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100-607: The Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013 was a proposal to amend the Constitution of Ireland to abolish Seanad Éireann , the upper house of the Irish parliament, the Oireachtas . The proposal was rejected by the electorate in a referendum on 4 October 2013 by 51.7% voting against to 48.3% in favour. The bill completed its passage through

200-629: A 30-page blueprint for reform of the Seanad, with the slogan "Open it, don't close it", which was discussed in the Seanad. They formed the "Seanad Reform Group", which in May 2013 became " Democracy Matters ", to lobby against abolition. In 2013, two groups of Senators and one group of TDs each introduced a separate bill proposing to reform the Seanad by replacing the restricted-franchise Vocational panel elections with general-franchise elections. Several former Taoiseach-nominated senators from Northern Ireland endorsed

300-598: A charade to disguise a migration of power from the legislature to the cabinet and the Economic Management Council . The Referendum Commission was established by the Minister for the Environment, Community and Local Government on 6 June 2012, with High Court judge Elizabeth Dunne as chair. While such a Commission was required by law to supervise any referendum, previous Commissions had not been established prior to

400-474: A date for the referendum not less than thirty days and not more than ninety days after the date of the order. The Electoral Commission has functions to give a general explanation of the subject matter and text of the referendum and promote public awareness of the referendum and encourage the public to vote. From 1998 to 2023, these functions were previously carried out by a Referendum Commission established for each referendum. A simple majority of votes cast

500-453: A majority in the Seanad, which has not rejected a bill passed by the Dáil since 1964. Debate on the Seanad's future has focused on whether it would be better to reform it (with or without constitutional amendment) or to abolish it altogether. In October 2009, Fine Gael leader Enda Kenny stated that it was his intention that a Fine Gael government would abolish the Seanad, and along with reducing

600-458: A process of amendment by means of a referendum. However the constitution could initially be amended by the Oireachtas for eight years. The Oireachtas chose to extend that period, meaning that for the duration of its existence, the Free State constitution could be amended at will by parliament. By virtue of the 1922 Constitution Act, the constitution could not be amended in a way with conflicted with

700-484: A referendum after its passage through the Oireachtas. The following table lists all amendments to the Constitution, and all past referendums relating to the Constitution. In general it does not list proposed amendments which were not passed by the Oireachtas, for which see the separate list of failed amendments to the Constitution of Ireland . The exception is the 2001 Twenty-second Amendment Bill , listed below to explain

800-506: A referendum. To prevent the Oireachtas abusing this provision, the President had the power to refer such a bill to the people. The First and Second Amendments were adopted in this way; President Douglas Hyde chose to sign each into law without referendum. The three-year limit was entrenched to prevent it being extended without referendum. Since 25 June 1941, the third anniversary of President Hyde's election, every amendment has had to be put to

900-583: A right to marital privacy, and that contraception on prescription could not be prohibited to a married couple. In Griswold v. Connecticut (1965), the United States Supreme Court came to a similar result, before finding for a general right to abortion in the first trimester in Roe v. Wade (1973). The Eighth Amendment in 1983 gave constitutional protection to the life of the unborn, and therefore prohibiting abortion. This had been partly to guard against

1000-574: A temporary special mechanism by which the Government could order their amendment once it was satisfied that certain commitments made by other parties to the Good Friday Agreement had been complied with. The sections added to the text of the Constitution which provided for this later amendment to Articles no longer appear in the published official text of the Constitution, in line with their own provisions. A similar method would have been used with

1100-436: A wallop in the electoral process. I accept the verdict of the people...It is not about parties, it is not about leaders, it is not about government because there wasn't a government campaign here. It was the people's day and the people's decision and that's the people's absolute right and I think from that point of view this is the ultimate exercise in democracy." Amendments to the Constitution of Ireland Amendments to

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1200-402: A wet weekend in the Oireachtas and is talking through her fanny." He later withdrew the remarks, calling them "intemperate". The referendum commission's dedicated website was launched on 5 September 2013. The Seanad was recalled early from its summer recess on 20 August 2013, after a petition by Senator Mark Daly of Fianna Fáil secured the support of the necessary twenty senators. The recall

1300-617: Is annexed or conquered by another and ceases to exist even in nominal form ( i.e. , not even a "government in exile" is established). The most recent case is the German Democratic Republic ( East Germany ), which was completely abolished after the German reunification . Modern Germany is a continuation of the Federal Republic of Germany and not a successor state. Consequent upon the acquisition of international legal personality ,

