Amendments to the Constitution of Ireland
Encyclopedia
An amendment may be made to any part of the Constitution of Ireland
but only by referendum. An amendment must first be approved by both Houses of the Oireachtas
(parliament), then submitted to a referendum
, and finally signed into law by the President
.
Aside from constitutional referendums, the constitution also provides, in extraordinary circumstances, for a referendum on a normal bill
known as the ordinary referendum
, but none have yet occurred.
(the lower house of parliament). It must first be formally approved by both the Dáil and the Senate
, but in practice the Senate only has the power to delay an amendment adopted by the Dáil. Then it must be endorsed by the electorate in a referendum.
A simple majority is sufficient to carry an amendment and there is no minimum turn-out required for a constitutional referendum to be considered valid. The vote occurs by secret ballot. A proposal to amend the constitution put to a referendum must not contain any other proposal. While United Kingdom
citizens resident in the state may vote in a general election, only Irish citizens can participate in a referendum.
After being approved by referendum an amendment must be signed into law by the President. However, this is merely a formality as, provided the correct procedure has been complied with, the President cannot veto an amendment. The dates given for the amendments listed in this article are (unless otherwise stated) the dates on which each amendment was signed into law.
, was given the right to decline to sign a Bill amending the constitution until the amendment had been voted on by the people, if he believed the amendment materially changed the whole constitution. The President in office, Douglas Hyde
, did not however refer any amendment directly to the people, but instead chose to sign all Oireachtas-passed amendments directly into law. The constitution stated that this power, and indeed the Oireachtas' power to amend the constitution without automatic reference to the people, automatically lapsed three years after the entry into office of the first president.
Since 1941, on the third anniversary of President Hyde's election, every amendment must follow a set process of creation: passage through the Oireachtas, followed by a public referendum. One partial exception to this, however, were the changes made to Articles 2 and 3
of the constitution in 1999. The Nineteenth Amendment, adopted by referendum in May, 1998, did not itself amend those articles but rather introduced, on a temporary basis, a special mechanism whereby the Government
could order their amendment once it was satisfied that certain commitments made by other parties to the Belfast Agreement
had been complied with.
There is officially no 12th, 22nd, 24th or 25th Amendment. These numbers correspond to bills which were introduced but not enacted. While the number of a failed amendment bill is typically re-used for the next amendment bill to be introduced, this has not always happened.
Note:
(and its predecessors). Before the state could join the European Communities
the Third Amendment was necessary. Membership granted powers to European institutions
which the 1937 constitution had vested in the Oireachtas (parliament) and the Government. It was also possible that many provisions of the constitution might in the future be found to be incompatible with European law. For these reasons the Third Amendment introduced a provision expressly permitting the state to join the Communities and stating in broad terms that European law has supremacy over the constitution.
A number of subsequent amendments have been made to expressly permit the state to ratify changes to the treaties of the EU. This is because of a 1987 ruling by the Supreme Court, in the case of Crotty v. An Taoiseach
, that major changes to the EU treaties require a constitutional amendment. Referendums have therefore been held on the Single European Act
, the Maastricht Treaty
, the Amsterdam Treaty
and the Treaty of Nice
. There has however, been debate among legal scholars as to whether or not each and everyone of these treaties has been sufficiently far reaching as to necessitate a constitutional amendment.
in the 1973 case of Roe v. Wade
.
It was observed at the time of the adoption of the constitutional prohibition of abortion that its wording was very vague. Since its adoption a number of attempts have been made to modify the constitution in order to clarify the ban's precise implications. In particular there have been two failed attempts (in 1992 and 2002) to strengthen the ban, but two successful attempts to weaken its implications (both in December 1992).
The two failed amendments arose from a ruling of the Supreme Court in March 1992, in the case of the Attorney General v. X
(more commonly known as the "X case"), that a woman is entitled to an abortion where there is a risk to her life from suicide. Opponents of abortion feared that this ruling could only be enforced in a way that would lead to a liberal abortion regime of the kind found in many other countries, such as the United Kingdom, but this has not yet come to pass (although the government has yet to legislate for the implications of the 'X' case). The Thirteenth and Fourteenth Amendments guaranteed that the ban on abortion would not compromise the right to obtain information about, or freedom of travel to avail of, abortion services available abroad.
