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BUNREACHT NA hÉIREANN


CONSTITUTION OF IRELAND
Enacted by the People 1st July, 1937

In operation as from 29th December, 1937


This text of the Constitution is a copy of the text
enrolled on 27 May, 1999 pursuant to Article 25.5.2°
except that:

the Transitory Provisions (Articles 51-63) are omitted as
required by their terms; the Irish text has been altered
so as to make it conform to modern standardized Irish;
the twentieth amendment, enacted subsequent to
enrolment, is incorporated; the new Articles 2 and 3 and
the new section 8 in Article 29 are inserted pursuant to
the provisions of the Nineteenth Amendment of the
Constitution Act, 1998; the twenty-first, twenty-third,
twenty-sixth and twenty-seventh amendments, enacted
subsequent to enrolment have now been incorporated.
Amendments effected since the Constitution was
enacted in 1937 up to the time of printing of this edition
(November 2004) are listed below.



AMENDING ACTS

SHORT TITLE

DATES OF SIGNATURE

First Amendment of the Constitution Act,
1939
[Extended to conflicts in which the State
is not a participant the provision for a
state of emergency to secure the public
safety and preservation of the State
in time of war or armed rebellion.]

2 September, 1939

Second Amendment of the Constitution
Act, 1941
[An omnibus proposal, covering a range
of disparate Articles, aimed at
tidying up the Constitution in the light of
experience since its enactment.]

30 May, 1941

Third Amendment of the Constitution Act,
1972
[Allowed the State to become a member
of the European Communities.]

8 June, 1972

Fourth Amendment of the Constitution
Act, 1972
[Reduced the minimum voting age at Dáil
and Presidential elections
and referendums from 21 years to 18
years.]


5 January, 1973


Fifth Amendment of the Constitution Act,
1972
[Removed from the Constitution the
special position of the Catholic
Church and the recognition of other
named religious denominations.]


5 January, 1973


Sixth Amendment of the Constitution
(Adoption) Act, 1979
[Ensured that adoption orders made by
the Adoption Board could
not be declared invalid because they
were not made by a court.]


3 August, 1979



Seventh Amendment of the Constitution
(Election of Members of Seanad Éireann
by Institutions of Higher Education) Act,
1979
[Provided for the election of members of
Seanad Éireann by universities
and other institutions of higher
education.]

3 August, 1979


Eighth Amendment of the Constitution
Act, 1983
[Acknowledged the right to life of the
unborn, with due regard to the
equal right to life of the mother.]


7 October, 1983


Ninth Amendment of the Constitution
Act, 1984
[Extended the right to vote at Dáil
elections to certain non-Irish nationals.]


2 August, 1984


Tenth Amendment of the Constitution
Act, 1987
[Allowed the State to ratify the Single
European Act.]


22 June, 1987


Eleventh Amendment of the Constitution
Act, 1992
[Allowed the State to ratify the Treaty on
European Union (Maastricht)
and to become a member of that union.]


16 July, 1992


There is no Twelfth Amendment. On 25 November 1992, three
proposals were put to the people, the Twelfth, Thirteenth and
Fourteenth Amendments. The people rejected the Twelfth (which
dealt with the right to life of the unborn) and approved the
Thirteenth and Fourteenth (below).


Thirteenth Amendment of the
Constitution Act, 1992
[Provided that Article 40.3.3° (the right
to life of the unborn) would not limit
freedom to travel between Ireland and
another state]


23 December, 1992




Fourteenth Amendment of the
Constitution Act, 1992
[ Provided that Article 40.3.3° ( the right
to life of the unborn) would not limit
freedom to obtain or make available
information relating to services lawfully
available in another state.]


23 December, 1992


Fifteenth Amendment of the Constitution
Act, 1995
[ Provided for the dissolution of marriage
in certain specified circumstances.]


17 June 1996


Sixteenth Amendment of the Constitution
Act, 1996
[Provided for the refusal to bail by a
court to a person charged with a serious
offence where it is reasonably considered
necessary to prevent the commission of a
serious offence by that person.]