1400-417: Is completely extinguished and its sovereignty is replaced by that of one or more successor states. A partial state succession occurs when the state continues to exist after it has lost control of a part of its territory. An example of a partial state succession is the case of the split of Bangladesh from Pakistan. There was no challenge to Pakistan's claim to continue to exist and to retain its membership of

1500-753: Is known in historiography as the Southern Ming dynasty , continued to rule parts of southern China until 1662. Multiple ephemeral regimes also existed during this period, including the Shun and Xi dynasties on mainland China , and the Ming loyalist Kingdom of Tungning on Taiwan. Ireland , then called the Irish Free State , seceded from the United Kingdom under the Anglo-Irish Treaty of 1922. The new state took

1600-651: Is mostly a list of the exceptions that have occurred since the creation of the United Nations in 1945. In previous historical periods, the exceptions would be too many to list. The Taliban state in Afghanistan (the Islamic Emirate of Afghanistan ) became the de facto government of nearly all the country in the mid-1990s, but the Afghan Northern Alliance was still recognised by many nations and retained

1700-432: Is sufficient to carry an amendment, with no minimum turnout required for a constitutional referendum to be considered valid. The vote is conducted by secret ballot. A proposal to amend the constitution put to a referendum must not contain any other proposal. While British citizens resident in the state may vote in a general election, only Irish citizens can participate in a referendum. Once the referendum count has concluded

1800-707: Is that their incorporation into the Soviet Union from 1940 to 1991 constituted an illegal occupation . In 1991 when each Baltic state regained their independence they claimed continuity directly from their pre-1940 status. Many other states share this view, and as such, these states were not considered either predecessor or successor states of the Soviet Union. As a consequence, the Baltic states were able to simply re-establish diplomatic relations with countries, re-affirm pre-1940 treaties still in force, and resume membership in international organizations. A similar situation applies to

1900-460: The 2011 election campaign , Labour and Sinn Féin also promised to abolish the Seanad, while Fianna Fáil supported a referendum on the issue. The programme of the Fine Gael–Labour coalition , which came to power at the election, promised to abolish the Seanad as part of a broader programme of constitutional reform. Fine Gael's 2011 election manifesto pledged to have a referendum to abolish

2000-856: The Amsterdam Treaty ( in 1998 ), on the Nice Treaty ( in 2001 and in 2002 ), and on the Lisbon Treaty ( in 2008 and in 2009 ). Referendums were also held to the allow the State to be bound by the Good Friday Agreement in 1998 , and to ratify the International Criminal Court in 2001 and the Stability Treaty in 2012 . In McGee v. The Attorney General (1974), the Supreme Court found that provisions of Articles 40 and 41 guaranteed

2100-585: The Anglo-Irish Treaty of 1921 ratified by both the United Kingdom and the Irish Republic. However the Statute of Westminster removed that restriction in 1931 as far as British (but not Irish) law was concerned. It was amended 24 times between 1925 and 1936. Successor state A state succession can be characterized as either being universal or partial . A universal state succession occurs when one state

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2200-566: The Caucasus countries of Armenia , Azerbaijan and Georgia , which claimed continuity of the pre-1921 republics before being conquered by the Red Army as well as Ukraine, which as mentioned above, is the de facto successor to the Ukrainian People's Republic that was founded in 1917 before its Sovietization in 1919 (see Soviet–Ukrainian War ). After four of the six constituent republics of

2300-679: The European institutions within the SEA was not "necessitated by the obligations of membership of the Communities" as provided for by the Third Amendment. Consequently, the Constitution required further amendment, before the SEA could be ratified. This was done in a referendum later in 1987 . On the same basis, further referendums on European Treaties were held on the Maastricht Treaty ( in 1992 ), on

2400-475: The Irish Free State . Articles and sections which describe the Seanad or the relationship between the two Houses would have been deleted; later sections of an Article would have been renumbered to fill the gaps of deleted sections, but later Articles would not have been renumbered. Articles 53 and 55 are spent transitory provisions from the Oireachtas of the Irish Free State , removed since they related to

2500-690: The Labour Relations Commission. Desmond O'Malley , founder of the Progressive Democrats , called for Seanad abolition and additional political reform. The Fine Gael campaign claimed that the annual net saving to taxpayers of abolishing the Seanad would be €20m, a figure disputed by opponents. The Referendum Commission wrote to the Oireachtas finance officer, who put the annual cost of the Seanad at €8.8m in pay and expenses for Senators and their personal staff; €9.3m in support and infrastructure; and €2m in pensions. The officer said that it