Abortion is also illegal in Northern Ireland
(except to save the life of the woman).
of the short-lived 1919–1922 Irish Republic
and the constitution of the 1922–1937 Irish Free State
. Each used different formal procedures for amendment of the text. The Dáil Constitution was enacted by Dáil Éireann (which was at that time a single chamber legislature) as an ordinary act of parliament. As a result it could be amended by simple vote of the legislature.
The Constitution of the Irish Free State
originally provided for a process of amendment by means of a referendum. However the constitution could initially be amended by the Free State Oireachtas for eight years. The Oireachtas chose to extend that period, meaning that for the duration of its existence, the Free State constitution could be amended at will by parliament. In theory, it was argued that the constitution could not be amended in a way with conflicted with the Anglo-Irish Treaty
of 1921 ratified by both the United Kingdom and the Irish Republic. However the Statute of Westminster
and legal judgements removed that restriction in the 1930s.
Committee has been systematically reviewing the constitution, and in its first ten years published a series of ten progress reports and two pieces of commissioned research. The work of the All-Party Oireachtas Committee on the Constitution may lead to further amendments. (see Constitutional Reviews)
The agreed programme of the government elected in March 2011
committed to referendums on five subjects "on a priority basis", and to establishing a constitutional convention
to consider other issues. The priority issues are:
On the 27th of October, 2011, The Twenty-ninth Amendment
, dealing with judges' pay, and the Thirtieth Amendment
, dealing with Oireachtas committees, were put to the people of Ireland, simultaneous with the 2011 presidential election. The Twenty-ninth Amendment was passed by an overwhelming majority, while the Thirtieth Amendment was narrowly rejected by the electorate.
Sometime in 2012, a constitutional convention is to convene where it will consider six specified issues, as well as other amendments it may see fit to recommend:
Minister Brendan Howlin
suggested that the rejection of the Oireachtas inquiries amendment called into question the government's plans for further amendments.
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
but only by referendum. An amendment must first be approved by both Houses of the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
(parliament), then submitted to a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, and finally signed into law by the President
President of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
.
Aside from constitutional referendums, the constitution also provides, in extraordinary circumstances, for a referendum on a normal bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
known as the ordinary referendum
Ordinary referendum
The ordinary referendum is a referendum in the Republic of Ireland in which the president may refer a bill directly to the electorate before it becomes law. Articles 27 and 47 of the Constitution of Ireland provides for a referendum on a proposal other than a proposal to amend the constitution...
, but none have yet occurred.
Referendum
The procedure for amending the constitution is specified in Article 46. A proposed amendment must take the form of a bill to amend the constitution originating in Dáil ÉireannDáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
(the lower house of parliament). It must first be formally approved by both the Dáil and the Senate
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
, but in practice the Senate only has the power to delay an amendment adopted by the Dáil. Then it must be endorsed by the electorate in a referendum.
A simple majority is sufficient to carry an amendment and there is no minimum turn-out required for a constitutional referendum to be considered valid. The vote occurs by secret ballot. A proposal to amend the constitution put to a referendum must not contain any other proposal. While United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
citizens resident in the state may vote in a general election, only Irish citizens can participate in a referendum.
After being approved by referendum an amendment must be signed into law by the President. However, this is merely a formality as, provided the correct procedure has been complied with, the President cannot veto an amendment. The dates given for the amendments listed in this article are (unless otherwise stated) the dates on which each amendment was signed into law.
Historical methods
Historically the constitution has also been amended by two other means. The Constitution provided that, for an initial period of four years (from 1937–1941), the document could be amended by a simple act of the Oireachtas. The First and Second Amendments were adopted in this way. However, as a safeguard to prevent the wholesale change of the document after it has been approved en bloc by the people, the President of IrelandPresident of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
, was given the right to decline to sign a Bill amending the constitution until the amendment had been voted on by the people, if he believed the amendment materially changed the whole constitution. The President in office, Douglas Hyde
Douglas Hyde
Douglas Hyde , known as An Craoibhín Aoibhinn , was an Irish scholar of the Irish language who served as the first President of Ireland from 1938 to 1945...
