Fifth Amendment of the Constitution of Ireland
Encyclopedia
The 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. It was effected by the Fifth Amendment of the Constitution Act, 1972 which was approved by referendum
on 7 December 1972 and signed into law on 5 January 1973.
and his advisers chose to reflect what had been a contemporary willingness by constitution drafters and lawmakers in Europe to mention and in some ways recognise religion in explicit detail. This contrasted with many 1920s constitutions, notably the Irish Free State Constitution of 1922, which, following the secularism of the initial period following the First World War, simply prohibited any discrimination based on religion or avoided religious issues entirely.
De Valera, his advisers (Fr. John Charles McQuaid
, the future Archbishop of Dublin), and the men who put words to de Valera's concepts for the constitution (John Hearne and Mícheál Ó Gríobhtha) faced conflicting demands in his drafting of the article on religion.
De Valera's solution was Article 44. In contemporary terms, it marked a defeat for conservative Catholics, and Pope Pius XI explicitly withheld his approval from it:
Though perceived in retrospect as a sectarian article, Article 44 was praised in 1937 by leaders of Irish Protestant churches (notably the Church of Ireland Archbishop of Dublin
) and by Jewish groups. Conservative Catholics condemned it as "liberal".
When the contents of Article 44 were put to Pope Pius XI
by Cardinal Eugenio Pacelli (later Pope Pius XII
), the pope stated in diplomatic language: "We do not approve, nor do we not disapprove - we will remain silent". It was said that the Vatican was privately more appreciative of the constitution, and Pius XII later praised it.
. The "special position" of the Catholic Church had granted to that church, albeit in an undefined manner, was a special status that was out of step with post-Vatican II
Catholic thinking on the relationships between the churches. The Protestant churches, though they had declined in adherents, were more outspoken and willing to express their unhappiness than they had been in the Ireland of the 1920s and 1930s, when many were fearful that criticism of the Irish state would be seen as criticism of Irish independence and so implicitly a preference for the British regime that had ruled Ireland before 1922.
In addition, in the rapprochement between Northern Ireland
and what was now known as the Republic of Ireland, many southerners perceived the "special position" as a barrier between a north-south relationship and even a potential source of discrimination against minorities. In addition the explicit recognition of certain denominations was seen as unnecessary because of the provisions Article 44.2 which contains guarantees of freedom of worship and against religious discrimination. Though the changes shown above are those made to the English language version of the constitution, constitutionally it is the Irish
text that takes precedence.
This Fifth Amendment was introduced by the Fianna Fáil
government of Jack Lynch
and supported by every other major political party. The Catholic Church did not voice any objection to the amendment but it was opposed by some conservative Catholics. Some leading members of the Church of Ireland and the Jewish Community said during the campaign that while they appreciated the Article's recognition of their existence (and in the case of the Jewish Community, their right to exist, in contrast to anti-Jewish laws in other states) in 1937, it was no longer needed in the 1970s and had lost its usefulness.
The referendum on the amendment occurred on the same day as the referendum on the Fourth Amendment
which lowered the voting age to eighteen. The Fifth Amendment was approved by 721,003 (84.4%) in favour and 133,430 (15.6%) against.
Having completed its passage through the Oireachtas
and been adopted by the people, it was enacted by being signed into constitutional law by the President of Ireland
, the man who had drafted the original article, Éamon de Valera.
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...
removed from the constitution a controversial reference to the "special position" of the Roman Catholic Church
Roman Catholic Church
The 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...
as well as recognition of certain other named religious denominations. It was effected by the Fifth Amendment of the Constitution Act, 1972 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 7 December 1972 and signed into law on 5 January 1973.
Changes to the text
- Deletion of the entirety of Article 44.1.2:
- The State recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great majority of the citizens.
- Deletion of the entirety of Article 44.1.3:
- The State also recognises the Church of IrelandChurch of IrelandThe Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
, the Presbyterian Church in IrelandPresbyterian Church in IrelandThe Presbyterian Church in Ireland , is the largest Presbyterian denomination in Ireland, and the largest Protestant denomination in Northern Ireland...
