Ireland's Constitution of 1937 with Amendments through 2012

1 PDF generated: 26 Aug 2021, 16:32 This complete Constitution has been generated from excerpts of texts from the repository of theComparative Constitutions Project, and distributed on 's Constitution of 1937with Amendments generated: 26 Aug 2021, 16:32 Page 2 Ireland 1937 (rev. 2012 )Table of contents .. 3 Preamble .. 3 THE NATION .. 4 THE STATE .. 5 THE PRESIDENT .. 10 THE NATIONAL PARLIAMENT .. 22 THE GOVERNMENT .. 24 LOCAL GOVERNMENT .. 25 INTERNATIONAL RELATIONS .. 27 THE ATTORNEY GENERAL .. 28 THE COUNCIL OF STATE .. 29 THE COMPTROLLER AND AUDITOR GENERAL .. 29 THE COURTS .. 32 TRIAL OF OFFENCES .. 33 FUNDAMENTAL RIGHTS .. 38 DIRECTIVE PRINCIPLES OF SOCIAL POLICY .. 39 THE REFERENDUM .. 40 REPEAL OF Constitution OF SAORST T IREANN AND CONTINUANCEOF generated: 26 Aug 2021, 16:32 Page 3 Ireland 1937 (rev. 2012 )Preamble PreambleIn the Name of the Most Holy Trinity, from Whom is all authority and to Whom, asour final end, all actions both of men and States must be referred, God or other deitiesWe, the people of ire, Source of constitutional authorityHumbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Whosustained our fathers through centuries of trial, God or other deitiesGratefully remembering their heroic and unremitting struggle to regain the rightfulindependence of our Nation, Motives for writing constitutionAnd seeking to promote the common good, with due observance of Prudence,Justice and Charity, so that the dignity and freedom of the individual may be assured,true social order attained, the unity of our country restored, and concord establishedwith other nations, Human dignity Motives for writing constitutionDo hereby adopt.

2 Enact, and give to ourselves this Constitution . Source of constitutional authorityTHE NATIONARTICLE 1 Inalienable rightsThe Irish nation hereby affirms its inalienable, indefeasible, and sovereign right tochoose its own form of Government, to determine its relations with other nations,and to develop its life, political, economic and cultural, in accordance with its owngenius and 2 Requirements for birthright citizenshipIt is the entitlement and birthright of every person born in the island of Ireland,which includes its islands and seas, to be part of the Irish Nation. That is also theentitlement of all persons otherwise qualified in accordance with law to be citizensof Ireland. Furthermore, the Irish nation cherishes its special affinity with people ofIrish ancestry living abroad who share its cultural identity and is the firm will of the Irish Nation, in harmony and friendship, to unite all thepeople who share the territory of the island of Ireland, in all the diversity of theiridentities and traditions, recognising that a united Ireland shall be brought aboutonly by peaceful means with the consent of a majority of the people,democratically expressed, in both jurisdictions in the island.

3 Until then, the lawsenacted by the Parliament established by this Constitution shall have the likearea and extent of application as the laws enacted by the Parliament thatexisted immediately before the coming into operation of this with executive powers and functions that are shared between thosejurisdictions may be established by their respective responsible authorities forstated purposes and may exercise powers and functions in respect of all or anypart of the generated: 26 Aug 2021, 16:32 Page 4 Ireland 1937 (rev. 2012 )THE STATEARTICLE 4 The name of the State is ire, or, in the English language, 5 Type of government envisionedIreland is a sovereign, independent, democratic powers of government, legislative, executive and judicial, derive, under God,from the people, whose right it is to designate the rulers of the State and, in finalappeal, to decide all questions of national policy, according to the requirementsof the common good.

4 God or other powers of government are exercisable only by or on the authority of theorgans of State established by this 7 National flagThe national flag is the tricolour of green, white and 8 Official or national Irish language as the national language is the first official English language is recognised as a second official may, however, be made by law for the exclusive use of either of thesaid languages for any one or more official purposes, either throughout the Stateor in any part 9 Requirements for birthright citizenship1. 1 .On the coming into operation of this Constitution any person who was acitizen of Saorst t ireann immediately before the coming into operation ofthis Constitution shall become and be a citizen of Ireland. 2 .The future acquisition and loss of Irish nationality and citizenship shall bedetermined in accordance with law.

5 Requirements for naturalization 3 .No person may be excluded from Irish nationality and citizenship by reasonof the sex of such person. Conditions for revoking citizenship2. 1 .Notwithstanding any other provision of this Constitution , a person born inthe island of Ireland, which includes its islands and seas, who does not have,at the time of the birth of that person, at least one parent who is an Irishcitizen or entitled to be an Irish citizen is not entitled to Irish citizenship ornationality, unless provided for by generated: 26 Aug 2021, 16:32 Page 5 Ireland 1937 (rev. 2012 ) 2 .This section shall not apply to persons born before the date of theenactment of this section, to the nation and loyalty to the State are fundamental political duties ofall 10 Ownership of natural natural resources, including the air and all forms of potential energy, withinthe jurisdiction of the Parliament and Government established by thisConstitution and all royalties and franchises within that jurisdiction belong tothe State subject to all estates and interests therein for the time being lawfullyvested in any person or land and all mines.