2600-646: The Ming–Qing transition , the Ming dynasty existed alongside the Qing dynasty (or Predynastic Qing) for a period before 1644. The predecessor of the Qing dynasty, the Later Jin dynasty , was established in 1616 and ruled over Northeast China whilst the Ming dynasty ruled over China proper . Following the fall of the Ming dynasty in 1644, remnants of the Ming imperial family , whose regime

2700-578: The Oireachtas . It must then be passed or deemed to have been passed by both Houses of the Oireachtas. The Third Amendment of the Constitution Bill 1958 , a proposal to alter the voting system, did not pass the Seanad but was deemed to have passed the Seanad 90 days after it was sent by the Dáil. After passage through the Houses of the Oireachtas, the Minister for Housing, Local Government and Heritage must set

2800-551: The Peace Conference on Yugoslavia . The agreement was initially prevented by the insistence of the Federal Republic of Yugoslavia that it was the exclusive legal and political continuation of Socialist Yugoslavia as well as the owner of all state property owned by the earlier socialist federal government, and that it was willing to renounce a part of it only as an act of goodwill. The Federal Republic of Yugoslavia interpreted

2900-550: The Reform Alliance , of Oireachtas members expelled from Fine Gael for opposing the Protection of Life During Pregnancy Act 2013 , called for a No-vote. The Workers' Party characterised the bill as "a power grab by the kitchen cabinet within the cabinet ". Independent members of the Seanad were opposed to its abolition. In 2012, Michael McDowell , Joe O'Toole , Noel Whelan , Feargal Quinn and Katherine Zappone published

3000-564: The Socialist Federal Republic of Yugoslavia seceded in 1991 and 1992, the rump state , renamed the Federal Republic of Yugoslavia , stated it was the continuation of the Socialist Federal Republic of Yugoslavia —against the objections of the newly independent republics. Representatives from Belgrade continued to hold the original Yugoslavian UN seat—however, the United States refused to recognize it. The remaining territory of

3100-518: The Twenty-fifth Amendment of the Constitution Bill 2001 to restrict abortion, which was rejected. The proposed Thirty-second Amendment of the Constitution Bill 2013 to abolish Seanad Éireann involved later amendments which would have taken effect after the next general election. The Thirty-third Amendment that established the Court of Appeal had amendments which became part of the text only on

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3200-742: The UN seat . In 2021, the Taliban again took power , but as of 25 August 2022, it does not have the Afghanistan UN seat, which is still held by the National Resistance Front . The People's Republic of China (PRC) was established in 1949 in mainland China and claimed succession from the Republic of China (ROC). The ROC's territory was reduced to mainly the island of Taiwan , who took control from Japan in 1945, although it continues to claim control of

3300-728: The United Nations in 1945. The Russian Federation succeeded to the Soviet Union's United Nations membership , including its permanent membership on the Security Council of the United Nations. Russia accounted for more than 75% of the Soviet Union's economy, the majority of its population and 75% of its land mass; in addition, the history of the Soviet Union began in Russia with the October Revolution in 1917 in Petrograd . If there

3400-680: The Universal Postal Union and re-affirmed that pre-1910 treaties were still in force. There is some debate over whether the modern Republic of Turkey is a continuing state to the Ottoman Empire or a successor. The two entities fought on opposing sides in the Turkish War of Independence (1919–23), and even briefly co-existed as separate administrative units (whilst at war with one another): Turkey with its capital in Angora (now Ankara ) and

3500-502: The Constitution Bill 1968 would have allowed a variation of up to 16.7% across constituencies. It was rejected in a referendum by 61% to 39%. In Re Article 26 and the Electoral (Amendment) Bill 1983 (1984), the Supreme Court held that the proposed bill to extend voting rights in Dáil elections to British citizens was unconstitutional. The Ninth Amendment was passed in June 1984, which allowed

3600-605: The Constitution Bill 2011 proposed to allow Oireachtas Inquiries to make findings of fact and to balance the rights of the individual against the public interest; this referendum was defeated by 53% to 47%. In O'Donovan v. the Attorney-General (1961), the Supreme Court held that the Electoral Amendment Act 1959 was unconstitutional and suggested that the ratio of representation to population across constituencies should differ by no more than 5%. The Third Amendment of

3700-459: The Constitution of Ireland are only possible by way of referendum . A proposal to amend the Constitution of Ireland must be initiated as a bill in Dáil Éireann , be passed by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the president of Ireland . Since the constitution entered into force on 29 December 1937, there have been 32 amendments to

