Eighteenth Amendment of the Constitution of Ireland
Encyclopedia
The 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.
(others have been the Tenth
, Eleventh
and Twenty-sixth
Amendments). These amendments have all been adopted in response to the 1987 ruling of the Supreme Court, in the case of Crotty v. An Taoiseach
, that major changes to the treaties are unconstitutional unless accompanied by an amendment. However it has been a matter of scholarly dispute as to whether or not every one of these treaties has been sufficiently far-reaching as to actually necessitate a constitutional amendment. The Treaty of Amsterdam contained a number of optional protocols that member-states could activate at a later time after its adoption. The Eighteenth Amendment permitted the Republic to choose to exercise these options, provided it had the support of the Oireachtas
(parliament). While the changes shown above are those made to the English language version of the constitution, constitutionally it is the Irish
text that takes precedence.
The Eighteenth Amendment was introduced by the Fianna Fáil
–Progressive Democrats
coalition government of Bertie Ahern
and was also supported by Fine Gael
and the Labour Party
(the two major opposition parties). The referendum on the amendment occurred on the same day as the referendum on the Nineteenth Amendment
, which related to the Good Friday Agreement
. The Eighteenth Amendment was approved by 932,632 (61.7%) votes in favour to 578,070 (38.3%) against, a narrower margin than in previous referendums on the European Union
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...
permitted the state to ratify 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,...
. It was effected by the Eighteenth Amendment of the Constitution Act, 1998, which was approved by 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...
on 22 May 1998 and signed into law on the 3 June of the same year.
Changes to the text
- Insertion of new Article 29.4.5:
- The State may ratify the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts signed at Amsterdam on the 2nd day of October, 1997.
- Insertion of new Article 29.4.6:
- The State may exercise the options or discretions provided by or under Articles 1.11, 2.5 and 2.15 of the Treaty referred to in subsection 5° of this section and the second and fourth Protocols set out in the said Treaty but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.
- (Existing subsections 5 and 6 of Article 29.4 are retained but renumbered as subsections 7 and 8 respectively)
Overview
The Eighteenth Amendment of the Constitution was one of a number of amendments that have been made to expressly permit the state to ratify changes to the founding treaties of the European 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...
(others have been the Tenth
Tenth Amendment of the Constitution of Ireland
The 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...
, Eleventh
Eleventh Amendment of the Constitution of Ireland
The 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...
and Twenty-sixth
Twenty-sixth Amendment of the Constitution of Ireland
The 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...
Amendments). These amendments have all been adopted in response to the 1987 ruling of 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 treaties are unconstitutional unless accompanied by an amendment. However it has been a matter of scholarly dispute as to whether or not every one of these treaties has been sufficiently far-reaching as to actually necessitate a constitutional amendment. The Treaty of Amsterdam contained a number of optional protocols that member-states could activate at a later time after its adoption. The Eighteenth Amendment permitted the Republic to choose to exercise these options, provided it had the support 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). While the changes shown above are those made to the English language version of the constitution, constitutionally it is the Irish
Irish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...
text that takes precedence.
The Eighteenth Amendment was introduced by the Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
–Progressive Democrats
Progressive Democrats
The Progressive Democrats , commonly known as the PDs, was a pro-free market liberal political party in the Republic of Ireland.Launched on 21 December 1985 by Desmond O'Malley and other politicians who had split from Fianna Fáil and Fine Gael, the Progressive Democrats took liberal positions on...
coalition government of Bertie Ahern
Bertie Ahern
Patrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008....
and was also supported by Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
and the Labour Party
Labour Party (Ireland)
The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish...
(the two major opposition parties). The referendum on the amendment occurred on the same day as the referendum on the Nineteenth Amendment
Nineteenth Amendment of the Constitution of Ireland
The 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"...
, which related to the Good Friday 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...
. The Eighteenth Amendment was approved by 932,632 (61.7%) votes in favour to 578,070 (38.3%) against, a narrower margin than in previous referendums on the European Union
Result
See also
- Third Amendment of the Constitution of IrelandThird 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...
(Membership of the European Communities) - 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...
- History of the Republic of IrelandHistory of the Republic of IrelandThe Irish state originally came into being in 1922 as the Irish Free State, a dominion of the British Commonwealth, having seceded from the United Kingdom under the Anglo-Irish Treaty. It comprises of 26 of Ireland's 32 counties...
- 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...
- Irish constitutional referendum, 1998Irish constitutional referendum, 1998Two referendums were held together in the Republic of Ireland on 22 May 1998, each on a proposed amendment of the Irish constitution. Both measures were approved...
External links
- Eighteenth Amendment of the Constitution Act, 1998 (Full text at IrishStatuteBook.ie)
- Full text of the Constitution of Ireland (Accurate up to and including the Twenty-seventh Amendment from Department of the Taoiseach)
- The Unabridged Constitution of Ireland (Unofficial variorum edition – accurate only up to Twentieth Amendment)