, did not however refer any amendment directly to the people, but instead chose to sign all Oireachtas-passed amendments directly into law. The constitution stated that this power, and indeed the Oireachtas' power to amend the constitution without automatic reference to the people, automatically lapsed three years after the entry into office of the first president.
Since 1941, on the third anniversary of President Hyde's election, every amendment must follow a set process of creation: passage through the Oireachtas, followed by a public referendum. One partial exception to this, however, were the changes made to Articles 2 and 3
Articles 2 and 3 of the Constitution of Ireland
Article 2 and Article 3 of the Constitution of Ireland were adopted with the constitution as a whole on 29 December 1937, but completely revised by means of the Nineteenth Amendment which took effect on 2 December 1999...
of the constitution in 1999. The Nineteenth Amendment, adopted by referendum in May, 1998, did not itself amend those articles but rather introduced, on a temporary basis, a special mechanism whereby the Government
Irish Government
The Government of Ireland is the cabinet that exercises executive authority in Ireland.-Members of the Government:Membership of the Government is regulated fundamentally by the Constitution of Ireland. The Government is headed by a prime minister called the Taoiseach...
could order their amendment once it was satisfied that certain commitments made by other parties to the Belfast Agreement
Belfast Agreement
The Good Friday Agreement or Belfast Agreement , sometimes called the Stormont Agreement, was a major political development in the Northern Ireland peace process...
had been complied with.
Under transitory provisions
- First AmendmentFirst Amendment of the Constitution of IrelandThe First Amendment of the Constitution of Ireland was effected by the First Amendment of the Constitution Act, 1939, and signed into law on 2 September 1939. Its purpose was to extend the constitutional definition of "time of war" to include a period during which a war is occurring in which the...
(2 September 1939): Extend the definition of "time of war" to include a war in which the state is not a participant. The motive behind this amendment was to allow the Government to exercise emergency powers during World War II, in which the state was neutral. - Second AmendmentSecond Amendment of the Constitution of IrelandThe Second Amendment of the Constitution of Ireland was an omnibus amendment to a variety of articles aimed at implementing a list of many different changes...
(30 May 1941): This was an omnibus amendment to a variety of articles aimed at introducing a variety of changes to the document, some significant and others minor, while still possible without the need for a referendum.
By referendum
- Third AmendmentThird Amendment of the Constitution of IrelandThe Third Amendment of the Constitution of Ireland permitted the state to join the European Communities and provided that European law would take precedence over the constitution...
(8 June 1972): Permitted the state to join the European Communities. - Fourth AmendmentFourth Amendment of the Constitution of IrelandThe Fourth Amendment of the Constitution of Ireland lowered the voting age for all national elections and referendums in the state from twenty-one to eighteen years of age...
(5 January 1973): Reduced minimum voting age from 21 to 18. - Fifth AmendmentFifth Amendment of the Constitution of IrelandThe Fifth Amendment of the Constitution of Ireland removed from the constitution a controversial reference to the "special position" of the Roman Catholic Church as well as recognition of certain other named religious denominations...
(5 January 1973): Removed reference to "special position" of the Roman Catholic ChurchRoman Catholic ChurchThe Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
and to certain other named denominations. - Sixth AmendmentSixth Amendment of the Constitution of IrelandThe Sixth Amendment of the Constitution of Ireland ensured that certain adoption orders would not be found to be unconstitutional because they had not been made by a court...
(3 August 1979): Provided that orders made by the Adoption Board could not be declared unconstitutional because they were not made by a court. - Seventh AmendmentSeventh Amendment of the Constitution of IrelandThe Seventh Amendment of the Constitution of Ireland provided that the procedure for the election of six members of the Senate by university graduates could be altered by law...
(3 August 1979): Allowed the state to determine by law which institutions of higher education would be entitled to elect members of the SenateSeanad ÉireannSeanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
. - Eighth AmendmentEighth Amendment of the Constitution of IrelandThe Eighth Amendment of the Constitution of Ireland introduced a constitutional ban on abortion. It was effected by the Eighth Amendment of the Constitution Act, 1983, which was approved by referendum on 7 September 1983 and signed into law on the 7 October of the same year.-Changes to the...