12 December, 1996


Seventeenth Amendment of the
Constitution Act, 1997
[Provided that the confidentiality of
discussions at meetings of the
Government would be respected save
only where the High Court, in certain
specified circumstances, determined that
disclosure should be made]


14 November, 1997


Eighteenth Amendment of the
Constitution Act, 1998
[Allowed the State to ratify the Treaty of
Amsterdam.]


3 June, 1998


Nineteenth Amendment of the
Constitution Act, 1998
[Allowed the State to consent to be
bound by the British-Irish Agreement
done at Belfast on 10 April 1998 and
provided that certain further
amendments to the Constitution, notably
to Articles 2 and 3, would come into


3 June, 1998




effect when that agreement entered into
force.]


Twentieth Amendment of the Constitution
Act, 1999
[Provided constitutional recognition of
the role of local government and that
local elections are held at least every five
years.]


23 June, 1999



Twenty-first Amendment of the
Constitution Act, 2001 [Prohibition of
death penalty and removal of references
to death penalty]





27 March, 2002



There is no Twenty–second Amendment
of the Constitution. The Twenty–second
Amendment of the Constitution Bill, 2001
[relating to the removal of a judge from
office and providing for a body to be
established by law to investigate or cause
to be investigated conduct constituting
misbehaviour by a judge or affected by
incapacity of a judge] was not passed by
the Houses of the Oireachtas.









Twenty–third Amendment of the
Constitution Act, 2001 [Allowing the
State to ratify the Rome Statute of the
International Criminal Court].





27 March, 2002



There is no Twenty-fourth Amendment of
the Constitution . On 7 June, 2001, three
proposals were put to the people, the
Twenty-first, Twenty-third and Twenty-
fourth Amendments. The people rejected
the Twenty-fourth (which dealt with the
Treaty of Nice) and approved the
Twenty-first and Twenty-third (above).










There is no Twenty-fifth Amendment. On
6 March, 2002, a proposal for the
Twenty-fifth Amendment to the
Constitution was put to the people and
was rejected [Protection of Pregnancy in
Human Life].



Twenty-sixth Amendment of the
Constitution Act, 2002. [Allowed the
State to ratify the Treaty of Nice].



7 November, 2002





Twenty-seventh Amendment of the

Constitution Act, 2004.[Irish citizenship

of children of non-national parents] 24 June, 2004




Contents

ARTICLES





Preamble

1-3

The Nation

4-11

The State

12-14

The President

15-27

The National Parliament

15
16-17
18-19
20-27

Constitution and Powers
Dáil Éireann
Seanad Éireann
Legislation

28

The Government

28A

Local Government

29

International Relations

30

The Attorney General

31-32

The Council of State

33

The Comptroller and Auditor General

34-37

The Courts

38-39

Trial Of Offences

40-44

Fundamental Rights

40
41
42
43
44

Personal Rights
The Family
Education
Private Property
Religion

45

Directive Principles of Social Policy

46

Amendment of the Constitution

47

The Referendum

48-50

Repeal of Constitution of Saorstát
Éireann and Continuance of Laws




CONSTITUTION OF IRELAND




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.


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

1. All powers of government, legislative, executive and judicial,
derive, under God, from the people, whose right it is to
designate the rulers of the State and, in final appeal, to
decide all questions of national policy, according to the
requirements of the common good.
2. These powers of government are exercisable only by or on the
authority of the organs of State established by this
Constitution.


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. 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° The future acquisition and loss of Irish nationality
and citizenship shall be determined in accordance with
law.

3° No person may be excluded from Irish nationality
and citizenship by reason of the sex of such person.




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.


3. 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. 1° The President shall be elected by direct vote of the people.
2° Every citizen who has the right to vote at an election
for members of Dáil Éireann shall have the right to vote
at an election for President.

3° The voting shall be by secret ballot and on the
system of proportional representation by means of the
single transferable vote.


