User:Glide08/Sandbox/Ireland

BUNREACHT NA hÉIREANN

Enacted by the People 1st July, 1937

In operation as from 29th December, 1937

PREAMBLE

In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred,
We, the people of Éire,
Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial,
Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,
And 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 established with other nations,
Do hereby adopt, enact, and give to ourselves this Constitution.

THE NATION

Article 1
The Irish nation hereby affirms its inalienable, indefeasible, and sovereign right to choose 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 own genius and traditions.

Article 2
It 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 the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.

Article 3

The Irish Nation has, in harmony and friendship, united all the people who share the territory of the island of Ireland, in all the diversity of their identities and traditions, by peaceful means with the consent of a majority of the people, democratically expressed in both jurisdictions which have then existed in the island.
The national territory is therefore declared to consist of the whole island of Ireland, which includes its islands and seas.

THE STATE

Article 4
The name of the State is Éire, or, in the English language, Ireland.

Article 5
Ireland is a sovereign, independent, democratic state.

Article 6

All 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 final appeal, to decide all questions of national policy, according to the requirements of the common good.
These powers of government are exercisable only by or on the authority of the organs of State established by this Constitution.

Article 7
The national flag is the tricolour of green, white and orange.

Article 8

The Irish language and the English language are the two official languages.
Because the Irish language is a unique expression of Irish tradition and culture, the State shall take special care to nurture the language and to increase its use.
Provision may, however, be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the State or in any part thereof.

Article 9

1. On the coming into operation of this Constitution any person who was a citizen of Saorstát Éireann immediately before the coming into operation of this Constitution shall become and be a citizen of Ireland.
2. The future acquisition and loss of Irish nationality and citizenship shall be determined in accordance with law.
3. No person may be excluded from Irish nationality and citizenship by reason of the sex of such person.
1. Notwithstanding any other provision of this Constitution, a person born in the 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 Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law.
2. This section shall not apply to persons born before the date of the enactment of this section.
3. Fidelity to the nation and loyalty to the State are fundamental political duties of all citizens.

Article 10

All natural resources, including the air and all forms of potential energy, within the jurisdiction of the Parliament and Government established by this Constitution and all royalties and franchises within that jurisdiction belong to the State subject to all estates and interests therein for the time being lawfully vested in any person or body.
All land and all mines, minerals and waters which belonged to Saorstát Éireann immediately before the coming into operation of this Constitution belong to the State to the same extent as they then belonged to Saorstát Éireann.
Provision may be made by law for the management of the property which belongs to the State by virtue of this Article and for the control of the alienation, whether temporary or permanent, of that property.
Provision may also be made by law for the management of land, mines, minerals and waters acquired by the State after the coming into operation of this Constitution and for the control of the alienation, whether temporary or permanent, of the land, mines, minerals and waters so acquired.

Article 11
All revenues of the State 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 and in the manner and subject to the charges and liabilities determined and imposed by law.

THE PRESIDENT AND THE VICE-PRESIDENT

Article 12

There shall be a President of Ireland (Uachtarán na hÉireann), hereinafter called the President, who be the Head of State and shall accordingly take precedence over all other persons in the State and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law.
1. The President shall be elected by direct vote of the people.
2. Every person who has the right to vote at an election for members of Dáil Éireann shall have the right to vote at an election for President.
3. The voting shall be by secret ballot and on the following system:—
  i. The candidate who receives a majority of the votes cast at the election shall be elected and, if no candidate receives such a majority, a second ballot shall be held on the twenty-first day after the first ballot.
  ii. Where in a presidential election a second ballot is required to be held, there shall stand for election in the second ballot the two candidates who received the greatest number of votes in the first ballot.
  iii. If, by reason of an equality of votes, three or more candidates are qualified to stand for election in the second ballot, all of them shall so stand.
  iv. Where in a presidential election a second ballot is held, the candidate who receives the greatest number of votes in the second ballot shall be elected.
4. Any reference to the date of a presidential election shall be deemed to mean the date of the first ballot in that election, and where in a presidential election a President is elected in the second ballot, he shall nonetheless be deemed to have been elected at the date of the first ballot.
1. The President shall hold office for seven years from the date upon which he enters upon his office, unless before the expiration of that period he dies, or resigns, or is removed from office, or becomes permanently incapacitated, such incapacity being established to the satisfaction of the Supreme Court consisting of not less than five judges.
2. A person who holds, or who has held, office as President, shall be eligible for re-election to that office, but may not be elected in more than two consecutive ordinary presidential elections.
3. For the purposes of subsection 2°, a person elected in any extraordinary presidential election held within forty-two months following an ordinary presidential election shall be deemed to be elected in that ordinary election.
1. An ordinary election for the office of President shall be held on the fourth Friday in November in the seventh calendar year following that in which the polling day for the previous such ordinary election fell.
2. In the event of the removal from office of the President or of his death, resignation, or permanent incapacity established as aforesaid (whether occurring before or after he enters upon his office), the Vice-President then serving shall immediately assume the office of President, but if such event occurs when the office of Vice-President is vacant, an extraordinary election for the office of President shall be held on the last Friday within ninety days after such event.
3. In the event an extraordinary election for the office of President is held within six months before the date for the holding of an ordinary election for that office, such ordinary election shall not be held, but this shall not affect the holding of subsequent ordinary elections for the office of President.
4. Polling at every election for the office of President shall as far as practicable take place on the same day throughout the country.
1. Every citizen without distinction of sex who has completed his thirty-fifth year of age is eligible for election to the office of President.
2. Every candidate for election, not a former or retiring President or a current, former or retiring Vice-President, must be nominated either:
  i. by not less than twenty persons, each of whom is at the time a member of one of the Houses of the Oireachtas or of the Northern Ireland Assembly, or
  ii. by the Councils of not less than four administrative Counties (including County Boroughs and Local Government Districts in Northern Ireland) as defined by law, or
  iii. by not less than twenty thousand persons, each of whom is entitled for the time being to vote at an election held under this Article, such nomination to be made in a manner prescribed by law.
3. No person and no such Council shall be entitled to subscribe to the nomination of more than one candidate in respect of the same election.
4. Former or retiring Presidents, and current, former or retiring Vice-Presidents, may become candidates on their own nomination.
5. Where only one candidate is nominated for the office of President it shall not be necessary to proceed to a ballot for his election.
Subject to the provisions of this Article, elections for the office of President shall be regulated by law.
1. The President shall not be a member of either House of the Oireachtas.
2. If a member of either House of the Oireachtas be elected President, he shall be deemed to have vacated his seat in that House.
3. The President shall not hold any other office or position of emolument or any other position inconsistent with the office of President.
The President shall enter upon his office on the 45th working day following his election, and on that day his predecessor's term of office shall expire.
The President shall enter upon his office by taking and subscribing publicly, in the presence of members of both Houses of the Oireachtas, of members of the Northern Ireland Assembly, of Judges of the Supreme Court, of the Court of Appeal and of the High Court, and other public personages, the following declaration:
"In the presence of Almighty God I , do solemnly and sincerely promise and declare that I will maintain the Constitution of Ireland and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of Ireland. May God direct and sustain me."
The President may omit the religious references.
The President shall not leave the State during his term of office save with the consent of the Government.
1. The President may be impeached for stated misbehaviour.
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 the President under this section shall not be entertained unless upon a notice of motion in writing signed by not less than thirty members of that House.
4. No such proposal shall be adopted by either of the Houses of the Oireachtas save upon a resolution of that House supported by not less than two-thirds of the total membership thereof.
5. When a charge has been preferred by either House of the Oireachtas, the other House shall investigate the charge, or cause the charge to be investigated.
6. The President shall have the right to appear and to be represented at the investigation of the charge.
7. If, as a result of the investigation, a resolution be passed supported by not less than two-thirds of the total membership of the House of the Oireachtas by which the charge was investigated, or caused to be investigated, declaring that the charge preferred against the President has been sustained and that the misbehaviour, the subject of the charge, was such as to render him unfit to continue in office, such resolution shall operate to remove the President from his office.
1. The President shall have an official residence in or near the City of Dublin.
2. The President shall receive such emoluments and allowances as may be determined by law.
3. The emoluments and allowances of the President shall not be diminished during his term of office.

Article 12A

There shall be a Vice-President of Ireland (Leas-Uachtarán na hÉireann), in this Constitution generally referred to as the Vice-President, who shall be the Deputy Head of State and shall accordingly take precedence over all other persons in the State immediately before the President and who shall exercise and perform the powers and functions conferred on the Vice-President by this Constitution and by law.
The Vice-President shall be elected on the following system:—
i. In any presidential election, every candidate for election as President shall nominate a running mate.
ii. The running mate of the candidate who is elected as President shall be elected as Vice-President.
1. The Vice-President shall hold office:—
  i. during the term of office of the President alongside which he was elected, or
  ii. if he assumed office otherwise than in a Presidential election, during the term of office of the President then serving,
  unless before the expiration of that period he dies, or resigns, or assumes the office of President, or is removed from office, or becomes permanently incapacitated, such incapacity being established to the satisfaction of the Supreme Court consisting of not less than five judges.
2. A person who holds, or who has held, office as Vice-President, shall be eligible for re-election to that office, but may not be elected in more than two consecutive ordinary presidential elections.
3. For the purposes of subsection 2°, a person who assumed office as Vice-President within forty-two months following an ordinary presidential election shall be deemed to be elected in that ordinary election.
In the event of the removal from office of the Vice-President or of his death, resignation, assumption of the office of President, or permanent incapacity established as aforesaid (whether occurring before or after he enters upon his office), the President shall appoint a replacement with the previous approval of both Houses of the Oireachtas.
1. Every citizen without distinction of sex who has completed his thirty-fifth year of age is eligible for election or appointment to the office of Vice-President.
2. The President and the Vice-President:—
  i. must be of different sexes; and
  ii. must be resident in different provinces,
  but for the purposes of paragraph ii. those parts of Ulster within and without Northern Ireland shall be deemed to be separate provinces.
1. The Vice-President shall not be a member of either House of the Oireachtas.
2. If a member of either House of the Oireachtas be elected Vice-President, he shall be deemed to have vacated his seat in that House.
3. The Vice-President shall not hold any other office or position of emolument or any other position inconsistent with the office of Vice-President.
The Vice-President shall enter upon his office:—
i. on the same day as the President alongside which he was elected, or
ii. if he assumed office otherwise than in a Presidential election, as soon as may be after his appointment.
The Vice-President shall enter upon his office by taking and subscribing publicly, in the presence of the President, the following declaration:
"In the presence of Almighty God I , do solemnly and sincerely promise and declare that I will maintain the Constitution of Ireland and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of Ireland. May God direct and sustain me."
The Vice-President may omit the religious references.
The Vice-President shall not leave the State during his term of office save with the consent of the Government.
1. The Vice-President may be impeached for stated misbehaviour.
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 the Vice-President under this section shall not be entertained unless upon a notice of motion in writing signed by not less than thirty members of that House.
4. No such proposal shall be adopted by either of the Houses of the Oireachtas save upon a resolution of that House supported by not less than two-thirds of the total membership thereof.
5. When a charge has been preferred by either House of the Oireachtas, the other House shall investigate the charge, or cause the charge to be investigated.
6. The Vice-President shall have the right to appear and to be represented at the investigation of the charge.
7. If, as a result of the investigation, a resolution be passed supported by not less than two-thirds of the total membership of the House of the Oireachtas by which the charge was investigated, or caused to be investigated, declaring that the charge preferred against the Vice-President has been sustained and that the misbehaviour, the subject of the charge, was such as to render him unfit to continue in office, such resolution shall operate to remove the Vice-President from his office.
1. The Vice-President shall have an official residence in or near the City of Dublin.
2. The Vice-President shall receive such emoluments and allowances as may be determined by law.
3. The emoluments and allowances of the Vice-President shall not be diminished during his term of office.

Article 13

1. The President shall, on the nomination of Dáil Éireann, appoint the Taoiseach, that is, the head of the Government or Prime Minister.
2. The President shall, on the nomination of the Taoiseach with the previous approval of Dáil Éireann, appoint the other members of the Government.
3. The President shall, on the advice of the Taoiseach, accept the resignation or terminate the appointment of any member of the Government.
1. Dáil Éireann shall be summoned by the President on the advice of the Taoiseach.
2. The President may at any time, after consultation with the Council of State, convene a meeting of either or both of the Houses of the Oireachtas.
1. Every Bill passed or deemed to have been passed by both Houses of the Oireachtas shall require the signature of the President for its enactment into law.
2. The President shall promulgate every law made by the Oireachtas.
The supreme command of the Defence Forces is hereby vested in the President.
1. The exercise of the supreme command of the Defence Forces shall be regulated by law.
2. All commissioned officers of the Defence Forces shall hold their commissions from the President.
1. The President may at any time and from time to time by warrant under his or her Seal confer titles of honour upon such persons as, in his or her absolute discretion, he or she may think fit, after consultation with the Council of State.
2. This section shall have effect notwithstanding Article 40.2.2°.
The right of pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction are hereby vested in the President, but such power of commutation or remission may also be conferred by law on other authorities.
1. The President may, after consultation with the Council of State, communicate with the Houses of the Oireachtas or with the Northern Ireland Assembly by message or address on any matter of national or public importance.
2. The President may, after consultation with the Council of State, address a message to the Nation at any time on any such matter.
3. Every such message or address must, however, have received the approval of the Government, except if in the circumstances the receipt of such approval is not practicable.
1. The President shall not be answerable to either House of the Oireachtas or to any court for the exercise and performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions.
2. The behaviour of the President may, however, be brought under review in either of the Houses of the Oireachtas for the purposes of section 11 of Article 12 of this Constitution, or by any court, tribunal or body appointed or designated by either of the Houses of the Oireachtas for the investigation of a charge under section 11 of the said Article.
The powers and functions conferred on the President by this Constitution shall be exercisable and performable by him only on the advice of the Government, save where it is provided by this Constitution that he shall act in his absolute discretion or after consultation with or in relation to the Council of State, or on the advice or nomination of, or on receipt of any other communication from, any other person or body.
Subject to this Constitution, additional powers and functions may be conferred on the President by law.
No power or function conferred on the President by law shall be exercisable or performable by him save only on the advice of the Government.