(7 October 1983): Introduced the constitutional prohibition of abortion. - Ninth AmendmentNinth Amendment of the Constitution of IrelandThe Ninth Amendment of the Constitution of Ireland extended the right to vote in elections to Dáil Éireann to certain non-Irish citizens...
(2 August 1984): Extended the right to vote to certain non-nationals. - Tenth AmendmentTenth Amendment of the Constitution of IrelandThe Tenth Amendment of the Constitution of Ireland permitted the state to ratify the Single European Act. It was effected by the Tenth Amendment of the Constitution Act, 1987, which was approved by referendum on 26 May 1987 and signed into law on the 22 June of the same year...
(22 June 1987): Permitted the state to ratify the Single European ActSingle European ActThe Single European Act was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a Single Market by 31 December 1992, and codified European Political Cooperation, the forerunner of the European Union's Common Foreign and Security Policy...
. - Eleventh AmendmentEleventh Amendment of the Constitution of IrelandThe Eleventh Amendment of the Constitution of Ireland permitted the state to ratify the Maastricht Treaty. It was effected by the Eleventh Amendment of the Constitution Act, 1992, which was approved by referendum on 18 June 1992 and signed into law on the 16 July of the same year.-Changes to the...
(16 July 1992): Permitted the state to ratify the Maastricht TreatyMaastricht TreatyThe Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
. - Thirteenth AmendmentThirteenth Amendment of the Constitution of IrelandThe Thirteenth Amendment of the Constitution of Ireland specified that the prohibition of abortion would not limit freedom of travel in and out of the state...
(23 December 1992): Specified that the prohibition of abortion would not limit freedom of travel in and out of the state. - Fourteenth AmendmentFourteenth Amendment of the Constitution of IrelandThe Fourteenth Amendment of the Constitution of Ireland specified that the prohibition of abortion would not limit the right to distribute information about abortion services in foreign countries...
(23 December 1992): Specified that the prohibition of abortion would not limit the right to distribute information about abortion services in foreign countries. - Fifteenth AmendmentFifteenth Amendment of the Constitution of IrelandThe Fifteenth Amendment of the Constitution of Ireland repealed the constitutional prohibition of divorce. It was effected by the Fifteenth Amendment of the Constitution Act, 1995, which was approved by referendum on 24 November 1995 and signed into law on 17 June 1996.-Changes to the...
(17 June 1996): Removed the constitutional prohibition of divorce, but retained certain restrictions on its occurrence. - Sixteenth AmendmentSixteenth Amendment of the Constitution of IrelandThe Sixteenth Amendment of the Constitution of Ireland provided that a court could refuse bail to a suspect where it feared that while at liberty they would commit a serious criminal offence...
(12 December 1996): Allowed a court to refuse someone bail if it suspected a person would commit a criminal offence while at liberty. - Seventeenth AmendmentSeventeenth Amendment of the Constitution of IrelandThe Seventeenth Amendment of the Constitution of Ireland provided that the confidentiality of meetings of the cabinet would not prevent the High Court from ordering that certain information be disclosed when this was in the public interest...
(14 November 1997): Introduced provisions related to the confidentiality of cabinet meetings. This became protected unless, in certain circumstances, the High Court orders otherwise. - Eighteenth AmendmentEighteenth Amendment of the Constitution of IrelandThe Eighteenth Amendment of the Constitution of Ireland permitted the state to ratify the Amsterdam Treaty. It was effected by the Eighteenth Amendment of the Constitution Act, 1998, which was approved by referendum on 22 May 1998 and signed into law on the 3 June of the same year.-Changes to the...
(3 June 1998): Allowed the state to ratify the Amsterdam TreatyAmsterdam TreatyThe Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Maastricht Treaty,...
. - Nineteenth AmendmentNineteenth Amendment of the Constitution of IrelandThe Nineteenth Amendment of the Constitution of Ireland introduced changes to Articles 2 and 3 of the constitution required by the 1998 Belfast Agreement . Prior to 1999, Articles 2 and 3 made the controversial claim that the whole island of Ireland formed one single "national territory"...
