66-597: The Irish Statute Book , also known as the electronic Irish Statute Book (eISB) , is a database produced by the Office of the Attorney General of Ireland . It contains copies of Acts of the Oireachtas and statutory instruments . It also contains a Legislation Directory which includes chronological tables of pre-1922 legislation. It is published on a website (irishstatutebook.ie) and was formerly published on CD-ROM . In 2001,
132-563: A parliamentary system . It provides for a directly elected, largely ceremonial President of Ireland (Article 12), a head of government called the Taoiseach (Article 28), and a national parliament called the Oireachtas (Article 15). The Oireachtas has a dominant directly elected lower house known as Dáil Éireann (Article 16) and an upper house Seanad Éireann (Article 18), which is partly appointed, partly indirectly elected and partly elected by
198-630: A constitutional office-holder. In 1990, the Fair Trade Commission stated that "[w]e have recommended that the Bar Council should be the primary disciplinary body for barristers, and it does not include any members of the judiciary. The Attorney General is, however, a member of the Bar Council, and the Commission believes that it is preferable that he should not be involved when the Bar Council is exercising its disciplinary function. The Attorney General
264-717: A final dedication ( Irish : Dochum glóire Dé agus onóra na hÉireann "For the glory of God and the Honour of Ireland", from the Annals of the Four Masters ). Its overall length is approximately 16,000 words. Article 8 of the Constitution states: Interpretation of these provisions has been contentious. The Constitution itself is enrolled in both languages, and in case of conflict the Irish language version takes precedence, even though in practice
330-562: A limited electorate. There is also an independent judiciary headed by the Supreme Court (Article 34). Under Article 28.3.3° the Constitution grants the state sweeping powers "in time of war or armed rebellion", which may (if so resolved by both Houses of the Oireachtas) include an armed conflict in which the state is not a direct participant. During a national emergency the Oireachtas may pass laws that would otherwise be unconstitutional, and
396-509: A new social problem or phenomenon not considered at the time of the Constitution being drafted (e.g. children's rights, same-sex marriage), to address outmoded provisions in the Constitution (e.g. special position of the Roman Catholic Church, prohibition on abortion), or to attempt to reverse or alter an interpretation of the court through a corrective referendum (e.g. Oireachtas enquiries). Usually referendums are only proposed when there
462-757: A number of Christian denominations, such as the Anglican Church of Ireland , the Presbyterian Church in Ireland , as well as "the Jewish Congregations". It also recognised the "special position" of the Catholic Church. These provisions were removed by the Fifth Amendment in 1973 (see below). Nevertheless, the constitution still contains a number of explicit religious references, such as in the preamble,
528-648: A number of instances where the texts in English and Irish clash, a potential dilemma which the Constitution resolves by favouring the Irish text even though English is more commonly used in the official sphere. A draft of the constitution was presented personally to the Vatican for review and comment on two occasions by the Department Head at External Relations, Joseph P. Walsh. Prior to its tabling in Dáil Éireann and presentation to
594-410: A prohibition on divorce. The ban on divorce was not removed until 1996. The Constitution had, from 1983 to 2018 , contained a prohibition of abortion. From 1992 the constitution did not prohibit the distribution of information about abortion services in other countries or the right of freedom of travel to procure an abortion. In theory, the prohibition of abortion did not apply to cases in which there
660-626: Is also a member of the Council of King's Inns, and the Commission believes it to preferable that he should not participate in any disciplinary activity pursued by that body either. Indeed, in general, we find the membership of these bodies by the Attorney General to be somewhat anomalous." The Office of the Parliamentary Counsel to the Government is the Office of the parliamentary counsel to
726-497: Is crucial. Constitution of Ireland The Constitution of Ireland ( Irish : Bunreacht na hÉireann , pronounced [ˈbˠʊnˠɾˠəxt̪ˠ n̪ˠə ˈheːɾʲən̪ˠ] ) is the fundamental law of Ireland . It asserts the national sovereignty of the Irish people . It guarantees certain fundamental rights, along with a popularly elected non-executive president , a bicameral parliament , a separation of powers and judicial review . It
