Twenty-first Amendment of the Constitution of Ireland
Encyclopedia
The 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. It was effected by the Twenty-first Amendment of the Constitution Act, 2001, which was approved by referendum
on 7 June 2001 and signed into law on 27 March 2002.
who travelled from Britain where he was the official hangman. The penalty has been abolished in law since 1990. It is furthermore a condition of the membership of any country of the European Union
that it abolish capital punishment. The Republic is also party to a number of international agreements forbidding the death penalty. These include Protocol No. 13 to the European Convention on Human Rights
which forbids capital punishment even during time of war.
The Twenty-first Amendment was intended to give the state's long-standing abolition of capital punishment constitutional standing and prevent the Oireachtas
(parliament) from reintroducing the penalty without a further referendum. In line with the state's commitment to abolition even during time of war, the Twenty-first Amendment provides that the death penalty cannot be imposed even during a "national emergency". This is the only explicit exception to the sweeping powers otherwise granted to the state during such an emergency. While the changes shown above are those made to the English language version of the constitution, constitutionally it is the Irish
text that has precedence.
The Twenty-first Amendment was introduced by the Fianna Fáil
–Progressive Democrats
coalition government of Bertie Ahern
and was supported by every political party with representation in the Dáil (the lower house of parliament). It was submitted to a referendum on the same day as the Twenty-third Amendment
, which permitted the state to recognise the International Criminal Court
and was also approved by voters, and the failed Twenty-fourth Amendment, which would have permitted the state to ratify the Treaty of Nice
but was rejected.
The Twenty-first Amendment was approved on a low turnout by 62% in favour to 38% against. There were media reports after the referendum on the Twenty-first Amendment that many opponents of the death penalty had mistakenly cast a "no" vote, in the belief that they were being asked to vote on capital punishment per se rather than on an amendment that would prohibit it.
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...
introduced a constitutional ban on the death penalty
Capital punishment
Capital 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...
and removed all references to capital punishment from the text. It was effected by the Twenty-first Amendment of the Constitution Act, 2001, 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 June 2001 and signed into law on 27 March 2002.
Changes to the text
- Insertion of new Article 15.5.2:
- The Oireachtas [parliament] shall not enact any law providing for the imposition of the death penalty.
- Addition to first sentence of Article 28.3.3 (added text in bold):
- 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.
- Deletion from Article 13.6 (removed text in bold and ruled):
- 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
, except in capital cases,also be conferred by law on other authorities.
- Deletion of the entirety of Article 40.4.5:
- Where an order is made under this section by the High Court or a judge thereof for the production of the body of a person who is under sentence of death, the High Court or such judge thereof shall further order that the execution of the said sentence of death shall be deferred until after the body of such person has been produced before the High Court and the lawfulness of his detention has been determined and if, after such deferment, the detention of such person is determined to be lawful, the High Court shall appoint a day for the execution of the said sentence of death and that sentence shall have effect with the substitution of the day so appointed for the day originally fixed for the execution thereof.
- (Article 15.5 accordingly renumbered as Article 15.5.1 and subsections 6 and 7 of Article 40.4 renumbered as subsections 5 and 6 respectively)
Overview
The last execution in the Republic occurred in 1954 when the murderer Michael Manning was hanged, the sentence being carried out by Albert PierrepointAlbert Pierrepoint
Albert Pierrepoint is the most famous member of the family which provided three of the United Kingdom's official hangmen in the first half of the 20th century...
who travelled from Britain where he was the official hangman. The penalty has been abolished in law since 1990. It is furthermore a condition of the membership of any country of the European Union
European 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...
that it abolish capital punishment. The Republic is also party to a number of international agreements forbidding the death penalty. These include Protocol No. 13 to the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
which forbids capital punishment even during time of war.
The Twenty-first Amendment was intended to give the state's long-standing abolition of capital punishment constitutional standing and prevent 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) from reintroducing the penalty without a further referendum. In line with the state's commitment to abolition even during time of war, the Twenty-first Amendment provides that the death penalty cannot be imposed even during a "national emergency". This is the only explicit exception to the sweeping powers otherwise granted to the state during such an emergency. 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 has precedence.
The Twenty-first 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 supported by every political party with representation in the Dáil (the lower house of parliament). It was submitted to a referendum on the same day as the Twenty-third Amendment
Twenty-third Amendment of the Constitution of Ireland
The 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...
, which permitted the state to recognise the International Criminal Court
International Criminal Court
The 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...
and was also approved by voters, and the failed Twenty-fourth Amendment, which would have permitted the state to ratify 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...
but was rejected.
The Twenty-first Amendment was approved on a low turnout by 62% in favour to 38% against. There were media reports after the referendum on the Twenty-first Amendment that many opponents of the death penalty had mistakenly cast a "no" vote, in the belief that they were being asked to vote on capital punishment per se rather than on an amendment that would prohibit it.
Result
See also
- Capital punishment in IrelandCapital punishment in IrelandCapital punishment has been abolished in the Republic of Ireland. The last execution was in 1954. From then until 1990 while capital punishment remained on the statute book, a practice arose whereby every sentence of death was commuted by the Irish president...
- 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, 2001Irish constitutional referendum, 2001Three referendums were held simultaneously in Ireland on 7 June 2001, each on a proposed amendment of the Constitution of Ireland. Two of the measures were approved, while the third was rejected. The two successful amendments concerned the death penalty and the International Criminal Court.The...
- California Proposition 17 (1972)California Proposition 17 (1972)Proposition 17 of 1972 was a measure enacted by California voters to reintroduce the death penalty in that state. The California Supreme Court had ruled on February 17, 1972 that capital punishment was contrary to the state constitution. Proposition 17 amended the Constitution of California in...
External links
- Twenty-first Amendment of the Constitution Act, 2001 (Full text from IrishStatuteBook.ie)
- Full text of the Constitution of Ireland (Accurate up to and including the Twenty-seventh Amendment from Department of the Taoiseach)