3. 1° The President shall hold office for seven years from the
date upon which he enters upon his office, unless before the
expiration of that period he dies, or resigns, or is removed
from office, or becomes permanently incapacitated, such
incapacity being established to the satisfaction of the
Supreme Court consisting of not less than five judges.
2° A person who holds, or who has held, office as
President, shall be eligible for re-election to that office
once, but only once.

3° An election for the office of President shall be held
not later than, and not earlier than the sixtieth day
before, the date of the expiration of the term of office of
every President, but in the event of the removal from
office of the President or of his death, resignation, or
permanent incapacity established as aforesaid (whether
occurring before or after he enters upon his office), an
election for the office of President shall be held within
sixty days after such event.


4. 1° Every citizen who has reached his thirty-fifth year of age is
eligible for election to the office of President.
2° Every candidate for election, not a former or retiring
President, must be nominated either by:


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


3° No person and no such Council shall be entitled to
subscribe to the nomination of more than one candidate
in respect of the same election.
4° Former or retiring Presidents may become candidates
on their own nomination.

5° Where only one candidate is nominated for the office
of President it shall not be necessary to proceed to a
ballot for his election.


5. Subject to the provisions of this Article, elections for the office
of President shall be regulated by law.
6. 1° The President shall not be a member of either House of the
Oireachtas.
2° If a member of either House of the Oireachtas be
elected President, he shall be deemed to have vacated
his seat in that House.

3° The President shall not hold any other office or
position of emolument.


7. The first President shall enter upon his office as soon as may
be after his election, and every subsequent President shall
enter upon his office on the day following the expiration of the
term of office of his predecessor or as soon as may be
thereafter or, in the event of his predecessor’s removal from
office, death, resignation, or permanent incapacity established
as provided by section 3 hereof, as soon as may be after the
election.
8. 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."




9. The President shall not leave the State during his term of
office save with the consent of the Government.
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.

4° No such proposal shall be adopted by either of the
Houses of the Oireachtas save upon a resolution of that
House supported by not less than two-thirds of the total
membership thereof.

5° When a charge has been preferred by either House
of the Oireachtas, the other House shall investigate the
charge, or cause the charge to be investigated.

6° The President shall have the right to appear and to
be represented at the investigation of the charge.

7° If, as a result of the investigation, a resolution be
passed supported by not less than two-thirds of the
total membership of the House of the Oireachtas by
which the charge was investigated, or caused to be
investigated, declaring that the charge preferred against
the President has been sustained and that the
misbehaviour, the subject of the charge, was such as to
render him unfit to continue in office, such resolution
shall operate to remove the President from his office.





11.
1° The President shall have an official residence in or near the
City of Dublin.
2° The President shall receive such emoluments and
allowances as may be determined by law.

3° The emoluments and allowances of the President
shall not be diminished during his term of office.




Article 13

1. 1° The President shall, on the nomination of Dáil Éireann,
appoint the Taoiseach, that is, the head of the Government or
Prime Minister.
2° The President shall, on the nomination of the
Taoiseach with the previous approval of Dáil Éireann,
appoint the other members of the Government.

3° The President shall, on the advice of the Taoiseach,
accept the resignation or terminate the appointment of
any member of the Government.


2. 1° Dáil Éireann shall be summoned and dissolved by the
President on the advice of the Taoiseach.
2° The President may in his absolute discretion refuse to
dissolve Dáil Éireann on the advice of a Taoiseach who
has ceased to retain the support of a majority in Dáil
Éireann.

3° The President may at any time, after consultation
with the Council of State, convene a meeting of either
or both of the Houses of the Oireachtas.


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.


4. The supreme command of the Defence Forces is hereby
vested in the President.
5. 1° The exercise of the supreme command of the Defence
Forces shall be regulated by law.
2° All commissioned officers of the Defence Forces shall
hold their commissions from the President.