(3 June 1998): Provided for the amendment of Articles 2 and 3Articles 2 and 3 of the Constitution of IrelandArticle 2 and Article 3 of the Constitution of Ireland were adopted with the constitution as a whole on 29 December 1937, but completely revised by means of the Nineteenth Amendment which took effect on 2 December 1999...
as required by the Belfast Agreement. - Twentieth AmendmentTwentieth Amendment of the Constitution of IrelandThe Twentieth Amendment of the Constitution of Ireland provided constitutional recognition of local government and required that local government elections occur at least once in every five years...
(23 June 1999): Provided that local government elections must occur every five years. - Twenty-first AmendmentTwenty-first Amendment of the Constitution of IrelandThe Twenty-first Amendment of the Constitution of Ireland introduced a constitutional ban on the death penalty and removed all references to capital punishment from the text...
(27 March 2002): Introduced the constitutional prohibition of the death penalty, and also removed all incidental references to the death penaltyCapital punishmentCapital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
from the text. - Twenty-third AmendmentTwenty-third Amendment of the Constitution of IrelandThe Twenty-third Amendment of the Constitution of Ireland permitted the state to become a party to the International Criminal Court . It was effected by the Twenty-third Amendment of the Constitution Act, 2001, which was approved by referendum on 7 June 2001 and signed into law on the 27 March...
(27 March 2002): Allowed the state to ratify the Statute of the International Criminal CourtInternational Criminal CourtThe International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
. - Twenty-sixth AmendmentTwenty-sixth Amendment of the Constitution of IrelandThe Twenty-sixth Amendment of the Constitution of Ireland permitted the state to ratify the Treaty of Nice. It was effected by the Twenty-sixth Amendment of the Constitution Act, 2002, which was approved by referendum on 19 October 2002 and signed into law on 7 November of the same year...
(7 November 2002): Allowed the state to ratify the Nice TreatyTreaty of NiceThe Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty and the Treaty of Rome...
. - Twenty-seventh AmendmentTwenty-seventh Amendment of the Constitution of IrelandThe Twenty-seventh Amendment of the Constitution of Ireland provided that children born on the island of Ireland to parents who were both non-nationals would no longer have a constitutional right to citizenship of the Republic of Ireland...
(24 June 2004): Restricted the right to Irish citizenship. - Twenty-eighth Amendment (15 October 2009): Allowed the state to ratify the Treaty of LisbonTreaty of LisbonThe Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
. - Twenty-ninth AmendmentTwenty-ninth Amendment of the Constitution of IrelandThe Twenty-ninth Amendment of the Constitution of Ireland is a pending amendment to the Constitution of Ireland which will relax its prohibition on the reduction of the salaries of Irish judges. The Twenty-Ninth Amendment of the Constitution Bill 2011 The Twenty-ninth Amendment of the...
(27 October 2011): Relaxed the prohibition on the reduction of the salaries of Irish judges.
There is officially no 12th, 22nd, 24th or 25th Amendment. These numbers correspond to bills which were introduced but not enacted. While the number of a failed amendment bill is typically re-used for the next amendment bill to be introduced, this has not always happened.
Failed amendments and missing numbers
- Third Amendment Bill (1958): This was a proposal to alter the electoral system for elections to Dáil Éireann from proportional representationProportional representationProportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
under the Single Transferable VoteSingle transferable voteThe single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...
to the British 'First Past the PostPlurality voting systemThe plurality voting system is a single-winner voting system often used to elect executive officers or to elect members of a legislative assembly which is based on single-member constituencies...
' system. It also proposed to establish an independent commission for the drawing of constituency boundaries on a constitutional basis. It was put to a referendum on 17 June 1959 but was defeated. - Third Amendment Bill (1968): This proposed to specify more precisely the system of apportionment in the drawing of constituency boundaries. It would have permitted rural constituencies to elect a disproportionate number of TDTeachta DálaA Teachta Dála , usually abbreviated as TD in English, is a member of Dáil Éireann, the lower house of the Oireachtas . It is the equivalent of terms such as "Member of Parliament" or "deputy" used in other states. The official translation of the term is "Deputy to the Dáil", though a more literal...
s (see malapportionment). The proposal was put to a referendum on 16 October 1968 but was rejected. - Fourth Amendment Bill (1968): This was a second attempt to alter the electoral system by abolishing proportional representation in favour of 'First Past the Post'. It was submitted to a referendum on the same day as the Third Amendment Bill (1968) and was defeated.