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#1732845133079792-591: Is made up of different offices: Part of the attorney general's function has been to support the Statute Law Revision Programme of the Law Reform Commission , which reviews all legislation passed before independence to investigate which laws are obsolete and may be repealed, and which should be kept. This includes laws of the United Kingdom of Great Britain and Ireland , Britain, England, and
858-453: Is not a requirement for the post. In cases where a barrister nominated by the Taoiseach to be the attorney general was not a senior counsel at the time, the government of the day has made them one first, as occurred in the cases of John M. Kelly and John Rogers . The attorney general advises the government on the constitutionality of bills and treaties, and presents the government's case if
924-536: Is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State . It came into force on 29 December 1937 following a statewide plebiscite held on 1 July 1937. The Constitution may be amended solely by a national referendum . It is the longest continually operating republican constitution within the European Union . The Constitution of Ireland replaced
990-533: Is wide political support for the proposed change. Article 25.5 provides that from time to time, the Taoiseach may cause an up to date text of the Constitution to be prepared in Irish and in English, embodying all of the amendments made so far (and retaining the transitory provisions). Once this new text has been signed by the Taoiseach, the Chief Justice and the President, it is enrolled on vellum and deposited with
1056-543: The Constitution of the Irish Free State , which had been in effect since the independence, as a dominion , of the Irish state from the United Kingdom on 6 December 1922. There were two main motivations for replacing the constitution in 1937. Firstly, the Statute of Westminster 1931 granted parliamentary autonomy to the six British Dominions (now known as Commonwealth realms ) within a British Commonwealth of Nations . This had
1122-459: The Government of Ireland . It is part of the office of the Attorney General. It drafts bills which the Government intends to introduce in the Oireachtas . Although the Oireachtas as the legislature has formal authority to enact legislation, in practice the government whip rarely allows substantive amendments to bills to be made in the Dáil or Seanad ; thus the Parliamentary Counsel's role
1188-574: The Irish Law Times said that, whilst the Attorney General's staff deserved to be congratulated for the Irish Statute Book, the CD-ROM version contained a "significant number of errors". Attorney General of Ireland The attorney general of Ireland ( Irish : An tArd-Aighne ) is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of
1254-680: The Irish Parliament . For example, the killing of cattle in Dublin is still regulated, in part by an Irish act of 1743, while the "Treatment of Foreign Merchants" is governed by 25 Edw. 1 Magna Carta c. 30 , an act of the Parliament of England dated 1297. The Ministers and Secretaries Act 1924 provided a legislative basis for the Attorney-General of the Irish Free State ( Irish : Príomh-Atúrnae Shaorstáit Éireann ). This act provided it with:
1320-828: The Oireachtas of the Irish Free State . Such amendments removed references to the Oath of Allegiance , appeals to the United Kingdom's Judicial Committee of the Privy Council , the British Crown and the Governor-General . The sudden abdication of Edward VIII in December 1936 was quickly used to redefine the Royal connection. Nevertheless, the Fianna Fáil government still desired to replace
1386-553: The President refers any bill to the Supreme Court under Article 26 of the Constitution before signing it. The attorney general has few prosecution duties; these are limited to functions under the various Fisheries Acts and Extradition Acts. Instead, the Director of Public Prosecutions has responsibility for all other criminal prosecutions in the State. The Office of the Attorney General
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#17328451330791452-550: The X Case , the Supreme Court ruled that the state must permit an abortion where there is a danger to her life, including a risk of suicide. Writing in 1968 , Irish Times literary editor Terence de Vere White criticised both the constitution and the existing political system, "At the time of this writing, the Constitution of the Republic is under scrutiny, but it is unlikely that any proposed changes therein will radically alter
1518-492: The 'semi-constitutional' political wing of the 'irregular' anti-treaty forces. During the Great Depression, as social polarisation generated campaigns and strikes, Catholic social jurists aimed to forestall class conflict. Taoiseach Éamon de Valera and clericalist advisors such as John Charles McQuaid considered constitutional provisions to incorporate land redistribution, credit system regulation, and welfare rights. Late in