Article 13A

1. The Vice-President shall be ex-officio Chairman of Seanad Éireann, and in his capacity as such shall have the right to attend and be heard in that House of the Oireachtas.
2. The President may delegate the exercise and performance of such powers and functions conferred on him President by or under this Constitution to the Vice-President as to him may seem fit, and subject to such terms and conditions as to him may seem fit.
1. The Vice-President may, after consultation with the Council of State, communicate with the Houses of the Oireachtas or with the Northern Ireland Assembly by message or address on any matter of national or public importance.
2. The Vice-President may, after consultation with the Council of State, address a message to the Nation at any time on any such matter.
3. Every such message or address must, however, have received the approval of the Government, except if in the circumstances the receipt of such approval is not practicable.
1. The Vice-President shall not be answerable to either House of the Oireachtas or to any court for the exercise and performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions.
2. The behaviour of the Vice-President may, however, be brought under review in either of the Houses of the Oireachtas for the purposes of section 10 of Article 12A of this Constitution, or by any court, tribunal or body appointed or designated by either of the Houses of the Oireachtas for the investigation of a charge under section 10 of the said Article.
The powers and functions conferred on the President by this Constitution shall be exercisable and performable by him only on the advice of the Government, save where it is provided by this Constitution that he shall act in his absolute discretion or after consultation with or in relation to the Council of State, or on the advice or nomination of, or on receipt of any other communication from, any other person or body.
Subject to this Constitution, additional powers and functions may be conferred on the Vice-President by law.
No power or function conferred on the Vice-President by law shall be exercisable or performable by him save only on the advice of the Government.

Article 14

In the event of the absence of the President, or his temporary incapacity, or his permanent incapacity established as provided by section 3 of Article 12 hereof, or in the event of his death, resignation, removal from office, or failure to exercise and perform the powers and functions of his office or any of them, or at any time at which the office of President may be vacant, the powers and functions conferred on the President by or under this Constitution shall be exercised and performed by the Vice-President.
1. In the event of the absence of the Vice-President, or his temporary incapacity, or his permanent incapacity established as provided by section 3 of Article 12A hereof, or in the event of his death, resignation, assumption of the office of Vice-President, removal from office, or failure to exercise and perform the powers and functions of his office or any of them, or at any time at which the office of Vice-President may be vacant, the powers and functions conferred on the Vice-President by or under this Constitution shall be exercised and performed by a Commission constituted as provided in section 2 of this Article.
2. Such Commission shall also exercise and perform the powers and functions conferred on the President by or under this Constitution, in lieu of the Vice-President, in the events aforesaid.
1. The Commission shall consist of the following persons, namely, the Chief Justice, the Chairman of Dáil Éireann (An Ceann Comhairle), and the Taoiseach.
2. The President of the Court of Appeal shall act as a member of the Commission in the place of the Chief Justice on any occasion on which the office of Chief Justice is vacant or on which the Chief Justice is unable to act.
3. The senior available Deputy Chairman of Dáil Éireann shall act as a member of the Commission in the place of the Chairman of Dáil Éireann on any occasion on which the office of Chairman of Dáil Éireann is vacant or on which the said Chairman is unable to act, and for the purposes of this subsection, seniority shall be defined in accordance with the order of precedence the Deputy Chairmen of Dáil Éireann take among themselves.
4. The Tánaiste shall act as a member of the Commission in the place of the Taoiseach on any occasion on which the office of Taoiseach is vacant or on which the Taoiseach is unable to act.
1. The Commission may act by any two of their number and may act notwithstanding a vacancy in their membership.
2. The Commission may delegate the exercise and performance of such powers and functions conferred on the President or on the Vice-President by or under this Constitution to any of its members as to them may seem fit, and subject to such terms and conditions as to them may seem fit.
3. In particular:—
  i. the power of the President to appoint the Taoiseach and the other members of the Government, and to declare an extraordinary general election for members of either of the Houses of the Oireachtas, shall be automatically delegated to the Chairman of Dáil Éireann, and
  ii. the supreme command of the Defence Forces shall be automatically delegated to the Taoiseach.
The Council of State may by a majority of its members make such provision as to them may seem fit for the exercise and performance of the powers and functions conferred on the President or on the Vice-President by or under this Constitution in any contingency which is not provided for by the foregoing provisions of this Article.
1. The provisions of this Constitution which relate to the exercise and performance by the President or on the Vice-President of the powers and functions conferred on him by or under this Constitution shall subject to the subsequent provisions of this section apply to the exercise and performance of the said powers and functions under this Article.
2. In the event of the failure of the President or of the Vice-President to exercise or perform any power or function which the President or the Vice-President is by or under this Constitution required to exercise or perform within a specified time, the said power or function shall be exercised or performed under this Article, as soon as may be after the expiration of the time so specified.

THE NATIONAL PARLIAMENT

Constitution and Powers

Article 15

1. The National Parliament shall be called and known, and is in this Constitution generally referred to, as the Oireachtas.
2. The Oireachtas shall consist of the President and two Houses, viz.: a House of Representatives to be called Dáil Éireann and a Senate to be called Seanad Éireann.
3. The Houses of the Oireachtas shall sit in or near the City of Dublin or in such other place as they may from time to time determine.
1. The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State.
2. Provision may however be made by law for the creation or recognition of subordinate legislatures and for the powers and functions of these legislatures.
1. The Oireachtas may provide for the establishment or recognition of functional or vocational councils or similar advisory or consultative bodies representing branches of the social, community, voluntary, economic and cultural life of the people, with a view to improving participation in, and the efficiency of, the democratic process.
2. A law establishing or recognising any such body shall determine its rights, powers and duties, and its relation to the Oireachtas and to the Government.
1. The Oireachtas shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof.
2. Every law enacted by the Oireachtas which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid.
1. The Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission, nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
2. The Oireachtas shall not enact any law providing for the imposition of the death penalty.
1. The right to raise and maintain military or armed forces is vested exclusively in the Oireachtas.
2. No military or armed force, other than a military or armed force raised and maintained by the Oireachtas, shall be raised or maintained for any purpose whatsoever.
The Oireachtas shall hold at least one session every year.
1. Sittings of each House of the Oireachtas shall be public.
2. In cases of special emergency, however, either House may hold a private sitting with the assent of two-thirds of the members present.
1. Dáil Eireann shall elect from its members its own Chairman and Deputy Chairmen, and shall prescribe their powers and duties, and the order of precedence of the Deputy Chairmen.
2. The Vice-President shall be Chairman of Seanad Éireann ex-officio: his powers and duties and such shall be prescribed by Seanad Éireann, which shall also elect from its members its own Deputy Chairmen, and shall prescribe their powers, duties and order of precedence.
3. The remuneration of the Chairman of Dáil Éireann, and of the Deputy Chairmen of each House, shall be determined by law.
4. The Chairman and Deputy Chairmen of Dáil Éireann in office at the date of a dissolution of that House, and the Deputy Chairmen of Seanad Éireann at the date of a general election for that House, shall continue to hold office up to the day before the date of the next meeting of that House following such dissolution or general election, as the case may be.
Each House shall make its own rules and standing orders, with power to attach penalties for their infringement, and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.
1. All questions in each House shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present and voting other than the Chairman or presiding member.
2. The Chairman or presiding member shall have and exercise a casting vote in the case of an equality of votes.
3. The number of members necessary to constitute a meeting of either House for the exercise of its powers shall be determined by its standing orders.
All official reports and publications of the Oireachtas or of either House thereof, or of a committee established by either or both such Houses, and utterances made in either House or in a committee appointed by either or both Houses wherever published shall be privileged.
The members of each House of the Oireachtas shall, except in case of treason as defined in this Constitution or any other serious offence prescribed by law for the purpose of this Article, be privileged from arrest in going to and returning from, and while within the precincts of, either House, and shall not, in respect of any utterance in either House or in a committee appointed by either or both Houses be amenable to any court or any authority other than the House of which the person concerned is a member.
No person may be at the same time a member of both Houses of the Oireachtas, and, if any person who is already a member of either House becomes a member of the other House, he shall forthwith be deemed to have vacated his first seat.
The Oireachtas may make provision by law for the payment of emoluments to the members of each House thereof in respect of their duties as public representatives and for the grant to them of free travelling and such other facilities (if any) in connection with those duties as the Oireachtas may determine.

Dáil Éireann

Article 16

1. Every citizen without distinction of sex who has reached the age of twenty-one years, and who is not placed under disability or incapacity by this Constitution or by law, shall be eligible for membership of Dáil Éireann.
2. i. All citizens, whether or not they be in the State, and
  ii. such other persons in the State as may be determined by law,
  without distinction of sex who have reached the age of eighteen years who are not disqualified by law and comply with the provisions of the law relating to the election of members of Dáil Éireann, shall have the right to vote at an election for members of Dáil Éireann.
3. No law shall be enacted placing any citizen under disability or incapacity for membership of Dáil Éireann on the ground of sex or disqualifying any citizen or other person from voting at an election for members of Dáil Éireann on that ground.
4. No voter may exercise more than one vote at an election for Dáil Éireann, and the voting shall be by secret ballot, but nothing in this subsection shall be construed as preventing a voter from exercising both his party vote and his constituency vote.
1. Dáil Éireann shall be composed of:—
  i. members who represent a national constituency,
  ii. members who represent territorial constituencies determined by law, and
  iii. members who represent overseas constituencies.
2. i. The number of territorial constituencies shall from time to time be fixed by law, but the total number of territorial constituencies shall not be fixed at less than one territorial constituency for each sixty thousand of the population, or at more than one territorial constituency for each forty thousand of the population.
  ii. The number of members to be returned for each territorial and overseas constituency shall be one.
  iii. The number of members to be returned for the national constituency shall not differ from the total number of territorial constituencies, except in case of an overhang or if the outgoing Chairman is returned for the national constituency.
3. There shall be three overseas constituencies, namely:
  i. one encompassing the island of Great Britain, including its islands and seas,
  ii. one encompassing the Member States of the European Union other than Ireland, to the extent not included within the island of Great Britain, including its islands and seas,
  ii. one encompassing all territory outside the State which is not included within the other two overseas constituencies.
4. The population of each territorial constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.
5. The Oireachtas shall revise the territorial constituencies at least once in every twelve years, according to the recommendations of an independent commission formed by law and consisting of judges and representatives of political parties then represented in Dáil Éireann, and with due regard to changes in distribution of the population, but any alterations in the territorial constituencies shall not take effect during the life of Dáil Éireann sitting when such revision is made.
6. The members shall be elected on the mixed-member system of proportional representation by the means provided for in Article 16A.
7. No law shall be enacted whereby any territorial constituency includes territory both within and without Northern Ireland.
1. Dáil Éireann shall be summoned as provided by section 2 of Article 13 of this Constitution.
2. Dáil Éireann shall be dissolved automatically at the beginning of the 17th working day before the polling day for the next general election (whether ordinary or extraordinary), and cannot otherwise be dissolved.
1. Polling at every general election for Dáil Éireann shall as far as practicable take place on the same day throughout the country.
2. Dáil Éireann shall meet within thirty days from that polling day.
1. An ordinary general election for members of Dáil Éireann shall be held on the fourth Friday in May in the fourth calendar year following that in which the polling day for the previous ordinary general election fell.
2. The President shall declare an extraordinary general election for members of Dáil Éireann to be held:
  i. upon a resolution supported by not less than two-thirds of the total membership of Dáil Éireann requesting him to do so; or
  ii. where it is provided by Article 23 of this Constitution.
3. The President may in his absolute discretion declare an extraordinary general election for members of Dáil Éireann to be held where it is provided by Article 27A of this Constitution.
4. The President shall, on the advice of the Taoiseach, declare an extraordinary general election for members of Dáil Éireann to be held:
  i. within twenty-one days after a resolution under Article 28.11.1º; or
  ii. within twenty-one days after the rejection of a resolution under Article 28.12.1º.
5. In the event the President declares an extraordinary general election for members of Dáil Éireann, such extraordinary general election shall be held on the last Friday within sixty days after such event.
6. In the event an extraordinary general election for members of Dáil Éireann is held within six months before the date for the holding of an ordinary general election, such ordinary general election shall not be held, but this shall not affect the holding of subsequent ordinary general elections.
1. Casual vacancies in the number of the members of Dáil Éireann returned for the National constituency shall be filled by the person named on the relevant party’s list of candidates immediately after all members already elected, who shall thereupon stand elected and be returned for the National constituency.
2. Casual vacancies in the number of the members of Dáil Éireann returned for territorial constituencies shall be filled in the manner provided by law.
Subject to the foregoing provisions of this Article, and to those of Articles 16A, 16B, 16C and 16D, elections for membership of Dáil Éireann shall be regulated in accordance with law.