, the Methodist Church in IrelandMethodist Church in IrelandThe Methodist Church in Ireland is a Wesleyan Methodist church that operates across both Northern Ireland and the Republic of Ireland on an all Ireland basis, It is the 4th largest Christian denomination in both jurisdictions and on the island as a whole...
, the Religious Society of FriendsReligious Society of FriendsThe Religious Society of Friends, or Friends Church, is a Christian movement which stresses the doctrine of the priesthood of all believers. Members are known as Friends, or popularly as Quakers. It is made of independent organisations, which have split from one another due to doctrinal differences...
in Ireland, as well as the Jewish Congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution.
- (Article 44.1.1 correspondingly renumbered as Article 44.1)
Contemporary viewpoint
In drafting the Irish constitution in 1936 and 1937, Éamon de ValeraÉamon de Valera
Éamon de Valera was one of the dominant political figures in twentieth century Ireland, serving as head of government of the Irish Free State and head of government and head of state of Ireland...
and his advisers chose to reflect what had been a contemporary willingness by constitution drafters and lawmakers in Europe to mention and in some ways recognise religion in explicit detail. This contrasted with many 1920s constitutions, notably the Irish Free State Constitution of 1922, which, following the secularism of the initial period following the First World War, simply prohibited any discrimination based on religion or avoided religious issues entirely.
De Valera, his advisers (Fr. John Charles McQuaid
John Charles McQuaid
John Charles McQuaid, C.S.Sp. was the Catholic Archbishop of Dublin and Primate of Ireland between December 1940 and February 1972.- Early life 1895-1914:...
, the future Archbishop of Dublin), and the men who put words to de Valera's concepts for the constitution (John Hearne and Mícheál Ó Gríobhtha) faced conflicting demands in his drafting of the article on religion.
- The demand from conservative Roman Catholics that Catholicism be established as the state religionState religionA state religion is a religious body or creed officially endorsed by the state...
of Ireland;
- Protestants' fears of discrimination.
- Prevailing attitudes of anti-semitismAnti-SemitismAntisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...
.
- The fact that most people in Ireland belonged to some religion, and that the education system and to a lesser extent the health system were denominational in structure, with Roman Catholicism, the Church of Ireland, the Presbyterian Church, the Methodist Church, the Jewish community and others running their own schools and non-governmental agencies.
De Valera's solution was Article 44. In contemporary terms, it marked a defeat for conservative Catholics, and Pope Pius XI explicitly withheld his approval from it:
- Catholicism was not made the state church.
- Catholicism was given an undefined "special position" on the basis of being the church of the majority. This was not consistent with the stance of pre-Vatican IISecond Vatican CouncilThe Second Vatican Council addressed relations between the Roman Catholic Church and the modern world. It was the twenty-first Ecumenical Council of the Catholic Church and the second to be held at St. Peter's Basilica in the Vatican. It opened under Pope John XXIII on 11 October 1962 and closed...
Catholicism, which claimed the right to legal and political influence on the basis of the claimed objective truth of its teachings rather than the size of its following.
- Other religions were named and recognised on a lower level. The use of the Church of IrelandChurch of IrelandThe Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
's official name antagonised conservative Catholics, who saw Catholicism as being the proper and rightful "church of Ireland".
- The Jewish community in Ireland was also given recognition. The explicit granting of a right to exist to the Jewish faith in Ireland marked a significant difference to the legal approach to Jewish rights in other European states, though contemporary Irish society was far from free of anti-semitismAnti-SemitismAntisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...
.
Though perceived in retrospect as a sectarian article, Article 44 was praised in 1937 by leaders of Irish Protestant churches (notably the Church of Ireland Archbishop of Dublin
Archbishop of Dublin (Church of Ireland)
The Archbishop of Dublin is the title of the senior cleric who presides over the United Dioceses of Dublin and Glendalough in the Church of Ireland...