1584-510: The (non-binding) Directive Principles of Social Policy, as well as the system of vocational panels used to elect the Senate. The Constitution also grants very broadly worded rights to the institution of the family. The remaining religious provisions of the Constitution, including the wording of the Preamble, remain controversial and widely debated. As originally enacted, the Constitution also included
1650-506: The 1999 changes to Articles 2 and 3 ; articles 34A and 64 were added by the Thirty-third (2013) to initialise the new Court of Appeal . The rejected 2013 proposal to abolish the Seanad included both the deletion of previous Seanad-related transitory provisions and the addition of two new abolition-related ones. The associated Referendum Commission published the full transitory provisions for
1716-719: The Attorney General or someone from the Department of the President of the Executive Council. He also received significant input from John Charles McQuaid , the then President of Blackrock College , on religious, educational, family and social welfare issues. McQuaid later became, in 1940, the Catholic Archbishop of Dublin . Other religious leaders who were consulted were Archbishop Edward Byrne (Roman Catholic), Archbishop John Gregg (Church of Ireland), William Massey (Methodist) and James Irwin (Presbyterian). There are
1782-482: The British stated: His Majesty's Government in the United Kingdom has considered the position created by the new Constitution ... of the Irish Free State, in future to be described under the Constitution as 'Eire' or 'Ireland' ... [and] cannot recognise that the adoption of the name 'Eire' or 'Ireland', or any other provision of those articles [of the Irish constitution], involves any right to territory ... forming part of
1848-469: The Constitution: either as soon Hyde took office, or three years later in the case of Article 51. Article 51 expressly provides that it would cease to have legal effect once it was removed, but the rest remain in force, which has created subsequent inconvenience. The Second Amendment made changes to Article 56 despite the fact that it was no longer a part of the official text. The transitional continuation of
1914-593: The Irish Women Workers' Union mobilised a two-month campaign seeking the provisions' amendment or deletion. The Republican Congress also critiqued the constitution's "stone-age conception of womanhood". Writing in the Irish Democrat, Peadar O'Donnell and Frank Ryan condemned the 1937 Constitution for upholding private property as a sacred, 'natural right' and declaring that capitalism was 'something ordained by Providence forever, amen!' The Congress further opposed
1980-438: The Irish electorate in a plebiscite, Vatican Secretary of State Eugenio Cardinal Pacelli , the future Pope Pius XII, said of the final amended draft: "We do not approve, neither do we disapprove; We shall maintain silence." The quid pro quo for this indulgence of the Catholic Church's interests in Ireland was the degree of respectability which it conferred on De Valera's formerly denounced republican faction and its reputation as
2046-524: The Irish text is a translation of the English rather than vice versa . The 1937 Constitution introduced some Irish-language terms into English, such as Taoiseach and Tánaiste , while others, such as Oireachtas , had been used in the Free State Constitution. The use in English of Éire , the Irish-language name of the state, is deprecated . The Constitution establishes a government under
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2112-471: The Oireachtas had a right "to exercise jurisdiction over the whole of that territory". These articles offended Unionists in Northern Ireland, who considered them tantamount to an illegal extraterritorial claim. Under the terms of the 1998 Good Friday Agreement , Articles 2 and 3 were amended to remove any reference to a "national territory", and to state that a united Ireland should only come about with
2178-425: The Oireachtas", and "shall not be cognisable by any Court under any of the provisions of this Constitution" (preamble to Article 45). The "Directive Principles of Social Policy" feature little in contemporary parliamentary debates. However, no proposals have yet been made for their repeal or amendment. The principles require, in summary, that: The "Directive Principles" have influenced other constitutions. Notably,