Article 16A

Each voter at an election for Dáil Éireann shall have:—
i. a constituency vote, which may be given for a candidate contesting the election for the territorial constituency in which the voter is registered, and
ii. a party vote, which may be given for a registered party contesting the election for the national constituency.
The candidate who receives the greatest number of constituency votes in a given territorial constituency shall be deemed to be elected for that constituency.
1. Mandates shall be allocated between the registered parties contesting the election for the national constituency.
2. The allocation of mandates must be determined before any persons are to be returned.
3. The number of mandates to be allocated shall be twice the total number of territorial constituencies.
1. The first mandate shall be allocated to the party with the greatest number of party votes.
2. The second and subsequent mandates shall be allocated in the same way, except that the number of party votes given to a party to which one or more mandates have already been allocated shall be divided by the number of mandates allocated plus one.
3. In allocating the second or any subsequent mandate there shall be disregarded any party votes given to a party to which there has already been allocated a number of mandates equal to the sum of the number of names on the party’s list of candidates and the number of candidates sponsored by the party who are deemed to be elected under section 2.
4. No mandates shall be alloctaed to any party if:
  i. the party votes cast therefor shall have amounted to less than five per cent. of the party votes cast at the election; and
  ii. less than three candidates sponsored by that party are deemed to be elected under section 2.
5. For the purposes of subsections 1° and 2° fractions shall be taken into account.
1. On the completion of the allocation of mandates each of the candidates deemed to be elected for a given territorial constituency shall thereupon stand elected and be returned for that constituency.
2. Mandates allocated to a party shall be filled by the candidates sponsored by that party who are elected under subsection 1.
3. Where the number of candidates sponsored by a party who are deemed to be elected under section 2 exceeds the number of mandates allocated to that party, then there shall be an overhang of such seats in number as is equal to the difference between the number of mandates and the number of candidates.
1. Where after the application of section 5 there are still unfilled mandates allocated to a party, the unfilled mandates shall be filled by the persons named on the party’s list of candidates in the order in which they appear on that list, who shall thereupon stand elected and be returned for the National constituency.
2. In case of an overhang, the number of members to be returned for the national constituency shall be increased by the total number of overhang seats.

Article 16B

Provision may be made by law:—
i. to enable party votes to be given for individual candidates:—
ii. to enable voters to cast more than one party vote, where such votes are to be given for individual candidates.
No law shall be enacted whereby the party votes permitted to be cast for a given candidate shall be more than three.
For the purposes of Article 16A, a party vote given for an individual candidate shall be deemed to be a vote for the party on which list of candidates the candidate is named.
Where provision is made under paragraph i of section 1, unfilled mandates shall be filled by the persons named on the party’s list of candidates in the order of party votes given to them, and subsection 16A.6.1 shall only apply where two or more persons receive an equal number of party votes.

Article 16C

Provision may be made by law for the election from regional constituencies determined by such law of so many members of Dáil Éireann as may be fixed by such law in substitution for an equal number of the members to be elected from the nationwide constituency.
The provisions of this Constitution and the law which relate to the election of members of Dáil Éireann from the national constituency, including the filling of casual vacancies, shall apply to the election of members of Dáil Éireann from the regional constituencies in like manner as those provisions apply to the the election of members of Dáil Éireann from the national constituency.
1. The allocation of mandates shall be unaffected by the establishment of regional constituencies.
2. The number of members to be returned for each regional constituency shall not differ from the total number of territorial constituencies comprised therein, except in case of an overhang or if that number of members is adjusted to ensure the number of seats each party holds matches the allocation of mandates.
The ratio between the number of members to be elected at any time for each regional constituency and the population of each regional constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.
The Oireachtas shall revise the regional constituencies whenever it revises the territorial constituencies, according to the recommendations of an independent commission formed by law and consisting of judges and representatives of political parties then represented in Dáil Éireann, and with due regard to changes in distribution of the population, but any alterations in the regional constituencies shall not take effect during the life of Dáil Éireann sitting when such revision is made.
No law shall be enacted whereby:—
i. any regional constituency includes territory both within and without Northern Ireland, or
ii. any regional constituency includes only part of a territorial constituency, or
iii. the number of members to be returned for any regional constituency shall be less than five, or more than eleven.

Article 16D

1. The member of Dáil Éireann who is the Chairman immediately before a dissolution of Dáil Éireann shall be deemed, without any actual election, to be elected a member of Dáil Éireann for the national constituency at the ensuing general election, unless he has announced to the Dáil his intention to retire from his membership of Dáil Éireann.
2. Accordingly, at the ensuing general election, the number of seats for the national constituency shall, for the purposes of returning the said member of Dáil Éireann, be increased by one, but this shall not affect the allocation of mandates.
3. Casual vacancies for the said member of Dáil Éireann's seat shall not be filled.
1. Where a member of Dáil Éireann (not being deemed, without any actual election, to be elected a member of Dáil Éireann under section 1) is elected Chairman, the number of seats for that member's constituency shall, as from his election as Chairman, be increased by one.
2. Casual vacancies for the Chairman's seat shall not be filled.
This Article shall have effect notwithstanding Articles 16, 16A, 16B and 16C.

Article 17

1. As soon as possible after the presentation to Dáil Éireann under Article 28 of this Constitution of the Estimates of receipts and the Estimates of expenditure of the State for any financial year, Dáil Éireann shall consider such Estimates.
2. Save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the Financial Resolutions of each year shall be enacted within that year.
Dáil Éireann shall not pass any vote or resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys unless the purpose of the appropriation shall have been recommended to Dáil Éireann by a message from the Government signed by the Taoiseach.

Seanad Éireann

Article 18

Seanad Éireann shall be composed of seventy-five members.
A person to be eligible for membership of Seanad Éireann must be eligible to become a member of Dáil Éireann.
1. The members of Seanad Éireann shall be elected by direct vote of the people.
2. Every person who has the right to vote at an election for members of Dáil Éireann shall have the right to vote at an election for members of Seanad Éireann.
3. No voter may exercise more than one vote at an election for Seanad Éireann, and the voting shall be by secret ballot, but nothing in this subsection shall be construed as preventing a voter from exercising votes in different panels.
Subject to any provision for the constitution of Seanad Éireann after any extraordinary general election for members of Seanad Éireann:
i. the term of office of a member of Seanad Éireann shall be nine years; and
ii. One-third of the members of Seanad Éireann shall be elected every three years from a panel constituted in accordance with Article 19 at an election at which the area of the jurisdiction of the State shall form one electoral area.
1. Polling at every general election for Seanad Éireann shall as far as practicable take place on the same day throughout the country.
2. Seanad Éireann shall meet within thirty days from that polling day.
1. An ordinary general election for Seanad Éireann shall be held on the fourth Friday in May in the third calendar year following that in which the polling day for the previous ordinary general election fell.
2. The President shall declare an extraordinary general election for members of Seanad Éireann to be held where it is provided by Article 23 of this Constitution.
3. In the event the President declares an extraordinary general election for members of Seanad Éireann, such extraordinary general election shall be held on the last Friday within sixty days after such event.
4. In the event an extraordinary general election for members of Seanad Éireann is held within six months before the date for the holding of an ordinary general election, such ordinary general election shall not be held, but this shall not affect the holding of subsequent ordinary general elections.
1. Save as is otherwise provided in this section, every member of Seanad Éireann shall, unless he dies, resigns, or becomes disqualified, continue to hold office until the day before the polling day of the ordinary general election for Seanad Éireann at which he is due to retire.
2. If an extraordinary general election for members of Seanad Éireann is declared every member of Seanad Éireann shall, unless he dies, resigns, or becomes disqualified, continue to hold office until the day before the polling day of that election.
At an extraordinary general election for members of Seanad Éireann all members shall be elected and the area of the jurisdiction of the State shall form one electoral area.
The respective terms of office of the members of Seanad Éireann elected at an extraordinary general election shall be as follows, that is to say:–
i. the first five members elected in each panel shall be due to retire at the third ordinary general election for Seanad Éireann next held after their election;
ii. the next five members so elected shall be due to retire at the second ordinary general election for Seanad Éireann next held after their election; and
iii. the remaining members so elected shall be due to retire at the first ordinary general election for Seanad Éireann next held after their election.
1. Subject to the foregoing provisions of this Article elections of the members of Seanad Éireann shall be regulated by law.
2. Casual vacancies in the number of the members of Seanad Éireann shall be filled in the manner provided by law. Any member of Seanad Éireann so chosen to fill a vacancy shall hold office for the remainder of his predecessor's term.

Article 19

Before each general election of the members of Seanad Éireann, five panels of candidates shall be formed in the manner provided by law containing respectively the names of persons having knowledge and practical experience of the following interests and services, namely:–
i. National Language and Culture, Literature, Art, Education and such professional interests as may be defined by law for the purpose of this panel;
ii. Agriculture and allied interests, and Fisheries;
iii. Labour, whether organised or unorganised;
iv. Industry and Commerce, including banking, finance, accountancy, engineering and architecture;
v. Public Administration and social services, including voluntary social activities.
Five members of Seanad Éireann shall be elected from each panel at any one ordinary general election, and each voter at a general election for Seanad Éireann (whether ordinary or extraordinary) shall have a vote for each panel.

Legislation

Article 20

Every Bill initiated in and passed by Dáil Éireann shall be sent to Seanad Éireann and may, unless it be a Money Bill, be amended in Seanad Éireann and Dáil Éireann shall consider any such amendment.
A Bill other than a Money Bill may be initiated in Seanad Éireann, and if passed by Seanad Éireann, shall be sent to Dáil Éireann and may be amended in Dáil Éireann and Seanad Éireann shall consider any such amendment.
A Bill passed by either House and accepted by the other House shall be deemed to have been passed by both Houses.

Money Bills

Article 21

1. Money Bills shall be initiated in Dáil Éireann only.
2. Every Money Bill passed by Dáil Éireann shall be sent to Seanad Éireann for its recommendations.
1. Every Money Bill sent to Seanad Éireann for its recommendations shall, at the expiration of a period not longer than twenty-one days after it shall have been sent to Seanad Éireann, be returned to Dáil Éireann, which may accept or reject all or any of the recommendations of Seanad Éireann.
2. If such Money Bill is not returned by Seanad Éireann to Dáil Éireann within such twenty-one days or is returned within such twenty-one days with recommendations which Dáil Éireann does not accept, it shall be deemed to have been passed by both Houses at the expiration of the said twenty-one days.

Article 22

1. A Money Bill means a Bill which contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on public moneys or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; matters subordinate and incidental to these matters or any of them.
2. In this definition the expressions "taxation", "public money" and "loan" respectively do not include any taxation, money or loan raised by local authorities or bodies for local purposes.
1. The Chairman of Dáil Éireann shall certify any Bill which, in his opinion, is a Money Bill to be a Money Bill, and his certificate shall, subject to the subsequent provisions of this section, be final and conclusive
2. Seanad Éireann, by a resolution, passed at a sitting at which not less than thirty members are present, may request the President to refer the question whether the Bill is or is not a Money Bill to a Committee of Privileges.
3. If the President after consultation with the Council of State decides to accede to the request he shall appoint a Committee of Privileges consisting of an equal number of members of Dáil Éireann and of Seanad Éireann and a Chairman who shall be a Judge of the Supreme Court: these appointments shall be made after consultation with the Council of State. In the case of an equality of votes but not otherwise the Chairman shall be entitled to vote.
4. The President shall refer the question to the Committee of Privileges so appointed and the Committee shall report its decision thereon to the President within twenty-one days after the day on which the Bill was sent to Seanad Éireann.
5. The decision of the Committee shall be final and conclusive.
6. If the President after consultation with the Council of State decides not to accede to the request of Seanad Éireann, or if the Committee of Privileges fails to report within the time hereinbefore specified the certificate of the Chairman of Dáil Éireann shall stand confirmed.

Initiative of Bills by the people

Article 22A

i. Save as otherwise provided by this Article, and
ii. with such exceptions and subject to such regulations as may be prescribed by law,
a Bill may be initiated on a petition of fifty thousand voters on the register.
1. Money Bills may not be initiated under section 1 of this Article.
2. A Bill containing a proposal or proposals for the amendment of this Constitution may be initiated under section 1 of this Article only on a petition of eighty thousand voters on the register.
Every Bill initiated under section 1 of this Article:—
i.shall be sent to Dáil Éireann, and if passed by Dáil Éireann, shall be introduced in Dáil Éireann and shall be considered as a Bill initiated in Dáil Éireann; or
ii. if rejected by Dáil Éireann, shall be submitted by Referendum to the decision of the people in accordance with the law for the time being in force relating to the Referendum.