6. The right of pardon and the power to commute or remit
punishment imposed by any court exercising criminal
jurisdiction are hereby vested in the President, but such
power of commutation or remission may also be conferred by
law on other authorities.
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. 1° The President shall not be answerable to either House of
the Oireachtas or to any court for the exercise and
performance of the powers and functions of his office or for
any act done or purporting to be done by him in the exercise
and performance of these powers and functions.
2° The behaviour of the President may, however, be brought
under review in either of the Houses of the Oireachtas for the
purposes of section 10 of Article 12 of this Constitution, or by
any court, tribunal or body appointed or designated by either
of the Houses of the Oireachtas for the investigation of a
charge under section 10 of the said Article.


9. The powers and functions conferred on the President by this
Constitution shall be exercisable and performable by him only
on the advice of the Government, save where it is provided by
this Constitution that he shall act in his absolute discretion or
after consultation with or in relation to the Council of State, or
on the advice or nomination of, or on receipt of any other
communication from, any other person or body.
10. Subject to this Constitution, additional powers and
functions may be conferred on the President by law.
11. No power or function conferred on the President by law
shall be exercisable or performable by him save only on the
advice of the Government.



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.


3. The Commission may act by any two of their number and may
act notwithstanding a vacancy in their membership.
4. The Council of State may by a majority of its members make
such provision as to them may seem meet for the exercise
and performance of the powers and functions conferred on
the President by or under this Constitution in any contingency
which is not provided for by the foregoing provisions of this
Article.
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. 1° The National Parliament shall be called and known, and is
in this Constitution generally referred to, as the Oireachtas.
2° The Oireachtas shall consist of the President and two
Houses, viz.: a House of Representatives to be called
Dáil Éireann and a Senate to be called Seanad Éireann.

3° The Houses of the Oireachtas shall sit in or near the
City of Dublin or in such other place as they may from
time to time determine.


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. 1° The Oireachtas shall not declare acts to be infringements
of the law which were not so at the date of their commission.
2° The Oireachtas shall not enact any law providing for the
imposition of the death penalty.


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.


7. The Oireachtas shall hold at least one session every year.
8. 1° Sittings of each House of the Oireachtas shall be public.
2° In cases of special emergency, however, either
House may hold a private sitting with the assent of two-
thirds of the members present.


9. 1° Each House of the Oireachtas shall elect from its members
its own Chairman and Deputy Chairman, and shall prescribe
their powers and duties.
2° The remuneration of the Chairman and Deputy
Chairman of each House shall be determined by law.


10. Each House shall make its own rules and standing
orders, with power to attach penalties for their infringement,
and shall have power to ensure freedom of debate, to protect
its official documents and the private papers of its members,
and to protect itself and its members against any person or
persons interfering with, molesting or attempting to corrupt
its members in the exercise of their duties.
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.

3° The number of members necessary to constitute a
meeting of either House for the exercise of its powers
shall be determined by its standing orders.


12. All official reports and publications of the Oireachtas or
of either House thereof and utterances made in either House
wherever published shall be privileged.
13. The members of each House of the Oireachtas shall,
except in case of treason as defined in this Constitution,



felony or breach of the peace, be privileged from arrest in
going to and returning from, and while within the precincts of,
either House, and shall not, in respect of any utterance in
either House, be amenable to any court or any authority other
than the House itself.
14. No person may be at the same time a member of both
Houses of the Oireachtas, and, if any person who is already a
member of either House becomes a member of the other
House, he shall forthwith be deemed to have vacated his first
seat.
15. The Oireachtas may make provision by law for the
payment of allowances to the members of each House thereof
in respect of their duties as public representatives and for the
grant to them of free travelling and such other facilities (if
any) in connection with those duties as the Oireachtas may
determine.


Dáil Éireann

Article 16

1. 1° Every citizen without distinction of sex who has reached
the age of twenty-one years, and who is not placed under
disability or incapacity by this Constitution or by law, shall be
eligible for membership of Dáil Éireann.
2° i All citizens, and

ii 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.

3° No law shall be enacted placing any citizen under
disability or incapacity for membership of Dáil Éireann
on the ground of sex or disqualifying any citizen or
other person from voting at an election for members of
Dáil Éireann on that ground.

4° No voter may exercise more than one vote at an
election for Dáil Éireann, and the voting shall be by
secret ballot.