3800-463: The Houses of the Oireachtas on 23 July 2013. Had it been approved, the Seanad would have ceased to exist after the following Irish general election, leaving Dáil Éireann as the sole house of the Oireachtas. Because the Thirty-third Amendment was passed on the same day, there is no "Thirty-second Amendment". The Seanad is a much weaker chamber than the Dáil. The government usually has

3900-521: The Ottoman Empire from Constantinople (now Istanbul ), but this type of scenario is also common in civil wars . The Turkish National Movement , led by Mustafa Kemal who defected from the Ottoman Army , established the modern republic as a nation-state (or new government regime ) by defeating the opposing elements in the Turkish War of Independence . There remains debate about whether the conflict

4000-564: The PRC and the ROC formally claim exclusive mandate over the entirety of China, historical Chinese dynasties that existed during periods of sustained political disunity often claimed exclusive Chinese politico-cultural orthodoxy at the expense of others. During dynastic transitions , it was rare for one dynasty to end abruptly and transition smoothly to a new one, resulting in the existence of more than one entity claiming to be "China". For instance, during

4100-506: The ROC continues to be unrepresented within the United Nations but exercises sovereignty over the Taiwan Area . In addition to the Chinese mainland, the ROC also claims borderlands unclaimed by the PRC, most notably Outer Mongolia . In Chinese history , periods of prolonged political division and dynastic transition saw the existence of more than one claimant to "China" at the same time. China

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4200-403: The Seanad if the referendum were defeated. In the Dáil on 24 September, Martin questioned the role of civil servants in the referendum campaign, and invited Kenny to a public debate on the question of abolition. RTÉ offered to stage a debate on Prime Time on 1 October 2013, three days before the referendum. While Kenny decided not to take part, Richard Bruton agreed to participate. The debate

4300-469: The Seanad is a powerless rubber-stamp. In an opinion poll for The Irish Times the week before the referendum, the reasons given by prospective yes-voters were: cost (43%), lack of power (16%), superfluity (14%), to reduce the number of politicians (8%) and lack of democratic election (5%). Abolition was supported by Fine Gael , Labour , Sinn Féin , and the Socialist Party . Although Sinn Féin opposed

4400-446: The Seanad was a U-turn from his position of several months earlier, and an impulsive publicity stunt announced without consulting any party colleagues. Breda O'Brien suggested voters should tick the "No" box on the ballot and also write the word "Reform" on it; a suggestion endorsed by Fintan O'Toole despite the risk of thereby spoiling the ballot . Both columnists characterised the government's putative reform of Dáil procedures as

4500-416: The Seanad within 12 months of taking office; as Taoiseach in 2012, Enda Kenny attributed the delay in introducing the bill to the complexity of the changes required. The bill as introduced makes 40 changes to the text of the Constitution. As well as deleting references to the Seanad, the amendment had to insert transitional provisions to explicitly abolish it. These were required to allow for the delay between

4600-459: The Supreme Court finding the same right that their American counterparts had. In March 1992, the Supreme Court ruled in Attorney General v X , commonly known as the X Case , that a teenage girl was entitled to an abortion as there was a risk to her life from suicide. Opponents of abortion feared that this ruling could only be enforced in a way that would lead to an expansive abortion regime of

4700-570: The Supreme Court held that the right to liberty would permit the denial of bail in limited circumstances only, where there was sufficient evidence before the Court that the accused was likely to interfere with the course of justice; specifically, that bail could not be because of the likelihood of the commission of further offences while on bail. This decision was overturned by the Sixteenth Amendment in 1996 which inserted Article 40.4.7°, allowing for

4800-401: The Taoiseach voted against the bill, while the two Fine Gael Senators who had lost the whip the previous week for opposing the government's Protection of Life During Pregnancy Bill 2013 voted with the government. If the bill had become law, it would have immediately inserted a new transitional Article 19A into the Constitution. Article 19A provided that on the day before the first sitting of

4900-519: The United Nations: it was a continuator and not a successor. Bangladesh eventually was recognized as a new state: it was a successor and had to apply for UN membership. An example of a universal state succession is the dissolution of Czechoslovakia . Neither part claimed any continuity: both the Czech Republic and Slovakia were new successor states. There are cases where a state is completely extinguished or abolished without having any successor states. Cases like this occur when, for example, one state