Article 22B

An Initiative Bill means a Bill which shall have been initiated under section 1 of Article 22A of this Constitution and rejected by Dáil Éireann.
An Initiative Bill shall be signed by the President forthwith upon his being satisfied that the provisions of this Article have been complied with in respect thereof and that such proposal has been duly approved by the people in accordance with the provisions of section 1 of Article 47 of this Constitution and shall be duly promulgated by the President as a law.

Conflict between Houses

Article 23

This Article applies to every Bill passed by one House of the Oireachtas and sent to the other House other than a Money Bill or a Bill the time for the consideration of which shall have been abridged under Article 24 of this Constitution.

1. Whenever a Bill to which this Article applies is either rejected by the House to which the Bill was sent or passed by that House with amendments to which the House in which the Bill was initiated does not agree or is neither passed (with or without amendment) nor rejected by the House to which the Bill was sent, and if after the expiration of the stated period defined in the next following sub-section a Bill in identical form (save only for such modifications as are authorised under section 4) is initiated in and passed by the House in which the first Bill was initiated and sent to the other House is rejected by the House to which the Bill was sent or passed by that House with amendments to which the House in which the Bill was initiated does not agree or is neither passed (with or without amendment) nor rejected by the House to which the Bill was sent, the President shall declare an extraordinary general election for members of Seanad Éireann, and such declaration shall operate to declare an extraordinary general election for members of Dáil Éireann.
2. The stated period is the period of ninety days commencing on the day on which the first Bill is rejected by the House to which the Bill was sent or passed by that House with amendments to which the House in which the Bill was initiated does not agree or is neither passed (with or without amendment) nor rejected by the House to which the Bill was sent.
1. If after such general election a Bill in identical form (save only for such modifications as are authorised under section 4) is initiated in and passed by the House in which the first Bill was initiated and sent to the other House is rejected by the House to which the Bill was sent or passed by that House with amendments to which the House in which the Bill was initiated does not agree or is neither passed (with or without amendment) nor rejected by the House to which the Bill was sent, a Joint Sitting of the Members of both Houses shall be convened for the purpose of debating and voting upon such Bill and upon such amendments to that Bill as may have been made therein by one House and not agreed to by the other House.
2. The said Bill shall, if in such Joint Sitting a majority of the votes of the members present and voting, including a majority of the votes of the members of each House present and voting, other than the Chairman or presiding member, so resolve, be deemed to have been passed by both Houses of the Oireachtas on the day on which the resolution is passed.
3. The form in which the said Bill is to be deemed to have been passed by both Houses of the Oireachtas shall contain such (if any) modifications as shall be certified by the Chairman of Dáil Eireann to represent amendments voted on and agreed to by the Joint Sitting.
1. The Joint Sitting shall be conducted under the standing orders of Dáil Éireann.
2. All questions in the Joint Sitting shall be determined by a majority of the votes of the members present and voting, including a majority of the votes of the members of each House present and voting, other than the presiding member.
3. The presiding member shall have and exercise a casting vote in the case of an equality of votes.
The modifications authorised under this section shall be modifications certified by the Chairmen of both Houses of the Oireachtas to represent amendments made therein by one House and agreed to by the other House or to be necessary owing to the lapse of time since such Bill was first sent by the House in which the Bill was initiated to the other House.

Abridging of time for Consideration of Bills

Article 24

This Article applies to every Bill passed by one House of the Oireachtas and sent to the other House other than a Bill expressed to be a Bill containing a proposal to amend the Constitution.

If and whenever on the passage by either House of the Oireachtas of any Bill to which this Article applies, the Taoiseach certifies by messages in writing addressed to the President and to the Chairman of each House of the Oireachtas that, in the opinion of the Government, the Bill is urgent and immediately necessary for the preservation of the public peace and security, or by reason of the existence of a public emergency, whether domestic or international, the time for the consideration of such Bill by the House to which the Bill was sent shall, if the House in which the Bill was initiated so resolves and if the President, after consultation with the Council of State, concurs, be abridged to such period as shall be specified in the resolution.
Where a Bill, the time for the consideration of which by the House to which the Bill was sent has been abridged under this Article,
(a) is, in the case of a Bill which is not a Money Bill, rejected by the House to which the Bill was sent or passed by that House with amendments to which the House in which the Bill was initiated does not agree or neither passed nor rejected by the House to which the Bill was sent, or
(b) is, in the case of a Money Bill, either returned by Seanad Éireann to Dáil Éireann with recommendations which Dáil Éireann does not accept or is not returned by Seanad Éireann to Dáil Éireann,
within the period specified in the resolution, the Bill shall be deemed to have been passed by both Houses of the Oireachtas at the expiration of that period.
When a Bill the time for the consideration of which has been abridged under this Article becomes law it shall remain in force for a period of ninety days from the date of its enactment and no longer unless, before the expiration of that period, both Houses shall have agreed that such law shall remain in force for a longer period and the longer period so agreed upon shall have been specified in resolutions passed by both Houses.

Signing and Promulgation of Laws

Article 25

As soon as any Bill, other than an Initiative Bill or a Bill expressed to be a Bill containing a proposal for the amendment of this Constitution, shall have been passed or deemed to have been passed by both Houses of the Oireachtas, the Taoiseach shall present it to the President for his signature and for promulgation by him as a law in accordance with the provisions of this Article.
1. Save as otherwise provided by this Constitution, every Bill so presented to the President for his signature and for promulgation by him as a law shall be signed by the President not earlier than the fifth and not later than the seventh day after the date on which the Bill shall have been presented to him.
2. At the request of the Government, with the prior concurrence of each House of the Oireachtas, the President may sign any Bill the subject of such request on a date which is earlier than the fifth day after such date as aforesaid.
Every Bill the time for the consideration of which shall have been abridged under Article 24 of this Constitution shall be signed by the President on the day on which such Bill is presented to him for signature and promulgation as a law.
1. Every Bill shall become and be law as on and from the day on which it is signed by the President under this Constitution, and shall, unless the contrary intention appears, come into operation on that day.
2. Every Bill signed by the President under this Constitution shall be promulgated by him as a law by the publication by his direction of a notice in the Iris Oifigiúil stating that the Bill has become law.
3. Every Bill shall be signed by the President in the text in which it was passed or deemed to have been passed by both Houses of the Oireachtas, and if a Bill is so passed or deemed to have been passed in both the official languages, the President shall sign the text of the Bill in each of those languages.
4. Where the President signs the text of a Bill in one only of the official languages, an official translation shall be issued in the other official language.
5. As soon as may be after the signature and promulgation of a Bill as a law, the text of such law which was signed by the President or, where the President has signed the text of such law in each of the official languages, both the signed texts shall be enrolled for record in the office of the Registrar of the Supreme Court, and the text, or both the texts, so enrolled shall be conclusive evidence of the provisions of such law.
6. In case of conflict between the texts of a law enrolled under this section in both the official languages, the text in the national language shall prevail.
1. It shall be lawful for the Taoiseach, from time to time as occasion appears to him to require, to cause to be prepared under his supervision a text (in both the official languages) of this Constitution as then in force embodying all amendments theretofore made therein.
2. A copy of every text so prepared, when authenticated by the signatures of the Taoiseach and the Chief Justice, shall be signed by the President and shall be enrolled for record in the office of the Registrar of the Supreme Court.
3. The copy so signed and enrolled which is for the time being the latest text so prepared shall, upon such enrolment, be conclusive evidence of this Constitution as at the date of such enrolment and shall for that purpose supersede all texts of this Constitution of which copies were so enrolled.
4. In case of conflict between the texts of any copy of this Constitution enrolled under this section, the text in the national language shall prevail.

Reference of Bills to the Supreme Court

Article 26

This Article applies to any Bill passed or deemed to have been passed by both Houses of the Oireachtas other than a Money Bill, or a Bill expressed to be a Bill containing a proposal to amend the Constitution, or a Bill the time for the consideration of which by Seanad Éireann shall have been abridged under Article 24 of this Constitution.

1. The President may, after consultation with the Council of State, refer any Bill to which this Article applies to the Supreme Court for a decision on the question as to whether such Bill or any specified provision or provisions of such Bill is or are repugnant to this Constitution or to any provision thereof.
2. Every such reference shall be made not later than the seventh day after the date on which such Bill shall have been presented by the Taoiseach to the President for his signature.
3. The President shall not sign any Bill the subject of a reference to the Supreme Court under this Article pending the pronouncement of the decision of the Court.
1. The Supreme Court consisting of not less than five judges shall consider every question referred to it by the President under this Article for a decision, and, having heard arguments by or on behalf of the Attorney General and by counsel assigned by the Court, shall pronounce its decision on such question in open court as soon as may be, and in any case not later than sixty days after the date of such reference.
2. The decision of the majority of the judges of the Supreme Court shall, for the purposes of this Article, be the decision of the Court and shall be pronounced by such one of those judges as the Court shall direct, and no other opinion, whether assenting or dissenting, shall be pronounced nor shall the existence of any such other opinion be disclosed.
1. In every case in which the Supreme Court decides that any provision of a Bill the subject of a reference to the Supreme Court under this Article is repugnant to this Constitution or to any provision thereof, the President shall decline to sign such Bill.
2. If, in the case of a Bill to which Article 27 of this Constitution applies, a petition has been addressed to the President under that Article, that Article shall be complied with.
3. In every other case the President shall sign the Bill as soon as may be after the date on which the decision of the Supreme Court shall have been pronounced.

Return of Bills to the Oireachtas

Article 26A

This Article applies to any Bill passed or deemed to have been passed by both Houses of the Oireachtas other than a Money Bill, or a Bill expressed to be a Bill containing a proposal to amend the Constitution, a Bill the time for the consideration of which by Seanad Éireann shall have been abridged under Article 24 of this Constitution, or a Bill referred to the Supreme Court under Article 26 of this Constitution.

1. The President may, after consultation with the Council of State, return any Bill to which this Article applies to the Oireachtas, with a message requesting it to reconsider the Bill or any specified provisions thereof and, in particular, to consider the desirability of introducing any such amendments as the President may recommend in his message.
2. Every such return shall be made not later than the seventh day after the date on which such Bill shall have been presented by the Taoiseach to the President for his signature.
3. The President shall decline to sign every Bill returned to the Oireachtas under this section.
1. When a Bill is returned to the Oireachtas, it shall be first referred to the House in which it was initiated, and that House shall reconsider such Bill in accordance with the President's message, and shall pass in reconsidered form, with or without amendment, as soon as may be, and in any case not later than sixty days after the date of such return.
2. When a Bill has been passed in reconsidered form by either House of the Oireachtas, it shall be introduced in the other House, which shall reconsider such Bill in accordance with the President's message, and shall pass it in reconsidered form, with or without amendment, as soon as may be, and in any case not later than sixty days after the date of such introduction.
3. No Bill shall be passed in reconsidered form by either of the Houses of the Oireachtas save upon a resolution of that House supported by not less than two-thirds of the total membership thereof.
1. As soon as any Bill shall have been passed in reconsidered form by both Houses of the Oireachtas, the Taoiseach shall again present it to the President, and the President shall either sign and promulgate the Bill or refer it to the Supreme Court under Article 26 of this Constitution as soon as may be after the date on which the Bill is again presented.
2. If, in the case of the said Bill, a petition has been addressed to the President under Article 27 of this Constitution, that Article shall be complied with.

Reference of Bills to the People

Article 27

This Article applies to any Bill passed or deemed to have been passed by both Houses of the Oireachtas other than a Money Bill, or a Bill expressed to be a Bill containing a proposal to amend the Constitution, or a Bill the time for the consideration of which by Seanad Éireann shall have been abridged under Article 24 of this Constitution.

i. A majority of the members of either House of the Oireachtas, or
ii. the Councils of not less than eight administrative Counties (including County Boroughs and Local Government Districts in Northern Ireland) as defined by law, or
iii. thirty thousand voters on the register,
may by a joint petition addressed to the President by them under this Article request the President to decline to sign and promulgate as a law any Bill to which this article applies on the ground that the Bill contains a proposal of such national importance that the will of the people thereon ought to be ascertained.
Every such petition shall be in writing and shall be signed by the petitioners whose signatures shall be verified in the manner prescribed by law.
Every such petition shall contain a statement of the particular ground or grounds on which the request is based, and shall be presented to the President not later than four days after the date on which the Bill shall have been deemed to have been passed by both Houses of the Oireachtas.
1. Upon receipt of a petition addressed to him under this Article, the President shall forthwith consider such petition and shall, after consultation with the Council of State, pronounce his decision thereon not later than ten days after the date on which the Bill to which such petition relates shall have been deemed to have been passed by both Houses of the Oireachtas.
2. If the Bill or any provision thereof is or has been referred to the Supreme Court under Article 26 of this Constitution, it shall not be obligatory on the President to consider the petition unless or until the Supreme Court has pronounced a decision on such reference to the effect that the said Bill or the said provision thereof is not repugnant to this Constitution or to any provision thereof, and, if a decision to that effect is pronounced by the Supreme Court, it shall not be obligatory on the President to pronounce his decision on the petition before the expiration of six days after the day on which the decision of the Supreme Court to the effect aforesaid is pronounced.
3. If the Bill has been returned to the Oireachtas under Article 26A of this Constitution, it shall not be obligatory on the President to consider the petition unless or until the said Bill is presented again to the President after being passed in reconsidered form and, if the Bill is so presented again, it shall not be obligatory on the President to pronounce his decision on the petition before the expiration of six days after the day on which the decision of the Supreme Court to the effect aforesaid is pronounced.
1. In every case in which the President decides that a Bill the subject of a petition under this Article contains a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the Taoiseach and the Chairman of each House of the Oireachtas accordingly in writing under his hand and Seal and shall decline to sign and promulgate such Bill as a law unless and until the proposal shall have been approved by the people at a Referendum in accordance with the provisions of section 2 of Article 47 of this Constitution within a period of eighteen months from the date of the President’s decision.
2. Whenever a proposal contained in a Bill the subject of a petition under this Article shall have been approved by the people in accordance with the foregoing provisions of this section, such Bill shall as soon as may be after such approval be presented to the President for his signature and promulgation by him as a law and the President shall thereupon sign the Bill and duly promulgate it as a law.
In every case in which the President decides that a Bill the subject of a petition under this Article does not contain a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the Taoiseach and the Chairman of each House of the Oireachtas accordingly in writing under his hand and Seal, and such Bill shall be signed by the President not later than eleven days after the date on which the Bill shall have been deemed to have been passed by both Houses of the Oireachtas and shall be duly promulgated by him as a law.

