The Irish Constitution

SECTION II. – LEGISLATIVE PROVISIONSE. – Referendum and Initiative

Article 46.

Any Bill passed or deemed to have been passed by both Houses may be suspended for a period of ninety days on the written demand of two-fifths of the members of the Chamber/Dail Eireann or of a majority of the members of the Senate/Seanad Eireann presented to the President of the Executive Council not later than seven days from the day on which such Bill shall have been so passed or deemed to have been so passed. Such a Bill shall be submitted by Referendum to the decision of the people if demanded before the expiration of the ninety days either by a resolution of the Senate/Seanad Eireann assented to by three-fifths of the members of the Senate/Seanad Eireann, or by a petition signed by not less than one-twentieth of the voters then on the register of voters, and the decision of the people on such referendum shall be conclusive. These provisions shall not apply to Money Bills or to such Bills as shall be declared by both Houses to be necessary for the immediate preservation of the public peace, health or safety.

Article 47.

The Parliament/Oireachtas may provide for the initiation by the people of proposals for laws or constitutional amendments. Should the Parliament/Oireachtas fail to make such provision within two years, it shall on the petition of not less than one hundred thousand voters on the register, of whom not more than twenty thousand shall be voters in any one constituency, either make such provisions or submit the question to the people for decision in accordance with the ordinary regulations governing the Referendum. Any legislation passed by the Parliament/Oireachtas providing for such initiation by the people shall provide (1) that such proposals may be initiated on a petition of fifty thousand voters on the register, (2) that if the Parliament/Oireachtas rejects a proposal so initiated it shall be submitted to the people for decision in accordance with the ordinary regulations governing the Referendum; and (3) that if the Parliament/Oireachtas enacts a proposal so initiated, such enactment shall be subject to the provisions respecting ordinary legislation or amendments of the Constitution as the case may be.

Article 48.

Save in the case of actual invasion, the Irish Free State/Saorstat Eireann shall not be committed to active participation in any war without the assent of the Parliament/Oireachtas.

Article 49.

Amendments of this Constitution within the terms of the Scheduled Treaty may be made by the Parliament/Oireachtas but every such amendment must be submitted to a Referendum of the people and shall not be passed unless a majority of the voters on the register record their votes and either a majority of the voters on the register or two-thirds of the votes recorded are in favour of the amendment.

SECTION III. – THE EXECUTIVEA. – Executive Council/Aireacht

Article 50.

The Executive Authority of the Irish Free State/Saorstat Eireann is hereby declared to be vested in the King, and shall be exercisable, in accordance with the law, practice and constitutional usage governing the exercise of the executive authority in the case of the Dominion of Canada, by the Representative of the Crown. There shall be a Council to aid and advise in the government of the Irish Free State/Saorstat Eireann to be styled the Executive Council/Aireacht. The Executive Council shall be responsible to the Chamber/Dail Eireann, and shall consist of not more than twelve Ministers/Airi appointed by the Representative of the Crown, of whom four Ministers shall be Members of the Chamber/Dail Eireann and a number not exceeding eight, chosen from all citizens eligible for election to the Chamber/Dail Eireann, who shall not be members of Parliament/Oireachtas during their term of Office, and who, if at the time of their appointment they are members of Parliament/Oireachtas, shall by virtue of such appointment vacate their seats; Provided that the Chamber/Dail Eireann may from time to time on the motion of the President of the Executive Council determine that a particular Minister or Ministers not exceeding three, may be members of Parliament/Oireachtas in addition to the four members of the Chamber/Dail Eireann above mentioned.

Article 51.

The Ministers who are required to be members of the Chamber/Dail Eireann shall include the President of the Executive Council/Uachtaran and the Vice-President of the Executive Council/Tanaist.

The President of the Executive Council shall be the chief of the Executive Council and shall be appointed on the nomination of the Chamber/Dail, and the Vice-President of the Executive Council and the other Ministers who are members of Parliament/Oireachtas shall be appointed on the nomination of the President of the Executive Council; and he and the Ministers nominated by him shall retire from office should he fail to be supported by a majority in the Chamber/Dail, but the President of the Executive Council and such Ministers shall continue to carry on their duties until their successors are appointed.

Article 52.

Ministers who are not members of the Parliament/Oireachtas shall be nominated by a Committee of members of the Chamber/Dail Eireann chosen by a method to be determined by the Chamber/Dail so as to be impartially representative of the Chamber/Dail. Such Ministers shall be chosen with due regard to their suitability for office and should as far as possible be generally representative of the Irish Free State/Saorstat Eireann as a whole rather than of groups or of parties. Should a nomination not be acceptable to the Chamber/Dail, the Committee shall continue to propose names until one is found acceptable.

Article 53.