5000-400: The Yes side. Some opinion polls asked specifically how respondents would vote in the referendum on the 2013 bill; others asked a more general question on whether respondents felt the Seanad should be abolished, "reformed", or retained unchanged. This includes polls taken after the programme for government in 2011 which announced the plan to abolish the Seanad, but before the bill to effect this

5100-457: The adoption of the Constitution of Ireland, Ireland had two previous Constitutions: the Dáil Constitution of the short-lived 1919–1922 Irish Republic , and the constitution of the 1922–1937 Irish Free State . The Dáil Constitution was enacted by Dáil Éireann (which was at that time a single chamber assembly). The Constitution of the Irish Free State was adopted in October 1922 and came in force on 6 December 1922. It originally provided for

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5200-439: The bill in the Oireachtas and argued that the Seanad's future should be discussed by the Constitutional Convention , it announced in late July that it was supporting abolition as the Seanad was "elite and out of touch". A non-party pro-abolition group called "One House" launched its campaign on 2 September 2013. Opponents alleged that the participation of its head, Kieran Mulvey, compromised his professional position as chairman of

5300-453: The breakup of Yugoslavia as a process of serial secessions and not as a complete dismemberment of the earlier state, an interpretation rejected by the other former Yugoslav republics. The Badinter Arbitration Committee recommended a division of assets and liabilities based on principle of equity , referring to the 1983 Vienna Convention on Succession of States in Respect of State Property, Archives and Debt (a convention not in force which at

5400-427: The constitution. Aside from amendments to the Constitution itself, the Constitution also provides for referendums on ordinary bills ; this is known as an ordinary referendum. This provision has never been used. The procedure for amending the constitution is specified in Article 46. A proposed amendment must take the form of a bill to amend the constitution initiated in Dáil Éireann , the house of representatives of

5500-463: The difficult matter of succession to treaty rights and obligations arises. Succession may refer to the transfer of rights, obligations, or property from a previously well-established predecessor state to its successor state, and can include overseas assets such as diplomatic missions , foreign-exchange reserves , and museum artifacts; and participation in treaties in force at the date of succession or international organizations . In an attempt to codify

5600-463: The federation was less than half of the population and territory of the former federation. In 1992 the Security Council on 19 September ( Resolution 777 ) and the General Assembly on 22 September, decided to refuse to allow the new federation to sit in the General Assembly under the name of "Yugoslavia" on the theory that the Socialist Federal Republic of Yugoslavia had dissolved. The Federal Republic of Yugoslavia (later renamed Serbia and Montenegro )

5700-421: The former Yugoslav Republic of Macedonia – today North Macedonia — and the Federal Republic of Yugoslavia – today Serbia and Montenegro ) signed the Agreement on Succession Issues which conclusively confirmed that five sovereign equal successor states were formed upon the dissolution of the former SFR Yugoslavia. It entered into force on 2 June 2004, when the last successor state ratified it. The agreement

5800-410: The franchise to be extended beyond Irish citizens. The Third Amendment , passed in 1972, allowed Ireland to accede to the European Communities . In 1986, the government signed the Single European Act (SEA). However, Raymond Crotty sought an injunction against ratification by the state. In Crotty v. An Taoiseach (1987), the Supreme Court held that the further transfer of powers from the state to

5900-415: The gap in the numbering of subsequent amendments. Color key : A referendum was planned to be held on 7 June 2024 on ratification of the Agreement on the Unified Patent Court . However, in April 2024, the government indicated that it was considering postponing the referendum. The following bills have been on the order paper for consideration in the Oireachtas. In People (AG) v. O'Callaghan (1966),

6000-405: The kind found in many other countries. There were two failed amendments that would have excluded suicide as grounds for abortion, the Twelfth Amendment of the Constitution Bill 1992 and the Twenty-fifth Amendment of the Constitution Bill 2001 . The Protection of Life During Pregnancy Act 2013 made provisions for the finding of the court in the X Case, allowing abortion where the life of the woman

6100-427: The later establishment of the Court, and transitory provisions which would not appear in later printed official versions. As a transitional measure, for the first three years after the election of the first President of Ireland a bill to amend the Constitution could be passed by the Oireachtas as an ordinary act. An amendment bill before the election of the first President (on 25 June 1938) would have required

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6200-431: The mainland. At the start of the Cold War the PRC was recognized by few states; the ROC continued to represent "China" in the United Nations and hold the permanent seat on the UN Security Council . In 1971, the PRC replaced the ROC in the UN through General Assembly Resolution 2758 ; this followed a trend of greater recognition for the PRC at the expense of the ROC. Although the resolution makes no mention of Taiwan ,