2244-440: The President and Seanad — provision was made for their establishment within 180 days, and for the Oireachtas and Presidential Commission to function without them in the interim notwithstanding that they were otherwise essential. Judges were required to swear allegiance to the new Constitution to continue in office, but other continuing public servants were not. Article 51 allowed constitutional amendments without referendum during
2310-450: The Roman Catholic Church's position as a 'State or semi-State church' in violation of republican principles and an offence to Protestants throughout the island. The 'Roman Catholic Bishops of the South', O'Donnell claimed, now functioned as 'the watchdogs of the private property classes'. The official text of the Constitution consists of a Preamble, numbered Articles arranged under headings, and
2376-461: The State. The attorney general is not a member of the Government but does participate in cabinet meetings when invited and attends government meetings. The current attorney general is Rossa Fanning , SC . The office and functions of the attorney general are outlined in Article 30 of the Constitution of Ireland . The attorney general has always been a barrister rather than a solicitor, although this
2442-531: The United Kingdom of Great Britain and Northern Ireland ... They therefore regard the use of the name 'Eire' or 'Ireland' in this connection as relating only to that area which has hitherto been known as the Irish Free State. The other governments of the British Commonwealth countries chose to continue to regard Ireland as a member of the British Commonwealth. A proposal by the Northern Ireland government that Northern Ireland be renamed "Ulster" in response to
2508-414: The actions of the executive cannot be found to be ultra vires or unconstitutional provided they at least "purport" to be in pursuance of such a law. However, the constitutional prohibition on the death penalty (Article 15.5.2°), introduced by an amendment made in 2001, is an absolute exception to these powers. There have been two national emergencies since 1937: an emergency declared in 1939 to cover
2574-530: The adoption of the new constitution and the emergence of the State of Ireland as events of the utmost importance." Feminists such as Hannah Sheehy Skeffington claimed that certain articles threatened their rights as citizens and as workers. Article 41.2, for example, equated womanhood with motherhood and further specified a woman's 'life within the home'. The Women Graduates' Association, the Joint Committee of Women's Societies and Social Workers, together with
2640-554: The branches and officers of the public services specified in the Ninth Part of the Schedule to this Act and also the administration and business generally of public services in connection with the representation of the Government of Saorstát Eireann and of the public in all legal proceedings for the enforcement of law, the punishment of offenders and the assertion or protection of public rights and all powers, duties and functions connected with
2706-724: The business, powers, authorities, duties and functions formerly vested in or exercised by the Attorney-General for Ireland , the Solicitor-General for Ireland , the Attorney-General for Southern Ireland, the Solicitor-General for Southern Ireland, the Law Adviser to the Lord Lieutenant of Ireland and any or all of them respectively, and the administration and control of the business, powers, authorities, duties and functions of
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2772-487: The consent of majorities in both the jurisdictions on the island of Ireland. The amended Articles also guarantee the people of Northern Ireland the right to be a "part of the Irish Nation", and to Irish citizenship. This change came into force in December 1999. The Constitution guarantees freedom of worship, and forbids the state from creating an established church. Article 44.1 as originally enacted explicitly "recognised"
2838-515: The constitution provided for a smooth takeover from the pre-existing institutions of the Free State to those established by the new constitution. Institutions would initially be assigned to their Free State analogues where available; this applied to the Dáil, courts, government, public service, Attorney General, Comptroller and Auditor General, Defence Forces and police. For constitutional innovations —
2904-409: The constitutional document they saw as having been imposed by the British government in 1922. The second motive for replacing the original constitution was primarily symbolic. De Valera wanted to put an Irish stamp on the institutions of government, and chose to do this in particular through the use of Irish language nomenclature. De Valera personally supervised the writing of the Constitution. It
2970-462: The declaration made by the President, and the remaining text of Article 44.1, which reads: The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion. A number of ideas found in the Constitution reflect the Catholic social teachings when the original text was drafted. Such teachings informed the provisions of