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° The ratio between the number of members to be
elected at any time for each constituency and the
population of each constituency, as ascertained at the
last preceding census, shall, so far as it is practicable,
be the same throughout the country.

4° The Oireachtas shall revise the constituencies at
least once in every twelve years, with due regard to
changes in distribution of the population, but any
alterations in the constituencies shall not take effect
during the life of Dáil Éireann sitting when such revision
is made.

5° The members shall be elected on the system of
proportional representation by means of the single
transferable vote.

6° No law shall be enacted whereby the number of
members to be returned for any constituency shall be
less than three.


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.


5. The same Dáil Éireann shall not continue for a longer period
than seven years from the date of its first meeting: a shorter
period may be fixed by law.
6. Provision shall be made by law to enable the member of Dáil
Éireann who is the Chairman immediately before a dissolution



of Dáil Éireann to be deemed without any actual election to be
elected a member of Dáil Éireann at the ensuing general
election.
7. Subject to the foregoing provisions of this Article, elections for
membership of Dáil Éireann, including the filling of casual
vacancies, shall be regulated in accordance with law.


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.


2. 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

1. Seanad Éireann shall be composed of sixty members, of
whom eleven shall be nominated members and forty-nine
shall be elected members.
2. A person to be eligible for membership of Seanad Éireann
must be eligible to become a member of Dáil Éireann.
3. The nominated members of Seanad Éireann shall be
nominated, with their prior consent, by the Taoiseach who is
appointed next after the re-assembly of Dáil Éireann following
the dissolution thereof which occasions the nomination of the
said members.
4. 1° The elected members of Seanad Éireann shall be elected as
follows:—



i Three shall be elected by the
National University of Ireland.

ii Three shall be elected by the
University of Dublin.

iii Forty-three shall be elected
from panels of candidates
constituted as hereinafter
provided.

2° Provision may be made by law for the election, on a
franchise and in the manner to be provided by law, by
one or more of the following institutions, namely:

i the universities mentioned in
subsection 1° of this section,

ii 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.

3° Nothing in this Article shall be invoked to prohibit the
dissolution by law of a university mentioned in
subsection 1° of this section.


5. Every election of the elected members of Seanad Éireann shall
be held on the system of proportional representation by
means of the single transferable vote, and by secret postal
ballot.
6. The members of Seanad Éireann to be elected by the
Universities shall be elected on a franchise and in the manner
to be provided by law.
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:–



i National Language and Culture,
Literature, Art, Education and
such professional interests as
may be defined by law for the
purpose of this panel;

ii Agriculture and allied
interests, and Fisheries;

iii Labour, whether organised or
unorganised;

iv Industry and Commerce,
including banking, finance,
accountancy, engineering and
architecture;

v Public Administration and
social services, including
voluntary social activities.

2° Not more than eleven and, subject to the provisions
of Article 19 hereof, not less than five members of
Seanad Éireann shall be elected from any one panel.


8. A general election for Seanad Éireann shall take place not
later than ninety days after a dissolution of Dáil Éireann, and
the first meeting of Seanad Éireann after the general election
shall take place on a day to be fixed by the President on the
advice of the Taoiseach.
9. Every member of Seanad Éireann shall, unless he dies,
resigns, or becomes disqualified, continue to hold office until
the day before the polling day of the general election for
Seanad Éireann next held after his election or nomination.
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.





3° Casual vacancies in the number of the elected
members of Seanad Éireann shall be filled in the
manner provided by law.




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

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.


3. A Bill passed by either House and accepted by the other
House shall be deemed to have been passed by both Houses.


Money 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.




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.


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.




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,
(a) 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

(b) 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.


3. When a Bill the time for the consideration of which by Seanad
Éireann has been abridged under this Article becomes law it
shall remain in force for a period of ninety days from the date
of its enactment and no longer unless, before the expiration of
that period, both Houses shall have agreed that such law shall
remain in force for a longer period and the longer period so
agreed upon shall have been specified in resolutions passed
by both Houses.


Signing and Promulgation of Laws

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.