6300-426: The methods of communications with such clinics, and Society for the Protection of Unborn Children (Ireland) Ltd. v Grogan (1989), which placed an injunction restraining three students' unions from distributing information in relation to abortion available outside the state. The Eighth Amendment was repealed in 2018 with the passage of the Thirty-sixth Amendment , thus allowing abortion to be legalised again. Before

6400-412: The new Dáil after the next general election , a range of other changes to the Constitution would have been triggered. These are listed in three separate schedules to the bill. The two transitional articles would not have been printed in official versions of the Constitution after the date of abolition; this emulates the handling of the 1937 transitional articles by which the current Irish state succeeded

6500-399: The nine member countries of the Commonwealth of Independent States . All Soviet embassies became Russian embassies. Ukraine , the successor state of the Ukrainian Soviet Socialist Republic (legally ) being one of the founding members of the Soviet Union, has not recognized the exclusive Russian claims to succession of the Soviet Union and claimed such status for Ukraine as well, which

6600-406: The number of TDs by 20, it would "save an estimated €150m over the term of a Dáil." This contrasted with a speech he had made in July 2009 arguing for reform rather than abolition of the Seanad. In August 2013, a pro-Seanad advocate alleged that Kenny's change was spurred by a "secret report" from party advisers; Fine Gael responded that the document in question had been published in March 2010. In

6700-556: The old State and will not, of course, have membership in the United Nations. In International Law, the situation is analogous to the separation of the Irish Free State from Britain, and Belgium from the Netherlands. In these cases the portion which separated was considered a new State, and the remaining portion continued as an existing State with all the rights and duties which it had before. The Soviet Union (USSR) dissolved in 1991 , which together with its Ukrainian SSR and Byelorussian SSR as separate United Nations members , co-founded

6800-458: The opportunity the Seanad provided for cross-border input to the state's politics. Several TDs from the governing Labour Party, including its chief whip Emmet Stagg , said that they would vote against abolition in the referendum, while supporting the bill in the Oireachtas. The Union of Students in Ireland campaigned for a no vote. Commentators including Vincent Browne suggested that Enda Kenny's 2009 announcement of his intention to abolish

6900-408: The post-1937 Seanad. Many other consequential changes involved the replacement of "[either/both] House[s] of the Oireachtas" with "Dáil Éireann". Some changes were less mechanical: Arguments in favour of the bill included: that abolition would save money; that the number of legislators is too large relative to the state's population; that the method of selection is elitist and undemocratic; and that

7000-423: The referendum passed and the final certificate has issued, the amendment must be signed into law by the President "forthwith". Provided that the correct procedure has been complied with, the President cannot veto an amendment. The dates given for the amendments listed in this article are, unless otherwise stated, the dates on which they were signed into law. The shortest gap between the referendum and signing into law

7100-418: The referendum returning officer signs a provisional referendum certificate, and publishes a copy in Iris Oifigiúil . Anyone wishing to challenge the results of the referendum then has seven days to apply to the High Court for leave to present a referendum petition. If no one makes such an application, if leave is not granted, or if a petition is dismissed, the referendum certificate becomes final. When

7200-509: The referendum, then the government would consider proposals for reform of the Seanad instead. Others pointed out that reform was not an option listed on the ballot paper. On 20 September, when Micheál Martin asked in leader's questions whether the Taoiseach would reform the Seanad if the referendum were defeated, his response was, "Deputy Martin will not walk me down that avenue." On 23 September, Richard Bruton said there were no plans to reform

7300-399: The referendum, this team would have remained in place to plan consequent changes to statute law to remove from it all references to the Seanad. These changes would have needed to be in place before a new Dáil met following the next general election. After the bill was passed by the Seanad on 23 July 2013, a tweet from Fine Gael stated that the date of the referendum would be 4 October. There

7400-419: The refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. The Amendment was passed by 75% to 25%. In Maguire v. Ardagh (2002), the Supreme Court held that Oireachtas Inquiries did not have the power to compel witnesses to attend and to make findings against them. The Thirtieth Amendment of

7500-399: The rules of succession of states, the 1978 Vienna Convention entered into force on November 6, 1996. In their application to the acquisition of independence, distinctions should be drawn between different cases though the line of demarcation is not always clear: There are several recent examples where a succession of states, as described above, has not been entirely adhered to. This