3036-477: The draft constitution, with minor amendments, was approved on 14 June 1937 by Dáil Éireann (then the sole house of parliament, the Seanad having been abolished the previous year). The draft constitution was then put to a plebiscite on 1 July 1937 (the same day as the 1937 general election ), when it was passed by a plurality . 56% of voters were in favour, comprising 38.6% of the whole electorate. The constitution came into force on 29 December 1937 and, to mark
3102-414: The drafting process, however, de Valera re-wrote these initially robust socio-economic rights as non-binding 'directive principles', primarily to satisfy the Department of Finance's preferences for minimal state spending. In line with Ireland's banks and grazier farming interests, the final wording thus preserved the state's existing currency and cattle trading relations with the United Kingdom. The text of
3168-432: The effect of making the dominions sovereign nations in their own right. The Irish Free State constitution of 1922 was, in the eyes of many, associated with the controversial Anglo-Irish Treaty . The anti-treaty faction, who opposed the treaty initially by force of arms, was so opposed to the institutions of the new Irish Free State that it initially took an abstentionist line toward them, boycotting them altogether. However,
3234-508: The family's "imprescriptible rights, antecedent and superior to all positive law" has been interpreted by the Supreme Court as conferring upon spouses a broad right to privacy in marital affairs. In McGee v. The Attorney General (1974) the court invoked this right to strike down laws banning the sale of contraceptives. The court also issued a controversial interpretation of Article 40.3.3°, which before its replacement in 2018 prohibited abortion. In Attorney General v X (1992), commonly known as
3300-403: The famous "Indian Directive Principles of State Policy" contained in the Constitution of India are influenced by the Constitution of Ireland. Moreover, the previous Constitution of Nepal adopted in 1962 and in force for 28 years and commonly called Panchayat Constitution contained a verbatim translation of the "Directive Principles" of the Irish constitution. The transitory provisions of
3366-443: The first time. Article 59 provided that the attorney general of Saorstát Éireann before the coming into operation of the Constitution would become the attorney general on the coming into operation of the Constitution without the need for an appointment, which occurred on 29 December 1937. Until 1974, the attorney general was responsible for the prosecution of criminal offences. In 1974, the position of Director of Public Prosecutions
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#17328451330793432-449: The information of voters, with a disclaimer that this did not constitute an "official" text. Any part of the Constitution may be amended, but only by referendum. The procedure for amendment of the Constitution is set out in Article 46. An amendment must first be passed by both Houses of the Oireachtas, then be submitted to a referendum, and then finally must be signed into law by the President. Amendments are sometimes proposed to address
3498-608: The largest element of this faction became convinced that abstentionism could not be maintained forever. This element, led by Éamon de Valera , formed the Fianna Fáil party in 1926, which entered into government following the 1932 general election . After 1932, under the provisions of the Statute of Westminster, some of the articles of the original Constitution which were required by the Anglo-Irish Treaty were dismantled by acts of
3564-421: The laws of the Oireachtas and activities of the Government it finds to be unconstitutional. Under judicial review the quite broad meaning of certain articles has come to be explored and expanded upon since 1937. The Supreme Court ruled that Articles 2 and 3, before their alteration in 1999, did not impose a positive obligation upon the state that could be enforced in a court of law. The reference in Article 41 to
3630-408: The new Irish constitution was aborted after it was determined that this would require Westminster legislation. The Irish government received a message of goodwill from 268 United States congressmen, including eight senators. The signatories expressed "their ardent congratulations on the birth of the State of Ireland and the consequent coming into effect of the new constitution", adding that "We regard