Each Minister not a member of the Parliament/Oireachtas shall be the responsible head of the Executive Department or Departments as head of which he has been appointed as aforesaid; Provided that should arrangements for Functional or Vocational Councils be made by the Parliament/Oireachtas these Ministers or any of them may, should the Parliament/Oireachtas so decide, be members of and be nominated on the advice of such Councils. The term of office of any such Minister shall be the term of the Chamber/Dail Eireann existing at the time of his appointment or such other period as may be fixed by law, but he shall continue in office until his successor shall have been appointed: and no such Minister shall be removed from Office during his term unless the proposal to remove him has been previously submitted to a Committee chosen by a method to be determined by the Chamber/Dail so as to be impartially representative of the Chamber/Dail and then only if the Committee shall have reported that such Minister has been guilty of malfeasance in office or has not been performing his duties in a competent and satisfactory manner, or has failed to carry out the lawfully-expressed will of Parliament/Oireachtas.

Article 54.

The Ministers who are members of the Parliament/Oireachtas shall alone be responsible for all matters relating to external affairs whether policy, negotiations, or executive acts. Subject to the foregoing provisions, the Executive Council shall meet and act as a collective authority: Provided, however, that each Minister shall be individually responsible to the Chamber/Dail Eireann for the administration of the Department or Departments of which he is head.

Article 55.

Ministers who are not members of the Chamber/Dail Eireann shall by virtue of their office possess all the rights and privileges of a member of the Chamber/Dail except the right to vote, and shall, if not members of the Parliament/Oireachtas, comply with the provisions of Article 17 as if they were members of the Chamber/Dail, and may be required by the Chamber/Dail to attend and answer questions.

Article 56.

Should the President of the Executive Council die, resign or be permanently incapacitated, the Vice-President of the Executive Council shall act in his place until a President of the Executive Council shall be elected. The Vice-President of the Executive Council shall also act in the place of the President of the Executive Council during his temporary absence.

Article 57.

The members of the Executive Council shall receive such remuneration as may from time to time be prescribed by law, but the remuneration of any Minister shall not be diminished during his term of office.

Article 58.

The Representative of the Crown, who shall be styled the Governor-General of the Irish Free State, shall be appointed in like manner as the Governor-General of Canada and in accordance with the practice observed in the making of such appointments. The salary of the Governor-General of the Irish Free State shall be of the like amount as that now payable to the Governor-General of the Commonwealth of Australia and shall be charged on the public funds of the Irish Free State/Saorstat Eireann and suitable provision shall be made out of those funds for the maintenance of his official residence and establishment.

Article 59.

The Executive Council shall prepare the Budget of receipts and expenditure of the Irish Free State/Saorstat Eireann for each financial year and shall present it to the Chamber/Dail Eireann before the close of the previous financial year.

SECTION III. – THE EXECUTIVEB. – Financial Control

Article 60.

All revenues of the Irish Free State/Saorstat Eireann from whatever source arising, shall, subject to such exception as may be provided by law, form one fund, and shall be appropriated for the purposes of the Irish Free State/Saorstat Eireann in the manner and subject to the charges and liabilities imposed by law.

Article 61.

The Chamber/Dail Eireann shall appoint a Comptroller and Auditor-General to act on behalf of the Irish Free State/Saorstat Eireann. He shall control all disbursements and shall audit all accounts of moneys administered by or under the authority of the Parliament/Oireachtas and shall report to the Chamber/Dail at stated periods to be determined by law.

Article 62.

The Comptroller and Auditor-General shall not be removed except for stated misbehaviour or incapacity on resolutions passed by the Chamber/Dail Eireann and the Senate/Seanad Eireann. Subject to this provision the terms and conditions of his tenure of office shall be fixed by law. He shall not be a member of the Parliament/Oireachtas nor shall he hold any other office or position of emolument.

SECTION IV. – THE JUDICIARY

Article 63.

The judicial power of the Irish Free State/Saorstat Eireann shall be exercised and justice administered in the public Courts established by Parliament/Oireachtas by judges appointed in manner hereinafter provided. These Courts shall comprise Courts of First Instance and a Court of Final Appeal to be called the Supreme Court (Cuirt Uachtarach). The Courts of First Instance shall include a High Court (Ard Chuirt), invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal, and also Courts of local and limited jurisdiction with a right of appeal as determined by law.

Article 64.

The judicial power of the High Court shall extend to the question of the validity of any law having regard to the provisions of the Constitution. In all cases in which such matters shall come into question, the High Court alone shall exercise original jurisdiction.

Article 65.

The Supreme Court of the Irish Free State/Saorstat Eireann shall, with such exceptions (not including cases which involve questions as to the validity of any law) and subject to such regulations as may be prescribed by law, have appellate jurisdiction from all decisions of the High Court. The decision of the Supreme Court shall in all cases be final and conclusive, and shall not be reviewed or capable of being reviewed by any other Court, Tribunal or Authority whatsoever.