6 Minerals and waters which belonged to Saorst t ireannimmediately before the coming into operation of this Constitution belong to theState to the same extent as they then belonged to Saorst t may be made by law for the management of the property whichbelongs to the State by virtue of this Article and for the control of the alienation,whether temporary or permanent, of that may also be made by law for the management of land, mines, mineralsand waters acquired by the State after the coming into operation of thisConstitution and for the control of the alienation, whether temporary orpermanent, of the land, mines, minerals and waters so 11 All revenues of the State from whatever source arising shall, subject to suchexception as may be provided by law, form one fund, and shall be appropriated forthe purposes and in the manner and subject to the charges and liabilities determinedand imposed by PRESIDENTARTICLE shall be a President of Ireland (Uachtar n na h ireann), hereinafter calledthe President, who shall take precedence over all other persons in the State andwho shall exercise and perform the powers and functions conferred on thePresident by this Constitution and by 1.

7 The President shall be elected by direct vote of the people. Head of state selection 2 .Every citizen who has the right to vote at an election for members of D il ireann shall have the right to vote at an election for President. 3 .The voting shall be by secret ballot and on the system of proportionalrepresentation by means of the single transferable vote. Head of state generated: 26 Aug 2021, 16:32 Page 6 Ireland 1937 (rev. 2012 )3. 1 .The President shall hold office for seven years from the date upon which heenters upon his office, unless before the expiration of that period he dies, orresigns, or is removed from office, or becomes permanently incapacitated,such incapacity being established to the satisfaction of the Supreme Courtconsisting of not less than five judges. Head of state term length 2 .A person who holds, or who has held, office as President, shall be eligible forre-election to that office once, but only once.

8 Head of state term limits 3 .An election for the office of President shall be held not later than, and notearlier than the sixtieth day before, the date of the expiration of the term ofoffice of every President, but in the event of the removal from office of thePresident or of his death, resignation, or permanent incapacity establishedas aforesaid (whether occurring before or after he enters upon his office),an election for the office of President shall be held within sixty days aftersuch event. Head of state replacement4. 1 .Every citizen who has reached his thirty-fifth year of age is eligible forelection to the office of President. Minimum age of head of state Eligibility for head of state 2 .Every candidate for election, not a former or retiring President, must benominated either by: Eligibility for head of state less than twenty persons, each of whom is at the time a member ofone of the Houses of the Oireachtas, or the Councils of not less than four administrative Counties (includingCounty Boroughs) as defined by law.

9 3 .No person and no such Council shall be entitled to subscribe to thenomination of more than one candidate in respect of the same election. 4 .Former or retiring Presidents may become candidates on their ownnomination. 5 .Where only one candidate is nominated for the office of President it shallnot be necessary to proceed to a ballot for his to the provisions of this Article, elections for the office of President shallbe regulated by 1 .The President shall not be a member of either House of the Oireachtas. Eligibility for head of state 2 .If a member of either House of the Oireachtas be elected President, he shallbe deemed to have vacated his seat in that House. 3 .The President shall not hold any other office or position of generated: 26 Aug 2021, 16:32 Page 7 Ireland 1937 (rev. 2012 ) first President shall enter upon his office as soon as may be after hiselection, and every subsequent President shall enter upon his office on the dayfollowing the expiration of the term of office of his predecessor or as soon asmay be thereafter or, in the event of his predecessor's removal from office,death, resignation, or permanent incapacity established as provided by section 3hereof, as soon as may be after the President shall enter upon his office by taking and subscribing publicly, inthe presence of members of both Houses of the Oireachtas, of Judges of theSupreme Court and of the High Court, and other public personages, thefollowing declaration.

10 God or other deities Oaths to abide by Constitution "In the presence of Almighty God I , do solemnly and sincerely promise anddeclare that I will maintain the Constitution of Ireland and uphold its laws, that Iwill fulfil my duties faithfully and conscientiously in accordance with theConstitution and the law, and that I will dedicate my abilities to the service andwelfare of the people of Ireland. May God direct and sustain me." President shall not leave the State during his term of office save with theconsent of the 1 .The President may be impeached for stated misbehaviour. Head of state removal 2 .The charge shall be preferred by either of the Houses of the Oireachtas,subject to and in accordance with the provisions of this section. 3 .A proposal to either House of the Oireachtas to prefer a charge against thePresident under this section shall not be entertained unless upon a noticeof motion in writing signed by not less than thirty members of that House.