3696-439: The new constitution. The Sunday Times concluded it would only help to "perpetuate division" between Dublin and Belfast. The Irish Catholic concluded it was a "noble document in harmony with papal teachings". When the new constitution was enacted, the British government, according to The New York Times , "contented itself with a legalistic protest". Its protest took the form of a communiqué on 30 December 1937, in which
3762-572: The occasion, the Minister for Posts and Telegraphs issued two commemorative stamps on that date. Among the groups who opposed the constitution were supporters of Fine Gael and the Labour Party , Unionists , and some independents and feminists. The question put to voters was "Do you approve of the Draft Constitution which is the subject of this plebiscite?" . When the draft new constitution
3828-473: The office of the Registrar of the Supreme Court. Once enrolled, the new text becomes conclusive evidence of the Constitution, and supersedes earlier enrolled copies. The Constitution has been enrolled six times: in 1938, 1942, 1980, 1990, 1999, and 2019. The Constitution states that it is the highest law of the land and grants the Supreme Court of Ireland authority to interpret its provisions, and to strike down
3894-567: The pre-1937 courts was not formally ended until the Courts (Establishment and Constitution) Act 1961, whose long title refers to "Article 58 of the Constitution". A journalist commented in 1958 that the courts' status was determined by "a non-existent provision of the Constitution". Further transitory provisions have been added by subsequent constitutional amendments, and similarly omitted from officially published texts. The Nineteenth (1998) added subsections 3°, 4° and 5° to Article 29.7 to facilitate
3960-425: The same respectively, together with the duty of advising the Executive Council and the several Ministers in matters of law and of legal opinion. It also transferred the following bodies to the office of the Attorney-General: The Constitution of Ireland , which came into operation on 29 December 1937, established the position of Attorney General of Ireland in Article 30, providing it with a constitutional basis for
4026-441: The system established. A Constitution on the United States model might well suit the people better than the present one; but the Irish are too innately Conservative ever to bring about such a change except by gradual and almost imperceptible degrees." As adopted in 1937, Article 2 asserted that "the whole island of Ireland, its islands and the territorial seas" formed a single "national territory", while Article 3 asserted that
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#17328451330794092-406: The threat to national security posed as a consequence of World War II (although the state remained formally neutral throughout that conflict), and an emergency declared in 1976 to deal with the threat to the security of the state posed by the Provisional IRA . Article 45 outlines broad principles of social and economic policy. Its provisions are, however, intended solely "for the general guidance of
4158-516: The three years after the first President took office ( Douglas Hyde did so on 25 June 1938 ). This was to facilitate the Oireachtas fixing any defects or oversights that quickly became obvious. The President could still demand a referendum in some cases, but the First (1939) and Second (1941) amendments were enacted under Article 51 without referendum. The transitory provisions are mostly still in force but spent . They themselves mandate that they be omitted from all officially published texts of
4224-485: Was drafted initially by John Hearne , legal adviser to the Department of External Affairs (now called the Department of Foreign Affairs). It was translated into Irish over a number of drafts by a group headed by Micheál Ó Gríobhtha (assisted by Risteárd Ó Foghludha), who worked in the Irish Department of Education. De Valera served as his own External Affairs Minister, hence the use of the Department's Legal Advisor, with whom he had previously worked closely, as opposed to
4290-457: Was established. Local state solicitors were transferred to the Director of Public Prosecutions in 2007. Two less well-known but significant roles played by all Irish Attorneys General to date are as the "leader of the Irish Bar " and as a Bencher of the King's Inns . The acceptance by Attorneys General of these non-statutory and often secretive roles upon taking office throughout the years has been questioned and criticised as inappropriate for
4356-415: Was published, the Irish Independent described it as one of de Valera's "finest tributes to his predecessors". The Irish Times criticised the constitution's assertion of a territorial claim on Northern Ireland, and the absence in its text of any reference to the British Commonwealth. The London-based Daily Telegraph included in its criticism the special position assigned to the Church of Rome under
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