THE GOVERNMENT

Article 27A

The Taoiseach shall be nominated by Dáil Éireann in accordance with the provisions of this Article.
1. The President shall propose to Dáil Éireann to nominate such member of Dáil Éireann as, in his absolute discretion, he may deem to enjoy the support of a majority of the members of Dáil Éireann.
2. No such proposal shall be adopted by Dáil Éireann save upon a resolution of that House supported by a majority of the total membership thereof, and such resolution shall operate to nominate that member of Dáil Éireann.
3. The voting on such resolution shall be by secret ballot and without any debate.
1. If a proposal by the President is not adopted by Dáil Éireann in accordance with the provisions of the foregoing section, Dáil Éireann shall proceed to elect a Taoiseach-designate from its members by secret ballot and without any debate.
2. No such Taoiseach-designate shall be elected by Dáil Éireann save by a majority of the total membership thereof, and such election shall operate to nominate that Taoiseach-designate.
1. If, within two weeks, no Taoiseach-designate is elected in accordance with the provisions of the foregoing section, Dáil Éireann shall proceed to elect a Taoiseach-designate from its members by secret ballot and without any debate.
2. Such election shall operate to nominate the member of Dáil Éireann who received the greatest number of votes therein.
3. The President may in his absolute discretion refuse to appoint a Taoiseach nominated under the foregoing subsection if elected without the assent of a majority of the total membership of Dáil Éireann, and such refusal shall operate to declare an extraordinary general election for members of Dáil Éireann.

Article 28

The Government shall consist of not less than seven members who shall be appointed by the President in accordance with the provisions of this Constitution.
The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government.
1. War shall not be declared and the State shall not participate in any war save with the assent of Dáil Éireann.
2. In the case of actual invasion, however, the Government may take whatever steps they may consider necessary for the protection of the State, and Dáil Éireann if not sitting shall be summoned to meet at the earliest practicable date.
3. Nothing in this Constitution other than Article 15.5.2° shall be invoked to invalidate any law enacted by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law. In this sub-section "time of war" includes a time when there is taking place an armed conflict in which the State is not a participant but in respect of which each of the Houses of the Oireachtas shall have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State and "time of war or armed rebel-lion" includes such time after the termination of any war, or of any such armed conflict as aforesaid, or of an armed rebellion, as may elapse until each of the Houses of the Oireachtas shall have resolved that the national emergency occasioned by such war, armed conflict, or armed rebellion has ceased to exist.
1. The Government shall be responsible to Dáil Éireann.
2. The Government shall meet and act as a collective authority, and shall be collectively responsible for the Departments of State administered by the members of the Government.
3. The confidentiality of discussions at meetings of the Government shall be respected in all circumstances save only where the High Court determines that disclosure should be made in respect of a particular matter -
  i in the interests of the administration of justice by a Court, or
  ii by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Minister of the Government on the authority of the Houses of the Oireachtas to inquire into a matter stated by them to be of public importance.
4. The Government shall prepare Estimates of the Receipts and Estimates of the Expenditure of the State for each financial year, and shall present them to Dáil Éireann for consideration.
1. The head of the Government, or Prime Minister, shall be called, and is in this Constitution referred to as, the Taoiseach.
2. The Taoiseach shall keep the President generally informed on matters of domestic and international policy.
1. The Taoiseach shall nominate a member of the Government to be the Tánaiste, that is, the Principal Deputy Prime Minister.
2. The Tánaiste shall act for all purposes in the place of the Taoiseach if the Taoiseach should die, or become permanently incapacitated, until a new Taoiseach shall have been appointed.
3. The Tánaiste shall also act for or in the place of the Taoiseach during the temporary absence of the Taoiseach.
4. If the Tánaiste is unable to act in the place of the Taoiseach in the circumstances defined in subsections 2° and 3° of this section, a designated member of the government who is also a member of Dáil Éireann shall so act, priority in such designation being given to the Leas-Taoisigh.
5. Where both the Taoiseach and the Tánaiste have died or have become permanently incapacitated, or during the temporary absence of both the Taoiseach and Tánaiste, the senior available Leas-Taoiseach (or if no Leas-Taoisigh are available, the senior available member of the Government) shall act for or in the place of the Taoiseach, and for the purposes of this subsection, seniority shall be defined in accordance with a procedure prescribed by law
1. In the Government, there shall be Deputy Prime Ministers (who shall be called, and are in this Constitution referred to as, the Leas-Taoisigh) to assist the Taoiseach in the exercise of his functions.
2. The Tánaiste shall, by virtue of holding office as such, be a Leas-Taoiseach and shall have precedence over all other Leas-Taoisigh.
3. The Taoiseach may nominate a further Leas-Taoiseach or further Leas-Taoisigh from among members of the Government.
1. The Taoiseach, the Tánaiste, the Leas-Taoisigh and the member of the Government who is in charge of the Department of Finance must be members of Dáil Éireann.
2. A person to be eligible for membership of the Government must be eligible to become a member of Dáil Éireann.
3. The First Minister and the Second Minister shall be members of the Government ex-officio.
4. The members of the Government (other than ex-officio members thereof) may be appointed from within or without the Oireachtas, but a majority shall be appointed from among members of the Oireachtas, and at least one shall be resident in Northern Ireland.
Every member of the Government shall have the right to attend and be heard in each House of the Oireachtas and in the Northern Ireland Assembly.
1. The Taoiseach may resign from office at any time by placing his resignation in the hands of the President.
2. Any other member of the Government may resign from office by placing his resignation in the hands of the Taoiseach for submission to the President.
3. The President shall accept the resignation of a member of the Government, other than the Taoiseach, if so advised by the Taoiseach.
4. The Taoiseach may at any time, for reasons which to him seem sufficient, request a member of the Government to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the Taoiseach so advises.
1. The Taoiseach shall resign from office if a resolution be passed supported by a majority of the members of Dáil Éireann, declaring that the Taoiseach has ceased to retain their support and nominating an alternative Taoiseach, unless within the period not longer than twenty-one days after the passage of such resolution the Taoiseach advises the President to declare an extraordinary general election for members of Dáil Éireann and on the reassembly of Dáil Éireann after such general election the Taoiseach secures the support of a majority in Dáil Éireann.
2. The President may in his absolute discretion refuse to declare an extraordinary general election for members of Dáil Éireann on the advice of a Taoiseach against whom a resolution under subsection 1° was passed, and if the President so refuses the Taoiseach shall resign from office.
3. If the Taoiseach resigns from office in accordance with this section the President shall appoint the alternative Taoiseach nominated by resolution under subsection 1° as Taoiseach.
1. If a majority of the members of Dáil Éireann fail to pass a resolution declaring that the Taoiseach enjoys their support, the Taoiseach may within the period not longer than twenty-one days after the failure of passage of such resolution advise the President to declare an extraordinary general election for members of Dáil Éireann.
2. Dáil Éireann may within the period referred to in subsection 1° nominate a new Taoiseach in accordance with Article 27A of this Constitution.
3. The right of the Taoiseach to advise the President to declare an extraordinary general election for members of Dáil Éireann under subsection 1° shall lapse if within the period referred to in that susbsection Dáil Éireann nominates a new Taoiseach, and if the Dáil Éireann so nominates the Taoiseach shall resign from office.
4. The President may in his absolute discretion refuse to declare an extraordinary general election for members of Dáil Éireann on the advice of a Taoiseach against whom a resolution under subsection 1° was passed, and if the President so refuses the Taoiseach shall resign from office.
5. If the Taoiseach resigns from office in accordance with this section the President shall appoint the alternative Taoiseach nominated by resolution under subsection 1° as Taoiseach.
1. If the Taoiseach at any time resigns from office the other members of the Government shall be deemed also to have resigned from office, but the Taoiseach and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed.
2. The members of the Government in office at the date of a dissolution of Dáil Éireann shall continue to hold office until their successors shall have been appointed.
The following matters shall be regulated in accordance with law, namely, the organization of, and distribution of business amongst, Departments of State, the designation of members of the Government to be the Ministers in charge of the said Departments, the discharge of the functions of the office of a member of the Government during his temporary absence or incapacity, and the remuneration of the members of the Government.

LOCAL GOVERNMENT

Article 28A

The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities.
There shall be such directly elected local authorities as may be determined by law and their powers and functions shall, subject to the provisions of this Constitution, be so determined and shall be exercised and performed in accordance with law.
Elections for members of such local authorities shall be held in accordance with law not later than the end of the fifth year after the year in which they were last held.
Every person who has the right to vote at an election for members of Dáil Éireann and such other persons as may be determined by law shall have the right to vote at an election for members of such of the local authorities referred to in section 2 of this Article as shall be determined by law.
Casual vacancies in the membership of local authorities referred to in section 2 of this Article shall be filled in accordance with law.

NORTHERN IRELAND

Article 28B
Northern Ireland, consisting of Counties Antrim, Armagh, Down, Fermanagh, Londonderry and Tyrone, holds its own common and distinctive identity and traditions, and is therefore declared to form a distinct jurisdiction within the State enjoying administrative, cultural, political and fiscal autonomy from the remainder of the Island of Ireland.

Article 28C

The autonomy of Northern Ireland extends:
i. to every matter which is not an excepted or reserved matter; and
ii. to every reserved matter, to the extent that authority as regarding that matter is not exercised by the organs of the State.
Authority over Northern Ireland as regarding excepted matters shall be exercised by the organs of the State.
Questions as to whether or not authority over Northern Ireland as regarding reserved matters shall be exercised by the organs of the State shall be settled and determined by agreement between the Northern Ireland Executive and the Government.
Questions as to whether any matter is or is not an excepted matter or a reserved matter shall be settled and determined by agreement between the Northern Ireland Executive and the Government.

Article 28D

The following matters are excepted matters:
1. Functions of organs of the State, excluding the functions of the organs of Northern Ireland or the functions of the Government or any Minister or department thereof in relation to Northern Ireland;
2. Property belonging to, or held in trust for, the State;
3. Election of members of Dáil Éireann from constituencies in Northern Ireland, Election of members of Seanad Éireann from Northern Ireland, Elections to the European Parliament, Presidential Elections, and other statewide elections and referendums;
4. International relations, National Defence and National security;
5. Control of nuclear, biological and chemical weapons and other weapons of mass destruction;
6. Dignities and titles of honour;
7. Treason, but not powers of arrest or criminal procedure;
8. Immigration and Nationality;
9. Taxation for purposes of matters to which the autonomy of Northern Ireland does not extend;
10. National insurance;
11. Currency;
12. Nuclear energy;
13. Outer space;
14. Activities in Antarctica.
The following matters are reserved matters:
1. Functions of the Government or any Minister or department thereof in relation to Northern Ireland;
2. Navigation (including merchant shipping);
3. Civil aviation;
4. The foreshore, sea bed and subsoil and their natural resources;
5. Postal services;
6. Import and export controls, external trade;
7. National minimum wage;
8. Financial services;
9. Financial markets;
10. Intellectual property;
11. Units of measurement;
12. Telecommunications, Broadcasting, and Internet services;
13. Taxation for purposes of matters to which the autonomy of Northern Ireland extends;
14. The National Lottery;
15. Xenotransplantation;
16. Surrogacy;
17. Human fertilisation and embryology;
18. Human genetics;
19. Consumer safety in relation to goods.

