Twenty-third Amendment of the Constitution of Ireland
Encyclopedia
The Twenty-third Amendment of the Constitution of Ireland
permitted the state to become a party to the International Criminal Court
(ICC). 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 2002.
granted to the ICC certain powers the constitution, as it stood, vested exclusively in the organs of the national government. The Twenty-third Amendment was introduced by the Fianna Fáil
–Progressive Democrats
coalition government of Bertie Ahern
and was supported by every major political party. It was submitted to a referendum on the same day as the Twenty-first Amendment
, which introduced a constitutional prohibition on the death penalty and was approved by the electorate, and the Twenty-fourth Amendment Bill which would have permitted the state to ratify the Treaty of Nice
but was rejected by voters. Voting on the Twenty-third Amendment went 64.2% in favour and 35.8% against.
The Twenty-third Amendment followed directly after the Twenty-first Amendment. This is because, for technical reasons, there is officially no Twenty-second Amendment of the Constitution of Ireland. 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.
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 become a party to 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...
(ICC). It was effected by the Twenty-third 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 the 27 March 2002.
Changes to the text
- Insertion of new Article 29.9:
- The State may ratify the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998.
Overview
The Twenty-third Amendment of the Constitution was necessary because the Statute of the International Criminal CourtRome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
granted to the ICC certain powers the constitution, as it stood, vested exclusively in the organs of the national government. The Twenty-third 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 major political party. It was submitted to a referendum on the same day as the Twenty-first Amendment
Twenty-first Amendment of the Constitution of Ireland
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...
, which introduced a constitutional prohibition on the death penalty and was approved by the electorate, and the Twenty-fourth Amendment Bill 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 by voters. Voting on the Twenty-third Amendment went 64.2% in favour and 35.8% against.
The Twenty-third Amendment followed directly after the Twenty-first Amendment. This is because, for technical reasons, there is officially no Twenty-second Amendment of the Constitution of Ireland. 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.
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, 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...
External links
- Twenty-third Amendment of the Constitution Act, 2001 (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)