Provided that nothing in this Constitution shall impair the right of any person to petition His Majesty for special leave to appeal from the Supreme Court to His Majesty in Council or the right of His Majesty to grant such leave.

Article 66.

The number of judges, the constitution and organisation of, and distribution of business and jurisdiction among, the said Courts and judges, and all matters of procedure shall be as prescribed by the laws for the time being in force and the regulations made thereunder.

Article 67.

The judges of the Supreme Court and of the High Court and of all other Courts established in pursuance of this Constitution shall be appointed by the Representative of the Crown on the advice of the Executive Council. The Judges of the Supreme Court and of the High Court shall not be removed except for stated misbehaviour or incapacity, and then only by resolutions passed by both the Chamber/Dail Eireann and the Senate/Seanad Eireann. The age of retirement, the remuneration and the pension of such judges on retirement and the declarations to be taken by them on appointment shall be prescribed by law. Such remuneration may not be diminished during their continuance in office. The terms of appointment of the judges of such other courts as may be created shall be prescribed by law.

Article 68.

All judges shall be independent in the exercise of their functions, and subject only to the Constitution and the law. A judge shall not be eligible to sit in Parliament/Oireachtas, and shall not hold any other office or position of emolument.

Article 69.

No one shall be tried save in due course of law and extraordinary courts shall not be established. The jurisdiction of Courts Martial shall not be extended to or exercised over the civil population save in time of war, and for acts committed in time of war, and in accordance with the regulations to be prescribed by law. Such jurisdiction shall not be exercised in any area in which the civil courts are open or capable of being held, and no person shall be removed from one area to another for the purpose of creating such jurisdiction.

Article 70.

A member of the armed forces of the Irish Free State/Saorstat Eireann not on active service shall not be tried by any Court Martial for an offence cognisable by the Civil Courts.

Article 71.

No person shall, save in case of summary jurisdiction prescribed by law for minor offences, be tried without a jury on any criminal charge.

SECTION V. – TRANSITORY PROVISIONS

Article 72.

Subject to this Constitution and to the extent to which they are not inconsistent therewith, the laws in force in the Irish Free State/Saorstat Eireann at the date of the coming into operation of this Constitution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended by enactment of the Parliament/Oireachtas.

Article 73.

Until Courts have been established for the Irish Free State/Saorstat Eireann in accordance with this Constitution, the Supreme Court of Judicature, County Courts, Courts of Quarter Sessions and Courts of Summary Jurisdiction, as at present existing, shall for the time being continue to exercise the same jurisdiction as heretofore, and any judge or justice, being a member of any such Court, holding office at the time when this Constitution comes into operation, shall for the time being continue to be a member thereof and hold office by the like tenure and upon the like terms as heretofore, unless, in the case of a judge of the said Supreme Court or of a County Court, he signifies to the Representative of the Crown his desire to resign. Any vacancies in any of the said Courts so continued may be filled by appointment made in like manner as appointments to judgeships in the Courts established under this Constitution.

Provided that the provisions of Article 65 as to the decisions of the Supreme Court established under this Constitution shall apply to decisions of the Court of Appeal continued by this Article.

Article 74.

If any judge of the said Supreme Court of Judicature or of any of the said County Courts resigns as aforesaid, or if any such judge, on the establishment of Courts under this Constitution, is not with his consent appointed to be a judge of any such Court, he shall, for the purpose of Article 10 of the Scheduled Treaty, be treated as if he had retired in consequence of the change of Government effected in pursuance of the said Treaty, but the rights so conferred shall be without prejudice to any rights or claims that he may have against the British Government.

Article 75.

Every existing Officer of the Provisional Government who has been transferred to that Government from the British Government and every existing Officer of the British Government, who, at the date of the coming into operation of this Constitution, is engaged or employed in the administration of public services which on that date become public services of the Irish Free State/Saorstat Eireann (except those whose services have been lent by the British Government to the Provisional Government) shall on that date be transferred to and become an Officer of the Irish Free State/Saorstat Eireann and shall hold office by a tenure corresponding to his previous tenure, and shall be entitled to the benefit of Article 10 of the Scheduled Treaty.

Article 76.

As respects departmental property, assets, rights, and liabilities, the Government of the Irish Free State/Saorstat Eireann shall be regarded as the successors of the Provisional Government, and, to the extent to which functions of any department of the British Government become functions of the Government of the Irish Free State/Saorstat Eireann, as the successors of such department of the British Government.

Article 77.

After the date on which this Constitution comes into operation the House of the Parliament elected in pursuance of the Irish Free State (Agreement) Act, 1922 (being the constituent assembly for the settlement of this Constitution), may, for a period not exceeding one year from that date, but subject to compliance by the Members thereof with the provisions of Article 17 of this Constitution, exercise all the powers and authorities conferred on the Chamber/Dail Eireann by this Constitution, and the first election for the Chamber/Dail Eireann under Articles 26 and 27 hereof shall take place as soon as possible after the expiration of such period.