The Northern Ireland Assembly

Article 28E

1. The Legislative Authority of Northern Ireland shall be called and known, and is in this Constitution generally referred to, as the Northern Ireland Assembly.
2. The Northern Ireland Assembly shall sit in or near the City of Belfast or in such other place as they may from time to time determine.
The sole and exclusive power of making laws for Northern Ireland in every matter to which the autonomy of Northern Ireland extends is hereby vested in the Northern Ireland Assembly.
Every law enacted by the Oireachtas which in any respect makes provision for matters to which the autonomy of Northern Ireland extends, shall, but to the extent only of such provision being made, not apply to Northern Ireland.
1. The Northern Ireland Assembly shall not enact any law which in any respect makes provision for matters to which the autonomy of Northern Ireland does not extend.
2. Every law enacted by the Northern Ireland Assembly which in any respect makes provision for matters to which the autonomy of Northern Ireland does not extend, shall, but to the extent only of such provision being made, be invalid.
1. The Northern Ireland Assembly shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof.
2. Every law enacted by the Northern Ireland Assembly which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid.
1. The Northern Ireland Assembly shall not declare acts to be infringements of the law which were not so at the date of their commission, nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
2. The Northern Ireland Assembly shall not enact any law providing for the imposition of the death penalty.
The Northern Ireland Assembly shall hold at least one session every year.
1. Sittings of the Northern Ireland Assembly shall be public.
2. In cases of special emergency, however, the Northern Ireland Assembly may hold a private sitting with the assent of two-thirds of the members present.
1. The Northern Ireland Assembly shall elect from its members its own Speaker and Deputy Speakers, and shall prescribe their powers and duties, and the order of precedence of the Deputy Speakers.
2. The remuneration of the Speaker and Deputy Speakers of the Northern Ireland Assembly shall be determined by law.
3. The Speaker and Deputy Speakers of the Northern Ireland Assembly in office at the date of a dissolution of the Assembly shall continue to hold office up to the day before the date of the next meeting of the Assembly following such dissolution.
The Northern Ireland Assembly shall make its own rules and standing orders, with power to attach penalties for their infringement, and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.
1. All questions in the Northern Ireland Assembly shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present and voting other than the Speaker or presiding member.
2. The Speaker or presiding member shall have and exercise a casting vote in the case of an equality of votes.
3. The number of members necessary to constitute a meeting of the Northern Ireland Assembly for the exercise of its powers shall be determined by its standing orders.
All official reports and publications of the Northern Ireland Assembly, or of a committee established thereby, and utterances made in the Assembly or in a committee appointed thereby wherever published shall be privileged.
The members of the Northern Ireland Assembly shall, except in case of treason as defined in this Constitution or any other serious offence prescribed by law for the purpose of this Article, be privileged from arrest in going to and returning from, and while within the precincts of, the Northern Ireland Assembly, and shall not, in respect of any utterance in the Northern Ireland Assembly, be amenable to any court or any authority other than the Northern Ireland Assembly itself.
No person may be at the same time a member of the Northern Ireland Assembly and of either Houses of the Oireachtas, and, if any person:
i. who is already a member of either House becomes a member of the Northern Ireland Assembly, he shall forthwith be deemed to have vacated his seat in the Oireachtas; or
ii. who is already a member of the Northern Ireland Assembly becomes a member of either House, he shall forthwith be deemed to have vacated his seat in the Northern Ireland Assembly.
The Northern Ireland Assembly may make provision by law for the payment of allowances to the members of thereof in respect of their duties as public representatives and for the grant to them of free travelling and such other facilities (if any) in connection with those duties as the Northern Ireland Assembly may determine.

Article 28F

1. Every citizen who is eligible for membership of Dáil Éireann shall be eligible for membership of the Northern Ireland Assembly.
2. Every person in the State who has the right to vote at an election for members of Dáil Éireann from territorial constituencies in Northern Ireland shall have the right to vote at an election for members of the Northern Ireland Assembly.
3. No voter may exercise more than one vote at an election for the Northern Ireland Assembly, and the voting shall be by secret ballot.
1. The Northern Ireland Assembly shall be composed of members who represent Assembly constituencies determined by law.
2. The number of members shall from time to time be fixed by law, but the total number of members of the Northern Ireland Assembly shall not be fixed at less than one member for each fifteen thousand of the population, or at more than one member for each ten thousand of the population.
3. The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout Northern Ireland.
4. The Oireachtas shall revise the Assembly constituencies whenever it revises the territorial constituencies, according to the recommendations of an independent commission formed by law and consisting of judges and representatives of political parties then represented in the Northern Ireland Assembly, and with due regard to changes in distribution of the population, but any alterations in the regional constituencies shall not take effect during the life of the Northern Ireland Assembly sitting when such revision is made.
The members shall be elected on the system of proportional representation by means of the single transferable vote.
1. Provision may be made by law to ensure each Assembly constituency is represented in the Northern Ireland Assembly by at least one member from each of the unionist and nationalist communities in accordance with the provisions of this section.
2. If, at any general election, there are returned for any Assembly constituency members belonging to only one community designation, then the candidate who belongs to the other community designation shall be deemed, without any actual election, to be elected a member of the Northern Ireland Assembly for that constituency at the ensuing general election.
3. Accordingly, at the ensuing general election, the number of seats for that constituency shall, for the purposes of returning the said member of the Northern Ireland Assembly, be increased by one.
4. Casual vacancies for the said member of the Northern Ireland Assembly seat shall:
  i. if at the time of the vacancy the Assembly constituency is represented by further members belonging to said member's community designation, not be filled; or
  ii. if at the time of the vacancy the Assembly constituency is not so represented, be filled only from among persons belonging to said member's community designation.
1. The Northern Ireland Assembly shall be summoned by the President on the advice of the Northern Ireland Executive.
2. The President may at any time, on the advice of the Taoiseach or after consultation with the Council of State, convene a meeting of the Northern Ireland Assembly.
3. The Northern Ireland Assembly shall be dissolved automatically at the beginning of the 17th working day before the polling day for the next general election (whether ordinary or extraordinary), and cannot otherwise be dissolved.
1. Polling at every general election for the Northern Ireland Assembly shall as far as practicable take place on the same day throughout Northern Ireland.
2. The Northern Ireland Assembly shall meet within thirty days from that polling day.
1. An ordinary general election for members of the Northern Ireland Assembly shall be held on the fourth Friday in May in the fifth calendar year following that in which the polling day for the previous ordinary general election fell.
2. The President shall declare an extraordinary general election for members of the Northern Ireland Assembly to be held upon a resolution supported by not less than two-thirds of the total membership of the Northern Ireland Assembly, including two-thirds of the total membership of the Northern Ireland Assembly belonging to each community designation, requesting him to do so.
3. The President may in his absolute discretion declare an extraordinary general election for members of the Northern Ireland Assembly to be held if, for a period of not less than two weeks:
  i. the designated unionist members of the Northern Ireland Executive have ceased to retain the support of a majority of the designated unionist members of the Northern Ireland Assembly;
  ii. the designated nationalist members of the Northern Ireland Executive have ceased to retain the support of a majority of the designated nationalist members of the Northern Ireland Assembly; or
  iii. the member of the Northern Ireland Executive who is in charge of the Northern Ireland Department of Justice has ceased to retain the support of a majority of the members of the Northern Ireland Assembly belonging to either community designation.
4. In the event the President declares an extraordinary general election for members of the Northern Ireland Assembly, such extraordinary general election shall be held on the last Friday within sixty days after such event.
5. In the event an extraordinary general election for members of the Northern Ireland Assembly is held within six months before the date for the holding of an ordinary general election, such ordinary general election shall not be held, but this shall not affect the holding of subsequent ordinary general elections.
Other matters regarding the Northern Ireland Assembly shall be regulated in accordance with a law of the Oireachtas, or subject thereto, by a law of the Northern Ireland Assembly.

Article 28G

1. As soon as possible after the presentation to the Northern Ireland Assembly under Article 28H of this Constitution of the Estimates of receipts and the Estimates of expenditure of the State for any financial year, the Northern Ireland Assembly shall consider such Estimates.
2. Save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the Financial Resolutions of each year shall be enacted within that year.
The Northern Ireland Assembly shall not pass any vote or resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys unless the purpose of the appropriation shall have been recommended to the Northern Ireland Assembly:
by a message from the Northern Ireland Executive signed by the First and Second Ministers; or
by a message from the Government signed by the Taoiseach.

Legislation by the Northern Ireland Assembly

Article 28H
This Article, and Articles 28I, 28J, 28K, 28L, 28M, 28N and 28O, shall apply to any Bill passed by the Northern Ireland Assembly, and in these articles the words "Bill" and "Law" shall be construed accordingly notwithstanding Articles 20 to 27.

Money Bills

Article 28I

The Speaker of the Northern Ireland Assembly shall certify any Bill which, in the Speaker's opinion, is a Money Bill as defined by Article 22.2 to be a Money Bill, and the certificate of the Speaker shall be final and conclusive unless the Northern Ireland Assembly determines, by a resolution of it, that the Bill is not a Money Bill and, in the event that it so determines, the Bill shall not be a Money Bill.

Initiative of Bills by the people

Article 28J

i. Save as otherwise provided by this Article, and
ii. with such exceptions and subject to such regulations as may be prescribed by law,
a Bill may be initiated on a petition of fifteen thousand voters on the register, being voters for territorial constituencies within Northern Ireland.
Money Bills may not be initiated under section 1 of this Article.
Every Bill initiated under section 1 of this Article:—
i. shall be sent to the Northern Ireland Assembly, and if passed by the Assembly, shall be introduced in it; or
ii. if rejected by the Northern Ireland Assembly, shall be submitted by Referendum to the decision of the people in accordance with the law for the time being in force relating to the Referendum, but polling in such referendum shall be held only in Northern Ireland.

Article 28K

An Initiative Bill means a Bill which shall have been initiated under section 1 of Article 28J of this Constitution and rejected by the Northern Ireland Assembly.
An Initiative Bill shall be signed by the President forthwith upon his being satisfied that the provisions of this Article have been complied with in respect thereof and that such proposal has been duly approved by the people in accordance with the provisions of section 1 of Article 28I of this Constitution and shall be duly promulgated by the President as a law.

Signing and Promulgation of Laws

Article 28L

As soon as any Bill, other than an Initiative Bill, shall have been passed by the Northern Ireland Assembly, the First and Second Ministers shall present it to the President for his signature and for promulgation by him as a law in accordance with the provisions of this Article.
1. Save as otherwise provided by this Constitution, every Bill so presented to the President for his signature and for promulgation by him as a law shall be signed by the President not earlier than the fifth and not later than the seventh day after the date on which the Bill shall have been presented to him.
2. At the request of the Northern Ireland Executive, with the prior concurrence of the Northern Ireland Assembly, the President may sign any Bill the subject of such request on a date which is earlier than the fifth day after such date as aforesaid.
1. Every Bill shall become and be law as on and from the day on which it is signed by the President under this Constitution, and shall, unless the contrary intention appears, come into operation on that day.
2. Every Bill signed by the President under this Constitution shall be promulgated by him as a law by the publication by his direction of a notice in the Belfast Gazette stating that the Bill has become law.
3. Every Bill shall be signed by the President in the text in which it was passed by the Northern Ireland Assembly, and if a Bill is so passed in both the official languages, the President shall sign the text of the Bill in each of those languages.
4. Where the President signs the text of a Bill in one only of the official languages, an official translation shall be issued in the other official language.
5. As soon as may be after the signature and promulgation of a Bill as a law, the text of such law which was signed by the President or, where the President has signed the text of such law in each of the official languages, both the signed texts shall be enrolled for record in the office of the Registrar of the Supreme Court, and the text, or both the texts, so enrolled shall be conclusive evidence of the provisions of such law.
6. In case of conflict between the texts of a law enrolled under this section in both the official languages, the text in the English language shall prevail.

Reference of Bills to the Supreme Court

Article 28M
This Article applies to any Bill passed by the Northern Ireland Assembly other than a Money Bill.

1. The President may, after consultation with the Council of State, refer any Bill to which this Article applies to the Supreme Court for a decision on the question as to whether such Bill or any specified provision or provisions of such Bill:
  i. is or are repugnant to this Constitution or to any provision thereof; or
  i. relates or relate to matters to which the autonomy of Northern Ireland does not extend.
2. Every such reference shall be made not later than the seventh day after the date on which such Bill shall have been presented by the First and Second Ministers to the President for his signature.
3. The President shall not sign any Bill the subject of a reference to the Supreme Court under this Article pending the pronouncement of the decision of the Court.
1. The Supreme Court consisting of not less than five judges shall consider every question referred to it by the President under this Article for a decision, and, having heard arguments by or on behalf of the Attorney General and by counsel assigned by the Court, shall pronounce its decision on such question in open court as soon as may be, and in any case not later than sixty days after the date of such reference.
2. The decision of the majority of the judges of the Supreme Court shall, for the purposes of this Article, be the decision of the Court and shall be pronounced by such one of those judges as the Court shall direct, and no other opinion, whether assenting or dissenting, shall be pronounced nor shall the existence of any such other opinion be disclosed.
1. In every case in which the Supreme Court decides that any provision of a Bill the subject of a reference to the Supreme Court under this Article is repugnant to this Constitution or to any provision thereof, the President shall decline to sign such Bill.
2. If, in the case of a Bill to which Article 28O of this Constitution applies, a petition has been addressed to the President under that Article, that Article shall be complied with.
3. In every other case the President shall sign the Bill as soon as may be after the date on which the decision of the Supreme Court shall have been pronounced.