- Tenth Amendment Bill (1986): This proposed to remove the constitutional ban on divorce. It was put to a referendum on 26 June 1986 but was defeated. The ban on divorce was eventually lifted by the Fifteenth Amendment in 1996.
- Twelfth Amendment Bill (1992): This proposed to strengthen the constitutional ban on abortion by stating that an abortion could not be procured to protect the health, rather than the life, of the woman, and that risk to the life of the woman from suicide could not be grounds for an abortion. This was put to a referendum on 25 November 1992 but was defeated.
- Twenty-second Amendment Bill (2001): This proposed to establish a body for the investigation of judges and to amend the procedure for the removal of judges. It was not passed by the houses of the Oireachtas.
- Twenty-fourth Amendment Bill (2001): This would have allowed the state to ratify the Treaty of NiceTreaty of NiceThe Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty and the Treaty of Rome...
. This was rejected in a referendum on 7 June 2001. Voters reversed this decision when they adopted the Twenty-sixth Amendment in 2002. - Twenty-fifth Amendment Bill (2002): This was a second attempt to strengthen the constitutional ban on abortion and to prevent risk of suicide being invoked as grounds for an abortion. It was submitted to a referendum on 6 March 2002 but was defeated.
- Twenty-eighth Amendment Bill (2008): This would have allowed the state to ratify the Treaty of LisbonTreaty of LisbonThe Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
. This was rejected in a referendum on 12 June 2008. Voters reversed this decision when they adopted the Twenty-eighth Amendment in 2009. - Thirtieth Amendment Bill (2011)Thirtieth Amendment of the Constitution Bill 2011 (Ireland)The Thirtieth Amendment of the Constitution Bill 2011 was a bill which, if enacted, would have amended the Constitution of Ireland "in order to provide for the...
: This would have allowed both Houses of the Oireachtas to conduct full inquiries into any matter of concern. This amendment was rejected in a referendum on the 27th of October, 2011.
List of referendums
The following is a list of every referendum in the state since 1937.The "total poll" column in the table below gives the total number of votes cast, including spoilt votes. The percentages given in the "for" and "against" columns are derived from the total number of valid, or unspoilt votes. A green coloured row indicates a proposal approved by the electorate; red indicates a rejected measure. All data are taken from the official website of the Referendum Returning Officer http://www.referendum.ie. The Constitution of Ireland was approved by plebiscite on 1 July 1937 and every subsequent referendum has concerned a constitutional amendment. Dates given are those on which referendums were held.Note:
The European Union
A number of amendments to the Constitution of Ireland have related to the European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(and its predecessors). Before the state could join the European Communities
European Communities
The European Communities were three international organisations that were governed by the same set of institutions...
the Third Amendment was necessary. Membership granted powers to European institutions
Institutions of the European Union
The European Union is governed by seven institutions. Article 13 of Treaty on European Union lists them in the following order: the European Parliament, the European Council, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European...
which the 1937 constitution had vested in the Oireachtas (parliament) and the Government. It was also possible that many provisions of the constitution might in the future be found to be incompatible with European law. For these reasons the Third Amendment introduced a provision expressly permitting the state to join the Communities and stating in broad terms that European law has supremacy over the constitution.
A number of subsequent amendments have been made to expressly permit the state to ratify changes to the treaties of the EU. This is because of a 1987 ruling by the Supreme Court, in the case of Crotty v. An Taoiseach
Crotty v. An Taoiseach
Crotty v. An Taoiseach was a legal action taken in 1987 in the High Court of Ireland and in the Supreme Court on appeal by Raymond Crotty, historian and economist against the Irish Government...
, that major changes to the EU treaties require a constitutional amendment. Referendums have therefore been held on the Single European Act
Single European Act
The Single European Act was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a Single Market by 31 December 1992, and codified European Political Cooperation, the forerunner of the European Union's Common Foreign and Security Policy...
, the Maastricht Treaty
Maastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
, the Amsterdam Treaty
Amsterdam Treaty
The Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Maastricht Treaty,...
and the Treaty of Nice
Treaty of Nice
The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty and the Treaty of Rome...
