such special courts shall be prescribed by law.

                  4

                  Establishment of military courts Jury trials required

                  ARTICLE 39

                  Treason shall consist only in levying war against the State, or assisting any State or person or inciting or conspiring with any person to levy war against the State, or attempting by force of arms or other violent means to overthrow the organs of government established by this Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt.

                  FUNDAMENTAL RIGHTS

                  PERSONAL RIGHTS

                  ARTICLE 40

                  General guarantee of equality All citizens shall, as human persons, be held equal before the law.

                  This shall not be held to mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function.

                  Mentions of social class

                  2

                  1. Titles of nobility shall not be conferred by the State.
                  2. No title of nobility or of honour may be accepted by any citizen except with the prior approval of the Government.

                  3

                  1. The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen.
                  2. The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen.
                  Freedom of movement , Right to life

                  The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

                  This subsection shall not limit freedom to travel between the State and another state.

                  This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.

                  4

                  No citizen shall be deprived of his personal liberty save in accordance with law.
                  Protection from unjustified restraint

                  6

                  The State guarantees liberty for the exercise of the following rights, subject to public order and morality:

                  Freedom of press , Freedom of expression , Radio , Television , Freedom of opinion/thought/conscience

                  The right of the citizens to express freely their convictions and opinions.

                  The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State.

                  The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.

                  Freedom of assembly The right of the citizens to assemble peaceably and without arms.

                  Provision may be made by law to prevent or control meetings which are determined in accordance with law to be calculated to cause a breach of the peace or to be a danger or nuisance to the general public and to prevent or control meetings in the vicinity of either House of the Oireachtas.

                  Freedom of association , Right to join trade unions The right of the citizens to form associations and unions.

                  Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right.