Reference of Bills to the People

Article 28O
This Article applies to any Bill passed by the Northern Ireland Assembly other than a Money Bill.

i. A majority of the members of the Northern Ireland Assembly, or
ii. the Councils of not less than four Local Government Districts as defined by law, or
iii. ten thousand voters on the register, being voters for territorial constituencies within Northern Ireland,
may by a joint petition addressed to the President by them under this Article request the President to decline to sign and promulgate as a law any Bill to which this article applies on the ground that the Bill contains a proposal of such importance to Northern Ireland that the will of the people thereon ought to be ascertained.
Every such petition shall be in writing and shall be signed by the petitioners whose signatures shall be verified in the manner prescribed by law.
Every such petition shall contain a statement of the particular ground or grounds on which the request is based, and shall be presented to the President not later than four days after the date on which the Bill shall have been deemed to have been passed by both Houses of the Oireachtas.
1. Upon receipt of a petition addressed to him under this Article, the President shall forthwith consider such petition and shall, after consultation with the Council of State, pronounce his decision thereon not later than ten days after the date on which the Bill to which such petition relates shall have been passed by the Northern Ireland Assembly.
2. If the Bill or any provision thereof is or has been referred to the Supreme Court under Article 28M of this Constitution, it shall not be obligatory on the President to consider the petition unless or until the Supreme Court has pronounced a decision on such reference to the effect that the said Bill or the said provision thereof is not repugnant to this Constitution or to any provision thereof or does not relate to matters to which the autonomy of Northern Ireland does not extend, and, if a decision to that effect is pronounced by the Supreme Court, it shall not be obligatory on the President to pronounce his decision on the petition before the expiration of six days after the day on which the decision of the Supreme Court to the effect aforesaid is pronounced.
3. If the Bill has been returned to the Northern Ireland Assembly under Article 28N of this Constitution, it shall not be obligatory on the President to consider the petition unless or until the said Bill is presented again to the President after being passed in reconsidered form and, if the Bill is so presented again, it shall not be obligatory on the President to pronounce his decision on the petition before the expiration of six days after the day on which the decision of the Supreme Court to the effect aforesaid is pronounced.
1. In every case in which the President decides that a Bill the subject of a petition under this Article contains a proposal of such importance to Northern Ireland that the will of the people thereon ought to be ascertained, he shall inform the First and Second Ministers and the Speaker of the Northern Ireland Assembly accordingly in writing under his hand and Seal and shall decline to sign and promulgate such Bill as a law unless and until the proposal shall have been approved by the people at a Referendum in accordance with the provisions of section 2 of Article 47 of this Constitution within a period of eighteen months from the date of the President’s decision, but polling in such referendum shall be held only in Northern Ireland.
2. Whenever a proposal contained in a Bill the subject of a petition under this Article shall have been approved by the people in accordance with the foregoing provisions of this section, such Bill shall as soon as may be after such approval be presented to the President for his signature and promulgation by him as a law and the President shall thereupon sign the Bill and duly promulgate it as a law.
In every case in which the President decides that a Bill the subject of a petition under this Article does not contain a proposal of such importance to Northern Ireland that the will of the people thereon ought to be ascertained, he shall inform the First and Second Ministers and the Speaker of the Northern Ireland Assembly accordingly in writing under his hand and Seal, and such Bill shall be signed by the President not later than eleven days after the date on which the Bill shall have passed by the Northern Ireland Assembly and shall be duly promulgated by him as a law.

The Northern Ireland Executive

Article 28P

The Northern Ireland Executive shall consist of not less than seven members who shall be appointed by the President in accordance with the provisions of this Constitution and the law.
The executive power of Northern Ireland shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Northern Ireland Executive.
1. The Northern Ireland Executive shall be responsible to the Northern Ireland Assembly.
2. The Northern Ireland Executive shall meet and act as a collective authority, and shall be collectively responsible for the Northern Ireland Departments of State administered by the members of the Northern Ireland Executive.
3. The confidentiality of discussions at meetings of the Northern Ireland Executive shall be respected in all circumstances save only where the High Court determines that disclosure should be made in respect of a particular matter -
  i in the interests of the administration of justice by a Court, or
  ii by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Northern Ireland Executive or a Minister of the Northern Ireland Executive on the authority of Northern Ireland Assembly to inquire into a matter stated by it to be of public importance.
4. The Northern Ireland Executive shall prepare Estimates of the Receipts and Estimates of the Expenditure of the State for each financial year, and shall present them to the Northern Ireland Assembly for consideration.
1. The joint heads of the Northern Ireland Executive shall be called, and are in this Constitution referred to as, the First Minister and the Second Minister.
2. The First and Second Ministers shall keep the President and the Government generally informed on matters of policy of the Northern Ireland Executive.
The First Minister, the Second Minister and the other members of the Northern Ireland Executive must be members of the Northern Ireland Assembly.
1. The composition of the Northern Ireland Executive as regarding the community designation of its members must reflect the strength of designated unionist and nationalist parties in the Northern Ireland Assembly: Designated cross-community parties shall be reckoned according to the proportion of their unionist and nationalist members in the Northern Ireland Assembly.
2. Nothing in the foregoing subsection shall be construed as entitling any party represented in the Northern Ireland Assembly to members of the Northern Ireland Executive.
3. In particular, the First Minister must come from the largest community designation in the Assembly, and the Second Minister must come from the other community designation.
4. The member of the Northern Ireland Executive who is in charge of the Northern Ireland Department of Justice must be appointed on a cross-community basis.
Every member of the Northern Ireland Executive shall have the right to attend and be heard in the Government and in each House of the Oireachtas.
The members of the Northern Ireland Executive in office at the date of a dissolution of the Northern Ireland Assembly shall continue to hold office until their successors shall have been appointed.
The following matters shall be regulated in accordance with a law of the Northern Ireland Assembly, namely, the organization of, and distribution of business amongst, Northern Ireland Departments of State, the designation of members of the Northern Ireland Executive to be the Ministers in charge of the said Departments, the discharge of the functions of the office of a member of the Northern Ireland Executive during his temporary absence or incapacity, and the remuneration of the members of the Northern Ireland Executive.

Article 28Q

1. The President shall, on the nomination of those members of Northern Ireland Assembly belonging to the largest community designation in the Assembly, appoint the First Minister.
2. The President shall, on the nomination of the First Minister with the previous approval of those members of Northern Ireland Assembly belonging to the largest community designation in the Assembly, appoint the other members of the Northern Ireland Executive belonging to the largest community designation in the Assembly.
1. The First Minister shall nominate a member of the Northern Ireland Executive belonging to the largest community designation in the Assembly to be the Deputy First Minister.
2. The Deputy First Minister shall act for all purposes in the place of the First Minister if the First Minister should die, or become permanently incapacitated, until a new First Minister shall have been appointed.
3. The Deputy First Minister shall also act for or in the place of the First Minister during the temporary absence of the First Minister.
4. If the Deputy First Minister is unable to act in the place of the First Minister in the circumstances defined in subsections 2° and 3° of this section, a designated member of the Northern Ireland Executive belonging to the largest community designation in the Assembly shall so act.
5. Where both the First Minister and the Deputy First Minister have died or have become permanently incapacitated, or during the temporary absence of both the First Minister and the Deputy First Minister, the senior available member of the Northern Ireland Executive belonging to the largest community designation in the Assembly shall act for or in the place of the First Minister, and for the purposes of this subsection, seniority shall be defined in accordance with a procedure prescribed by law.
1. The First Minister may resign from office at any time by placing his resignation in the hands of the President.
2. Any other member of the Northern Ireland Executive belonging to the largest community designation in the Assembly may resign from office by placing his resignation in the hands of the First Minister for submission to the President.
3. The President shall accept the resignation of a member of the Northern Ireland Executive belonging to the largest community designation in the Assembly, other than the First Minister, if so advised by the First Minister.
4. The First Minister may at any time, for reasons which to him seem sufficient, request a member of the Northern Ireland Executive belonging to the largest community designation in the Assembly to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the First Minister so advises.
The First Minister shall resign from office upon if, for a period of not less than two weeks, he has ceased to retain the support of a majority of those members of Northern Ireland Assembly belonging to the largest community designation in the Assembly, unless the President declares an extraordinary general election for members of the Northern Ireland Assembly and on the reassembly of the Northern Ireland Assembly after such general election the First Minister secures the support of a majority of those members of Northern Ireland Assembly belonging to his community designation and such community designation remains the largest in the Assembly.
1. If the First Minister at any time resigns from office the other members of the Northern Ireland Executive belonging to the largest community designation in the Assembly shall be deemed also to have resigned from office, but the First Minister and the other such members of the Northern Ireland Executive shall continue to carry on their duties until their successors shall have been appointed.
2. If at any time the First Minister's community designation has ceased to be the largest community designation in the Assembly the membership of the Northern Ireland Executive belonging to such community designation shall not be prejudiced thereby and, in particular, the First Minister and Deputy First Minister shall immediately assume the offices of Second Minister and Deputy Second Minister respectively.
The member of the Northern Ireland Executive who is in charge of the Northern Ireland Department of Justice shall not be deemed to belong to the largest community designation in the Assembly for the purposes of this Article.

Article 28R

1. The President shall, on the nomination of those members of Northern Ireland Assembly belonging to the second-largest community designation in the Assembly, appoint the Second Minister.
2. The President shall, on the nomination of the Second Minister with the previous approval of those members of Northern Ireland Assembly belonging to the second-largest community designation in the Assembly, appoint the other members of the Northern Ireland Executive belonging to the second-largest community designation in the Assembly.
1. The Second Minister shall nominate a member of the Northern Ireland Executive belonging to the second-largest community designation in the Assembly to be the Deputy Second Minister.
2. The Deputy Second Minister shall act for all purposes in the place of the Second Minister if the Second Minister should die, or become permanently incapacitated, until a new Second Minister shall have been appointed.
3. The Deputy Second Minister shall also act for or in the place of the Second Minister during the temporary absence of the Second Minister.
4. If the Deputy Second Minister is unable to act in the place of the Second Minister in the circumstances defined in subsections 2° and 3° of this section, a designated member of the Northern Ireland Executive belonging to the second-largest community designation in the Assembly shall so act.
5. Where both the Second Minister and the Deputy Second Minister have died or have become permanently incapacitated, or during the temporary absence of both the Second Minister and the Deputy Second Minister, the senior available member of the Northern Ireland Executive belonging to the second-largest community designation in the Assembly shall act for or in the place of the Second Minister, and for the purposes of this subsection, seniority shall be defined in accordance with a procedure prescribed by law.
1. The Second Minister may resign from office at any time by placing his resignation in the hands of the President.
2. Any other member of the Northern Ireland Executive belonging to the second-largest community designation in the Assembly may resign from office by placing his resignation in the hands of the Second Minister for submission to the President.
3. The President shall accept the resignation of a member of the Northern Ireland Executive belonging to the second-largest community designation in the Assembly, other than the Second Minister, if so advised by the Second Minister.
4. The Second Minister may at any time, for reasons which to him seem sufficient, request a member of the Northern Ireland Executive belonging to the second-largest community designation in the Assembly to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the Second Minister so advises.
The Second Minister shall resign from office upon if, for a period of not less than two weeks, he has ceased to retain the support of a majority of those members of Northern Ireland Assembly belonging to the second-largest community designation in the Assembly, unless the President declares an extraordinary general election for members of the Northern Ireland Assembly and on the reassembly of the Northern Ireland Assembly after such general election the Second Minister secures the support of a majority of those members of Northern Ireland Assembly belonging to his community designation and such community designation remains the second-largest in the Assembly.
1. If the Second Minister at any time resigns from office the other members of the Northern Ireland Executive belonging to the second-largest community designation in the Assembly shall be deemed also to have resigned from office, but the Second Minister and the other such members of the Northern Ireland Executive shall continue to carry on their duties until their successors shall have been appointed.
2. If at any time the Second Minister's community designation has become the largest community designation in the Assembly the membership of the Northern Ireland Executive belonging to such community designation shall not be prejudiced thereby and, in particular, the Second Minister and Deputy Second Minister shall immediately assume the offices of First Minister and Deputy First Minister respectively.
The member of the Northern Ireland Executive who is in charge of the Northern Ireland Department of Justice shall not be deemed to belong to the second-largest community designation in the Assembly for the purposes of this Article.

Article 28S

The President shall, on the nomination of the Taoiseach made after consultation with the First Minister and the Second Minister and with the previous approval of those members of Northern Ireland Assembly belonging to each community designation in the Assembly, appoint the member of the Northern Ireland Executive who is in charge of the Northern Ireland Department of Justice.
1. The member of the Northern Ireland Executive who is in charge of the Northern Ireland Department of Justice may resign from office by placing his resignation in the hands of the Taoiseach for submission to the President.
2. The President shall accept the resignation of the member of the Northern Ireland Executive who is in charge of the Northern Ireland Department of Justice if so advised by the Taoiseach after consultation with the First Minister and the Second Minister.
3. The Taoiseach may at any time, after consultation with the First Minister and the Second Minister, request the member of the Northern Ireland Executive who is in charge of the Northern Ireland Department of Justice to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the Taoiseach so advises after consultation with the First Minister and the Second Minister.
The member of the Northern Ireland Executive who is in charge of the Northern Ireland Department of Justice shall resign from office upon if, for a period of not less than two weeks, he has ceased to retain the support of a majority of those members of Northern Ireland Assembly belonging to either community designation in the Assembly, unless the President declares an extraordinary general election for members of the Northern Ireland Assembly and on the reassembly of the Northern Ireland Assembly after such general election the member of the Northern Ireland Executive who is in charge of the Northern Ireland Department of Justice secures the support of a majority of those members of Northern Ireland Assembly belonging to each community designation.
If the member of the Northern Ireland Executive who is in charge of the Northern Ireland Department of Justice at any time resigns from office he shall continue to carry on his duties until his successor shall have been appointed.