7600-430: The situation is one in which part of an existing State breaks off and becomes a new State. On this analysis there is no change in the international status of India; it continues as a State with all treaty rights and obligations, and consequently with all rights and obligations of membership in the United Nations. The territory which breaks off—Pakistan—will be a new State. It will not have the treaty rights and obligations of

7700-469: The structure of Oireachtas committees and standing orders for discussing bills, additional to those necessitated by Seanad abolition. The bill's second reading in the Dáil began on 13 June 2013, and it passed all stages there on 25 June. The Dáil then passed a resolution on the wording of the ballot paper question. The bill was introduced in the Seanad the next day, and passed its final stage there on 23 July, by 33 votes to 25. Two Senators nominated by

7800-492: The successful passage through the Oireachtas of the relevant amendment bill. The earlier establishment in this case was in response to complaints that previous referendum campaigns had been too short to enable the electorate to form a considered opinion. A small team of officials from the Department of the Taoiseach assisted the government's campaign to have the bill passed. In the event of the bill's receiving majority approval in

7900-420: The territory of the Irish Free State as remaining in force. Israel took the view that, by virtue of its declaration of independence in 1948 , a new international personality from Mandatory Palestine was created, and that it started with a clean slate, and was bound only by such of the former international obligations affecting the territory as Israel might accept. When Democratic Kampuchea led by Pol Pot

8000-491: The time the amendment became law, expected to be autumn 2013, and the time the abolition was to take effect at the next election, which might not have been until 2016. The bill was discussed at cabinet in early May 2013, and on 5 June approved by cabinet, though minister Joan Burton said they had not reviewed the bill in detail. The bill was published that evening at a press conference at which Kenny and Tánaiste Eamon Gilmore both spoke. The government also promised changes to

8100-617: The time was signed by only six states, including SRF Yugoslavia). This proposal was unacceptable to the Federal Republic of Yugoslavia which therefore motivated the International Monetary Fund to develop an alternative key model which considered the economic power of republics and their contribution to the federal budget, which was accepted by all. The key determined participation of Federal Republic of Yugoslavia with 36.52%, Croatia with 28.49%, Slovenia 16.39%, Bosnia and Herzegovina with 13.20% and Macedonia with 5.20%. An agreement

8200-443: The view that when a new state comes into being after formerly being part of an older state, its acceptance of treaty relationships established by the older state is a matter for the new state to determine by express declaration, or by conduct in the case of each individual treaty. In practice, however, the Irish regarded the commercial and administrative treaties of the United Kingdom of Great Britain and Ireland previously applying to

8300-443: The week before the referendum, the reasons given by prospective no-voters were: as a check on the government (54%), because they disliked the government (20%), and because they did not believe there would be significant cost savings (6%). Fianna Fáil stated that it opposed abolition and instead supported reform of the Seanad. The Green Party opposed abolition as concentrating power in a "smaller political circle". On 25 September 2013

8400-400: Was a war of independence, or a civil war that led to a regime change. The question of state succession is relevant to the issue of Armenian genocide reparations . After Pakistan was created in 1947 , it claimed that it was automatically a member of the United Nations . The United Nations Secretariat , however, expressed the following opinion: From the viewpoint of International Law,

8500-506: Was admitted as a new member to the United Nations on 1 November 2000; in May 2006, Montenegro declared independence and Serbia continued to hold the federation's seat. Additionally, Kosovo declared independence in February 2008 . The first negotiations on succession issues of the former Socialist Yugoslavia began in 1992 within the framework of the Working Group on Succession Issues of

8600-594: Was also reached on gold and other reserves at the Bank for International Settlements , but the final conclusion was postponed by the beginning of the Kosovo War . After the end of the NATO bombing of Yugoslavia followed next year by the overthrow of Slobodan Milošević , the successor states concluded their agreement. In 2001, with the support of the international community, five countries ( Slovenia , Croatia , Bosnia and Herzegovina ,

8700-515: Was at risk, including a risk of suicide. The Thirteenth Amendment was passed in 1992, to guarantee a right to travel. This addressed the injunction which the High Court had granted in the X Case to order the return of the girl to the country. Though the injunction was lifted by the Supreme Court, a majority of the Court had found that were it not for the risk to life of the defendant, an injunction would have been maintained. The Fourteenth Amendment

8800-512: Was criticism of the manner of the announcement, and the government denied later that evening that a formal decision on the date had been made. The next day, the Local Government Minister Phil Hogan made the necessary order establishing 4 October as the date for the referendum on the Seanad bill, and for a separate referendum on another Constitutional amendment to establish a Court of Appeal. The Fine Gael "yes" vote campaign