Article 78.

The first Senate/Seanad Eireann shall be constituted immediately after the coming into operation of this Constitution in the manner following, that is to say: —

(a) The first Senate/Seanad shall consist of two members elected by each of the Universities in the Irish Free State/Saorstat Eireann and fifty-six other members, of whom twenty-eight shall be elected and twenty-eight shall be nominated.

(b) The twenty-eight nominated members of the Senate/Seanad shall be nominated by the President of the Executive Council who shall, in making such nominations, have special regard to the providing of representation for groups or parties not then adequately represented in the Chamber/Dail.

(c) The twenty-eight elected members of the Senate/Seanad shall be elected by the Chamber/Dail Eireann voting on principles of Proportional Representation.

(d) Of the University members one member elected by each University, to be elected by lot, shall hold office for six years, the remaining University members shall hold office for the full period of twelve years.

(e) Of the twenty-eight nominated members, fourteen, to be selected by lot, shall hold office for the full period of twelve years, the remaining fourteen shall hold office for the period of six years.

(f) Of the twenty-eight elected members the first fourteen elected shall hold office for the period of nine years, the remaining fourteen shall hold office for the period of three years.

(g) At the termination of the period of office of any such members, members shall be elected in their place in manner provided by Article 31.

(h) Casual vacancies shall be filled in manner provided by Article 33.

(i) For the purpose of the election of members for any University under this Article, all persons whose names appear on the register for the University in force at the date of the coming into operation of this Constitution shall, notwithstanding anything in Article 14, be entitled to vote.

Article 79.

The passing and adoption of this Constitution by the Constituent Assembly and the British Parliament shall be announced as soon as may be, and not later than the sixth day of December, Nineteen hundred and twenty-two, by Proclamation of His Majesty and this Constitution shall come into operation on the issue of such Proclamation.

SCHEDULE

Articles of Agreement for a Treaty between Great Britain and Ireland, dated the Sixth day of December, Nineteen Hundred and Twenty-one

1. Ireland shall have the same constitutional status in the Community of Nations known as the British Empire as the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, and the Union of South Africa, with a Parliament having powers to make laws for the peace order and good government of Ireland and an Executive responsible to that Parliament, and shall be styled and known as the Irish Free State.

2. Subject to the provisions hereinafter set out the position of the Irish Free State in relation to the Imperial Parliament and Government and otherwise shall be that of the Dominion of Canada, and the law, practice and constitutional usage governing the relationship of the Crown or the representative of the Crown and of the Imperial Parliament to the Dominion of Canada shall govern their relationship to the Irish Free State.

3. The representative of the Crown in Ireland shall be appointed in like manner as the Governor-General of Canada, and in accordance with the practice observed in the making of such appointments.

4. The oath to be taken by Members of the Parliament of the Irish Free State shall be in the following form: —

I … do solemnly swear true faith and allegiance to the Constitution of the Irish Free State as by law established and that I will be faithful to H.M. King George V., his heirs and successors by law in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of Nations.

5. The Irish Free State shall assume liability for the service of the Public Debt of the United Kingdom as existing at the date hereof and towards the payment of war pensions as existing at that date in such proportion as may be fair and equitable, having regard to any just claims on the part of Ireland by way of set off or counterclaim, the amount of such sums being determined in default of agreement by the arbitration of one or more independent persons being citizens of the British Empire.

6. Until an arrangement has been made between the British and Irish Governments whereby the Irish Free State undertakes her own coastal defence, the defence by sea of Great Britain and Ireland shall be undertaken by His Majesty’s Imperial Forces, but this shall not prevent the construction or maintenance by the Government of the Irish Free State of such vessels as are necessary for the protection of the Revenue or the Fisheries.

The foregoing provisions of this article shall be reviewed at a conference of Representatives of the British and Irish Governments to be held at the expiration of five years from the date hereof with a view to the undertaking by Ireland of a share in her own coastal defence.

7. The Government of the Irish Free State shall afford to His Majesty’s Imperial Forces: —

(a) In time of peace such harbour and other facilities as are indicated in the Annex hereto, or such other facilities as may from time to time be agreed between the British Government and the Government of the Irish Free State; and

(b) In time of war or of strained relations with a Foreign Power such harbour and other facilities as the British Government may require for the purposes of such defence as aforesaid.

8. With a view to securing the observance of the principle of international limitation of armaments, if the Government of the Irish Free State establishes and maintains a military defence force, the establishments thereof shall not exceed in size such proportion of the military establishments maintained in Great Britain as that which the population of Ireland bears to the population of Great Britain.