. There has however, been debate among legal scholars as to whether or not each and everyone of these treaties has been sufficiently far reaching as to necessitate a constitutional amendment.
Abortion
The Eighth Amendment introduced the constitutional prohibition on abortion in 1983. Opponents of abortion sought this amendment partly because of fears that the Supreme Court would in the future infer an implicit right to an abortion in the provisions of the constitution. The court had already ruled, in the 1974 case of McGee v. The Attorney General, that reference in Article 41 to the "imprescriptable rights, antecedent and superior to all positive law" of the family conferred upon spouses a broad right to privacy in marital affairs. It was feared that this right might be extended to include the right to an abortion. There was further concern that the Supreme Court might take its lead from developments in judicial review in other nations, such as the controversial ruling of the United States Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in the 1973 case of Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
.
It was observed at the time of the adoption of the constitutional prohibition of abortion that its wording was very vague. Since its adoption a number of attempts have been made to modify the constitution in order to clarify the ban's precise implications. In particular there have been two failed attempts (in 1992 and 2002) to strengthen the ban, but two successful attempts to weaken its implications (both in December 1992).
The two failed amendments arose from a ruling of the Supreme Court in March 1992, in the case of the Attorney General v. X
Attorney General v. X
Attorney General v. X was a 1992 Irish Supreme Court case which established the right of Irish women to an abortion if a pregnant woman's life was at risk because of pregnancy, including the risk of suicide....
(more commonly known as the "X case"), that a woman is entitled to an abortion where there is a risk to her life from suicide. Opponents of abortion feared that this ruling could only be enforced in a way that would lead to a liberal abortion regime of the kind found in many other countries, such as the United Kingdom, but this has not yet come to pass (although the government has yet to legislate for the implications of the 'X' case). The Thirteenth and Fourteenth Amendments guaranteed that the ban on abortion would not compromise the right to obtain information about, or freedom of travel to avail of, abortion services available abroad.
Abortion is also illegal in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
(except to save the life of the woman).
Previous constitutions
Prior to the adoption of the Constitution of Ireland in 1937, the state was governed under two other documents: the Dáil ConstitutionDáil Constitution
The Constitution of Dáil Éireann , more commonly known as the Dáil Constitution, was the constitution of the 1919–22 Irish Republic. It was adopted by the First Dáil at its first meeting on 21 January 1919 and theoretically remained in force for four years. As adopted it consisted of only five...
of the short-lived 1919–1922 Irish Republic
Irish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...
and the constitution of the 1922–1937 Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
. Each used different formal procedures for amendment of the text. The Dáil Constitution was enacted by Dáil Éireann (which was at that time a single chamber legislature) as an ordinary act of parliament. As a result it could be amended by simple vote of the legislature.
The Constitution of the Irish Free State
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
originally provided for a process of amendment by means of a referendum. However the constitution could initially be amended by the Free State Oireachtas for eight years. The Oireachtas chose to extend that period, meaning that for the duration of its existence, the Free State constitution could be amended at will by parliament. In theory, it was argued that the constitution could not be amended in a way with conflicted with the Anglo-Irish Treaty
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
of 1921 ratified by both the United Kingdom and the Irish Republic. However the Statute of Westminster
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
and legal judgements removed that restriction in the 1930s.
Proposed changes
Since 1996, an All-Party OireachtasOireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
Committee has been systematically reviewing the constitution, and in its first ten years published a series of ten progress reports and two pieces of commissioned research. The work of the All-Party Oireachtas Committee on the Constitution may lead to further amendments. (see Constitutional Reviews)
The agreed programme of the government elected in March 2011
Government of the 31st Dáil
The Government of the 31st Dáil is the present Government of Ireland, formed after the 2011 general election to Dáil Éireann on 25 February 2011. Fine Gael entered into discussions with the Labour Party which culminated in a joint programme for government. The 31st Dáil first met on 9 March 2011...
committed to referendums on five subjects "on a priority basis", and to establishing a constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
to consider other issues. The priority issues are:
- abolition of Seanad ÉireannSeanad ÉireannSeanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
- granting of full investigative powersSubpoenaA subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
for OireachtasOireachtasThe Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
committees - protecting the confidentialityConfidentialityConfidentiality is an ethical principle associated with several professions . In ethics, and in law and alternative forms of legal resolution such as mediation, some types of communication between a person and one of these professionals are "privileged" and may not be discussed or divulged to...
of citizens’ communications with their public representatives - relaxing the absolute ban on reducing judgesCourts of the Republic of IrelandThe Courts of the Republic of Ireland consist of the Supreme Court, the Court of Criminal Appeal, the High Court, the Circuit Court and the District Court. The courts apply the laws of Ireland. Ireland is a common law jurisdiction and trials for serious offences must usually be held before a jury...