3. Every Bill the time for the consideration of which by Seanad
Éireann shall have been abridged under Article 24 of this
Constitution shall be signed by the President on the day on
which such Bill is presented to him for signature and
promulgation as a law.
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

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. 1° The President may, after consultation with the Council of
State, refer any Bill to which this Article applies to the
Supreme Court for a decision on the question as to whether
such Bill or any specified provision or provisions of such Bill is
or are repugnant to this Constitution or to any provision
thereof.



2° Every such reference shall be made not later than
the seventh day after the date on which such Bill shall
have been presented by the Taoiseach to the President
for his signature.

3° The President shall not sign any Bill the subject of a
reference to the Supreme Court under this Article
pending the pronouncement of the decision of the
Court.


2. 1° The Supreme Court consisting of not less than five judges
shall consider every question referred to it by the President
under this Article for a decision, and, having heard arguments
by or on behalf of the Attorney General and by counsel
assigned by the Court, shall pronounce its decision on such
question in open court as soon as may be, and in any case
not later than sixty days after the date of such reference.
2° The decision of the majority of the judges of the Supreme
Court shall, for the purposes of this Article, be the decision of
the Court and shall be pronounced by such one of those
judges as the Court shall direct, and no other opinion,
whether assenting or dissenting, shall be pronounced nor shall
the existence of any such other opinion be disclosed.


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
i 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

ii by a resolution of Dáil Éireann
passed within the said period
after a dissolution and re-
assembly of Dáil Éireann.

2° Whenever a proposal contained in a Bill the subject
of a petition under this Article shall have been approved
either by the people or by a resolution of Dáil Éireann in
accordance with the foregoing provisions of this section,
such Bill shall as soon as may be after such approval be
presented to the President for his signature and
promulgation by him as a law and the President shall
thereupon sign the Bill and duly promulgate it as a law.


6. In every case in which the President decides that a Bill the
subject of a petition under this Article does not contain 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 such Bill
shall be signed by the President not later than eleven days
after the date on which the Bill shall have been deemed to
have been passed by both Houses of the Oireachtas and shall
be duly promulgated by him as a law.



THE GOVERNMENT

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. 1° War shall not be declared and the State shall not
participate in any war save with the assent of Dáil Éireann.
2° In the case of actual invasion, however, the
Government may take whatever steps they may
consider necessary for the protection of the State, and
Dáil Éireann if not sitting shall be summoned to meet at
the earliest practicable date.

3° Nothing in this Constitution other than Article 15.5.2°
shall be invoked to invalidate any law enacted by the
Oireachtas which is expressed to be for the purpose of
securing the public safety and the preservation of the
State in time of war or armed rebellion, or to nullify any
act done or purporting to be done in time of war or
armed rebellion in pursuance of any such law. In this
sub-section "time of war" includes a time when there is
taking place an armed conflict in which the State is not
a participant but in respect of which each of the Houses
of the Oireachtas shall have resolved that, arising out of
such armed conflict, a national emergency exists
affecting the vital interests of the State and "time of war
or armed rebel-lion" includes such time after the
termination of any war, or of any such armed conflict as
aforesaid, or of an armed rebellion, as may elapse until
each of the Houses of the Oireachtas shall have
resolved that the national emergency occasioned by
such war, armed conflict, or armed rebellion has ceased
to exist.


4. 1° The Government shall be responsible to Dáil Éireann.
2° The Government shall meet and act as a collective
authority, and shall be collectively responsible for the
Departments of State administered by the members of
the Government.





3° The confidentiality of discussions at meetings of the
Government shall be respected in all circumstances save
only where the High Court determines that disclosure
should be made in respect of a particular matter -

i in the interests of the administration
of justice by a Court, or

ii 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.

4° The Government shall prepare Estimates of the
Receipts and Estimates of the Expenditure of the State
for each financial year, and shall present them to Dáil
Éireann for consideration.


5. 1° The head of the Government, or Prime Minister, shall be
called, and is in this Constitution referred to as, the
Taoiseach.
2° The Taoiseach shall keep the President generally
informed on matters of domestic and international

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