8900-495: Was headed by minister Richard Bruton , assisted by first-term TD Regina Doherty , who described the Seanad as "shockingly undemocratic" at the press conference launching the campaign. David Norris stated in the Seanad, "I object in the strongest possible way to the idea that someone who has spent years in the House should have to listen to the Regina monologue from someone who has not been

9000-592: Was identical to Provisional Government of the Republic of Korea and that the Provisional Government succeeded the Korean Empire . An important tenet of the modern state of  Republic of Korea is that the Korean Empire's incorporation into the Empire of Japan from 1910 to 1945 is internationally recognized as an illegal occupation. South Korea resumed membership to international organizations such as

9100-602: Was militarily displaced by the Vietnamese -backed People's Republic of Kampuchea , the country's United Nations seat was held by Democratic Kampuchea for many years. It is now held by the Kingdom of Cambodia . When the Provisional Government of the Republic of Korea was formed in 1919, it claimed continuity directly from Korea's pre-1910 status. When the modern Republic of Korea was formed in 1948, it claimed that it

9200-523: Was moderated by Miriam O'Callaghan . The Sunday Independent on 29 September reported that Fine Gael had been limiting media access to Enda Kenny, and had singled out high-profile Independent senators Feargal Quinn and John Crown to criticise their attendance. Harry McGee of The Irish Times suggested that voter turnout would be low, with middle-class graduates with a vote in the Seanad university constituencies more likely both to vote and to vote No, and that Sinn Féin's campaign could be crucial for

9300-483: Was not possible to estimate how much of this cost would be saved by abolishing the Seanad. Arguments opposing the bill included: that a No-vote will create a mandate for reform of the Seanad; that the process of legislation needs greater scrutiny; that most Westminster system countries have bicameral legislatures; and that the Irish financial crisis shows a need for more governance . In an opinion poll for The Irish Times

9400-641: Was passed on the same day in 1992, to guarantee that the ban on abortion would not limit freedom to obtain or make available information relating to services lawfully available in another state. This was in response to two cases: Attorney General (Society for the Protection of Unborn Children (Ireland) Ltd.) v Open Door Counselling Ltd. and Dublin Wellwoman Centre Ltd. (1988), which granted an injunction restraining two counseling agencies from assisting women to travel abroad to obtain abortions or informing them of

9500-520: Was politically divided during several sustained periods historically, with two or more states simultaneously existing on territories associated with "China" and claiming to represent "China". Examples include the Three Kingdoms , Sixteen Kingdoms , Northern and Southern dynasties , Five Dynasties and Ten Kingdoms periods, Warlord Era and the Chinese Soviet Republic among others. Just as

9600-459: Was published in 2013. Dublin City Council apologised after using an out-of-date electoral register file to generate polling information cards; this resulted in 35,000 voters and deceased people receiving incorrect information about where to vote. Cards were regenerated using the correct data. Kenny's reaction included that he was "personally disappointed" but that "sometimes in politics you get

9700-639: Was stated in Articles 7 and 8 of Law on the Succession of Ukraine issued in 1991. After independence, Ukraine has continued to pursue claims against the Russian Federation in foreign courts, seeking to recover its share of the foreign property that was formerly owned by the Soviet Union. A special case for the Baltic states had existed. An important tenet of the modern states of Estonia , Latvia and Lithuania

9800-702: Was to be a successor to the Soviet seat on the Security Council among the former Soviet republics, these factors made Russia seem a logical choice. In a letter dated 24 December 1991, the Russian President Boris Yeltsin informed the Secretary-General that the membership of the USSR in the Security Council and all other United Nations organs was being continued by the Russian Federation with the support of

9900-439: Was to discuss annulling a 2012 statutory instrument implementing a 2010 EU directive on organ donation . The rarely used power of annulment requires resolutions by both Houses. A petition to recall the Dáil was unsuccessful, and Fine Gael accused Daly of an expensive and ineffectual publicity stunt relating to the Seanad abolition campaign. Some government members suggested that if the abolition amendment were to be rejected at

10000-424: Was twelve days for the 18th, 19th and 20th amendments. The longest was 899 days for the 31st amendment. No referendum has ever been annulled by the courts. The Nineteenth Amendment , passed in May 1998, introduced a novel method of amendment. Its provisions allowed the later amendment to Articles 2 and 3 of the Constitution in 1999. The Nineteenth Amendment did not itself amend those articles, but rather introduced

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