' salaries, which became contentious in the context of widespread salary cuts during the 2008–2011 Irish financial crisis2008–2011 Irish financial crisisThe 2008–2011 Irish financial crisis, which had stemmed from the financial crisis of 2008, is a major political and economic crisis in Ireland that is partly responsible for the country falling into recession for the first time since the 1980s... - children’s rights
On the 27th of October, 2011, The Twenty-ninth Amendment
Twenty-ninth Amendment of the Constitution of Ireland
The Twenty-ninth Amendment of the Constitution of Ireland is a pending amendment to the Constitution of Ireland which will relax its prohibition on the reduction of the salaries of Irish judges. The Twenty-Ninth Amendment of the Constitution Bill 2011 The Twenty-ninth Amendment of the...
, dealing with judges' pay, and the Thirtieth Amendment
Thirtieth Amendment of the Constitution Bill 2011 (Ireland)
The Thirtieth Amendment of the Constitution Bill 2011 was a bill which, if enacted, would have amended the Constitution of Ireland "in order to provide for the...
, dealing with Oireachtas committees, were put to the people of Ireland, simultaneous with the 2011 presidential election. The Twenty-ninth Amendment was passed by an overwhelming majority, while the Thirtieth Amendment was narrowly rejected by the electorate.
Sometime in 2012, a constitutional convention is to convene where it will consider six specified issues, as well as other amendments it may see fit to recommend:
- the Dáil electoral system
- reducing the PresidentPresident of IrelandThe President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
's term from seven to five years - provision for same-sex marriage
- changing a reference to the "role of women in the homeHousewifeHousewife is a term used to describe a married woman with household responsibilities who is not employed outside the home. Merriam Webster describes a housewife as a married woman who is in charge of her household...
" to the "role of parents in the home" - removing the requirement to criminalise blasphemyBlasphemy law in IrelandIn the Republic of Ireland, blasphemy is required to be prohibited by Article 40.6.1.i. of the 1937 Constitution. The common law offence of blasphemous libel was effectively replaced in 2009 by a new offence of "publication or utterance of blasphemous matter"...
- reducing the voting ageVoting ageA voting age is a minimum age established by law that a person must attain to be eligible to vote in a public election.The vast majority of countries in the world have established a voting age. Most governments consider that those of any age lower than the chosen threshold lack the necessary...
Minister Brendan Howlin
Brendan Howlin
Brendan Howlin is an Irish Labour Party politician who has served as a Teachta Dála for Wexford since 1987. Currently the Minister for Public Expenditure and Reform, he previously served as Leas-Cheann Comhairle, Minister for the Environment and Minister for Health.-Early life:Born into a highly...
suggested that the rejection of the Oireachtas inquiries amendment called into question the government's plans for further amendments.
See also
- Politics of the Republic of IrelandPolitics of the Republic of IrelandIreland is a parliamentary, representative democratic republic and a member state of the European Union. While the head of state is the popularly elected President of Ireland, this is a largely ceremonial position with real political power being vested in the indirectly elected Taoiseach who is...
- Abortion in the Republic of Ireland
- Constitutional amendmentConstitutional amendmentA constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
- Referendum CommissionReferendum CommissionThe Referendum Commission is an independent statutory body in Ireland which is set up in advance of any referendum. The Referendum Act 1998 as amended by the Referendum Act 2001 provides for the establishment of the body.-Background:...
External links
- Official website of the Referendum Returning Officer – Includes an archive of referendum statistics.
- The Unabridged Constitution of Ireland – This is an unofficial variorum edition with amendments alongside the original text. It is only accurate up until the Twentieth Amendment in 1999.
- Irish Legal Information Initiative
- Irish Statute Book online