) and by Jewish groups. Conservative Catholics condemned it as "liberal".
When the contents of Article 44 were put to Pope Pius XI
Pope Pius XI
Pope Pius XI , born Ambrogio Damiano Achille Ratti, was Pope from 6 February 1922, and sovereign of Vatican City from its creation as an independent state on 11 February 1929 until his death on 10 February 1939...
by Cardinal Eugenio Pacelli (later Pope Pius XII
Pope Pius XII
The Venerable Pope Pius XII , born Eugenio Maria Giuseppe Giovanni Pacelli , reigned as Pope, head of the Catholic Church and sovereign of Vatican City State, from 2 March 1939 until his death in 1958....
), the pope stated in diplomatic language: "We do not approve, nor do we not disapprove - we will remain silent". It was said that the Vatican was privately more appreciative of the constitution, and Pius XII later praised it.
Viewpoint in the 1970s
By 1972 an article once condemned by critics as liberal and indeed by some as offensive to Catholicism, had come to be seen as out of place, dated, and potentially discriminatory to ProtestantsProtestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
. The "special position" of the Catholic Church had granted to that church, albeit in an undefined manner, was a special status that was out of step with post-Vatican II
Second Vatican Council
The Second Vatican Council addressed relations between the Roman Catholic Church and the modern world. It was the twenty-first Ecumenical Council of the Catholic Church and the second to be held at St. Peter's Basilica in the Vatican. It opened under Pope John XXIII on 11 October 1962 and closed...
Catholic thinking on the relationships between the churches. The Protestant churches, though they had declined in adherents, were more outspoken and willing to express their unhappiness than they had been in the Ireland of the 1920s and 1930s, when many were fearful that criticism of the Irish state would be seen as criticism of Irish independence and so implicitly a preference for the British regime that had ruled Ireland before 1922.
In addition, in the rapprochement between 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...
and what was now known as the Republic of Ireland, many southerners perceived the "special position" as a barrier between a north-south relationship and even a potential source of discrimination against minorities. In addition the explicit recognition of certain denominations was seen as unnecessary because of the provisions Article 44.2 which contains guarantees of freedom of worship and against religious discrimination. Though 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.
This Fifth 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...
government of Jack Lynch
Jack Lynch
John Mary "Jack" Lynch was the Taoiseach of Ireland, serving two terms in office; from 1966 to 1973 and 1977 to 1979....
and supported by every other major political party. The Catholic Church did not voice any objection to the amendment but it was opposed by some conservative Catholics. Some leading members of the Church of Ireland and the Jewish Community said during the campaign that while they appreciated the Article's recognition of their existence (and in the case of the Jewish Community, their right to exist, in contrast to anti-Jewish laws in other states) in 1937, it was no longer needed in the 1970s and had lost its usefulness.
The referendum on the amendment occurred on the same day as the referendum on the Fourth Amendment
Fourth Amendment of the Constitution of Ireland
The 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...
which lowered the voting age to eighteen. The Fifth Amendment was approved by 721,003 (84.4%) in favour and 133,430 (15.6%) against.
Having completed its passage through 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...
and been adopted by the people, it was enacted by being signed into constitutional law by the President of Ireland
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...
, the man who had drafted the original article, Éamon de Valera.
Result
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...
- 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, December 1972Irish constitutional referendum, December 1972Two referendums were held together in Ireland on 7 December 1972, each on a proposed amendment of the Irish constitution. Both proposals were approved by voters.-Fourth amendment:...
Additional reading
- Micheál Ó Cearúil, Bunreacht na hÉireann: A Study of Its Irish Text
- Tim Pat CooganTim Pat CooganTimothy Patrick Coogan is an Irish historical writer, broadcaster and newspaper columnist. He served as editor of the Irish Press newspaper from 1968 to 1987...
, Éamon de Valera - David Gywnn Morgan, Constitutional Law of Ireland
External links
- Fifth Amendment of the Constitution Act, 1972 (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)