INTERNATIONAL RELATIONS

Article 29

Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.
Ireland affirms its adherence to the principle of the pacific settlement of international disputes by international arbitration or judicial determination.
Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.
1. The executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government, but the appointment of diplomatic and consular agents of the State, the reception of foreign diplomatic and consular agents, and the conclusion of international agreements shall be made by the President.
2. For the purpose of the exercise of any executive function of the State in or in connection with its external relations, the Government may to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the State is or becomes associated for the purpose of international co-operation in matters of common concern.
3. The State may become a member of the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March 1957).
4. Ireland affirms its commitment to the European Union within which the Member States of that Union work together to promote peace, shared values and the well-being of their peoples.
5. The State may ratify the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on the 13th day of December 2007 (“Treaty of Lisbon”), and may be a member of the European Union established by virtue of that Treaty.
6. No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State, before, on or after the entry into force of the Treaty of Lisbon, that are necessitated by the obligations of membership of the European Union referred to in subsection 5 of this section or of the European Atomic Energy Community, or prevents laws enacted, acts done or measures adopted by—
  i. the said European Union or the European Atomic Energy Community, or by institutions thereof,
  ii. the European Communities or European Union existing immediately before the entry into force of the Treaty of Lisbon, or by institutions thereof, or
  iii. bodies competent under the treaties referred to in this section,
  from having the force of law in the State.
7. The State may exercise the options or discretions—
  i. to which Article 20 of the Treaty on European Union relating to enhanced cooperation applies,
  ii. under Protocol No. 19 on the Schengen acquis integrated into the framework of the European Union annexed to that treaty and to the Treaty on the Functioning of the European Union (formerly known as the Treaty establishing the European Community), and
  iii under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, so annexed, including the option that the said Protocol No. 21 shall, in whole or in part, cease to apply to the State,
  but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.
8. The State may agree to the decisions, regulations or other acts—
  i. under the Treaty on European Union and the Treaty on the Functioning of the European Union authorising the Council of the European Union to act other than by unanimity,
  ii. under those treaties authorising the adoption of the ordinary legislative procedure, and
  iii. under subparagraph (d) of Article 82.2, the third subparagraph of Article 83.1 and paragraphs 1 and 4 of Article 86 of the Treaty on the Functioning of the European Union, relating to the area of freedom, security and justice,
  but the agreement to any such decision, regulation or act shall be subject to the prior approval of both Houses of the Oireachtas.
9. The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 42 of the Treaty on European Union where that common defence would include the State.
10. The State may ratify the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union done at Brussels on the 2nd day of March 2012. No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the obligations of the State under that Treaty or prevents laws enacted, acts done or measures adopted by bodies competent under that Treaty from having the force of law in the State.
1. Every international agreement to which the State becomes a party shall be laid before Dáil Éireann.
2. The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann.
3. This section shall not apply to agreements or conventions of a technical and adminstrative character.
No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas.
1. The State may consent to be bound by the British-Irish Agreement done at Belfast on the 10th day of April, 1998, hereinafter called the Agreement.
2. Any institution established by or under the Agreement may exercise the powers and functions thereby conferred on it in respect of all or any part of the island of Ireland notwithstanding any other provision of this Constitution conferring a like power or function on any person or any organ of State appointed under or created or established by or under this Constitution. Any power or function conferred on such an institution in relation to the settlement or resolution of disputes or controversies may be in addition to or in substitution for any like power or function conferred by this Constitution on any such person or organ of State as aforesaid.
The State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law.
The State may ratify the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998.

THE ATTORNEY GENERAL

Article 30

There shall be an Attorney General who shall be the adviser of the Government in matters of law and legal opinion, and shall exercise and perform all such powers, functions and duties as are conferred or imposed on him by this Constitution or by law.
The Attorney General shall be appointed by the President on the nomination of the Taoiseach.
All crimes and offences prosecuted in any court constituted under Article 34 of this Constitution other than a court of summary jurisdiction shall be prosecuted in the name of the People and at the suit of the Attorney General or some other person authorised in accordance with law to act for that purpose.
The Attorney General shall not be a member of the Government.
1. The Attorney General may at any time resign from office by placing his resignation in the hands of the Taoiseach for submission to the President.
2. The Taoiseach may, for reasons which to him seem sufficient, request the resignation of the Attorney General.
3. In the event of failure to comply with the request, the appointment of the Attorney General shall be terminated by the President if the Taoiseach so advises.
4. The Attorney General shall retire from office upon the resignation of the Taoiseach, but may continue to carry on his duties until the successor to the Taoiseach shall have been appointed.
Subject to the foregoing provisions of this Article, the office of Attorney General, including the remuneration to be paid to the holder of the office, shall be regulated by law.

THE COUNCIL OF STATE

Article 31

There shall be a Council of State to aid and counsel the President on all matters on which the President may consult the said Council in relation to the exercise and performance by him of such of his powers and functions as are by this Constitution expressed to be exercisable and performable after consultation with the Council of State, and to exercise such other functions as are conferred on the said Council by this Constitution.
The Council of State shall consist of the following members:
i. As ex-officio members: the Vice-President, the Taoiseach, the Tánaiste, the Chief Justice, the President of the Court of Appeal, the President of the High Court, the Chairman of Dáil Éireann, the First Minister of Northern Ireland, the Second Minister of Northern Ireland, the Chairman of the Northern Ireland Assembly, and the Attorney General.
ii. Every person able and willing to act as a member of the Council of State who shall have held the office of President, or the office of Vice-President, or the office of Taoiseach, or the office of Chief Justice, or the office of First Minister of Northern Ireland, or the office of Second Minister of Northern Ireland.
iii. Such other persons, if any, as may be appointed by the President under this Article to be members of the Council of State.
The President may at any time and from time to time by warrant under his hand and Seal appoint such other persons as, in his absolute discretion, he may think fit, to be members of the Council of State, but not more than seven persons so appointed shall be members of the Council of State at the same time.
Every member of the Council of State shall at the first meeting thereof which he attends as a member take and subscribe a declaration in the following form:
"In the presence of Almighty God I, , do solemnly and sincerely promise and declare that I will faithfully and conscientiously fulfil my duties as a member of the Council of State."
Every member of the Council of State appointed by the President, unless he dies, resigns, becomes permanently incapacitated, or is removed from office, shall hold office until the successor of the President by whom he was appointed shall have entered upon his office.
Any member of the Council of State appointed by the President may resign from office by placing his resignation in the hands of the President.
The President may, for reasons which to him seem sufficient, by an order under his hand and Seal, terminate the appointment of any member of the Council of State appointed by him.
Meetings of the Council of State may be convened by the President at such times and places as he shall determine.

Article 32

The President shall not exercise or perform any of the powers or functions which are by this Constitution expressed to be exercisable or performable by him after consultation with the Council of State unless, and on every occasion before so doing, he shall have convened a meeting of the Council of State and the members present at such meeting shall have been heard by him.

THE COMPTROLLER AND AUDITOR GENERAL

Article 33

There shall be a Comptroller and Auditor General to control on behalf of the State all disbursements and to audit all accounts of moneys administered by or under the authority of the Oireachtas.
The Comptroller and Auditor General shall be appointed by the President on the nomination of Dáil Éireann.
The Comptroller and Auditor General shall not be a member of either House of the Oireachtas and shall not hold any other office or position of emolument.
The Comptroller and Auditor General shall report to Dáil Éireann at stated periods as determined by law.
1. The Comptroller and Auditor General shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.
2. The Taoiseach shall duly notify the President of any such resolutions as aforesaid passed by Dáil Éireann and by Seanad Éireann and shall send him a copy of each such resolution certified by the Chairman of the House of the Oireachtas by which it shall have been passed.
3. Upon receipt of such notification and of copies of such resolutions, the President shall forthwith, by an order under his hand and Seal, remove the Comptroller and Auditor General from office.
Subject to the foregoing, the terms and conditions of the office of Comptroller and Auditor General shall be determined by law.

THE COURTS

Article 34

Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public.
The Courts shall comprise:
i. Courts of First Instance;
iii. a Court of Appeal; and
iii. a Court of Final Appeal.
1. The Courts of First Instance shall include a High Court invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal.
2. Save as otherwise provided by this Article, the jurisdiction of the High Court shall extend to the question of the validity of any law having regard to the provisions of this Constitution, and no such question shall be raised (whether by pleading, argument or otherwise) in any Court established under this or any other Article of this Constitution other than the High Court, the Court of Appeal or the Supreme Court.
3. No Court whatever shall have jurisdiction to question the validity of a law, or any provision of a law, the Bill for which shall have been referred to the Supreme Court by the President under Article 26 of this Constitution, or to question the validity of a provision of a law where the corresponding provision in the Bill for such law shall have been referred to the Supreme Court by the President under the said Article 26.
4. The Courts of First Instance shall also include Courts of local and limited jurisdiction with a right of appeal as determined by law.
1. The Court of Appeal shall:—
  i. save as otherwise provided by this Article, and
  ii. with such exceptions and subject to such regulations as may be prescribed by law,
  have appellate jurisdiction from all decisions of the High Court, and shall also have appellate jurisdiction from such decisions of other courts as may be prescribed by law.
2. No law shall be enacted excepting from the appellate jurisdiction of the Court of Appeal cases which involve questions as to the validity of any law having regard to the provisions of this Constitution.
3. The decision of the Court of Appeal shall be final and conclusive, save as otherwise provided by this Article.
1. The Court of Final Appeal shall be called the Supreme Court.
2. The president of the Supreme Court shall be called the Chief Justice.
3. The Supreme Court shall, subject to such regulations as may be prescribed by law, have appellate jurisdiction from a decision of the Court of Appeal if the Supreme Court is satisfied that:—
  i. the decision involves a matter of general public importance, or
  ii. in the interests of justice it is necessary that there be an appeal to the Supreme Court.
4. No law shall be enacted excepting from the appellate jurisdiction of the Supreme Court cases which involve questions as to the validity of any law having regard to the provisions of this Constitution.
5. The decision of the Supreme Court shall in all cases be final and conclusive.
1. Every person appointed a judge under this Constitution shall make and subscribe the following declaration:
  "In the presence of Almighty God I, , do solemnly and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office of Chief Justice (or as the case may be) without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me."
  The President may omit the religious references.
2. This declaration shall be made and subscribed by the Chief Justice in the presence of the President, and by each of the other judges of the Supreme Court, the judges of the Court of Appeal, the judges of the High Court and the judges of every other Court in the presence of the Chief Justice or the senior available judge of the Supreme Court in open court.
3. The declaration shall be made and subscribed by every judge before entering upon his duties as such judge, and in any case not later than ten days after the date of his appointment or such later date as may be determined by the President.
4. Any judge who declines or neglects to make such declaration as aforesaid shall be deemed to have vacated his office.

Article 35

The judges of the Supreme Court, the Court of Appeal, the High Court and all other Courts established in pursuance of Article 34 hereof shall be appointed by the President.
All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law.
No judge shall be eligible to be a member of either House of the Oireachtas or to hold any other office or position of emolument.
1. A judge of the Supreme Court, the Court of Appeal or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.
2. The Taoiseach shall duly notify the President of any such resolutions passed by Dáil Éireann and by Seanad Éireann, and shall send him a copy of every such resolution certified by the Chairman of the House of the Oireachtas by which it shall have been passed.
3. Upon receipt of such notification and of copies of such resolutions, the President shall forthwith, by an order under his hand and Seal, remove from office the judge to whom they relate.
1. The remuneration of judges shall not be reduced during their continuance in office save in accordance with this section.
2. The remuneration of judges is subject to the imposition of taxes, levies or other charges that are imposed by law on persons generally or persons belonging to a particular class.
3. Where, before or after the enactment of this section, reductions have been or are made by law to the remuneration of persons belonging to classes of persons whose remuneration is paid out of public money and such law states that those reductions are in the public interest, provision may also be made by law to make proportionate reductions to the remuneration of judges.

Article 36

Subject to the foregoing provisions of this Constitution relating to the Courts, the following matters shall be regulated in accordance with law, that is to say:
i. the number of judges of the Supreme Court, of the Court of Appeal, and of the High Court, the remuneration, age of retirement and pensions of such judges,
ii. the number of the judges of all other Courts, and their terms of appointment, and
iii. the constitution and organization of the said Courts, the distribution of jurisdiction and business among the said Courts and judges, and all matters of procedure.

Article 37

Nothing in this Constitution shall operate to invalidate the exercise of limited functions and powers of a judicial nature, in matters other than criminal matters, by any person or body of persons duly authorised by law to exercise such functions and powers, notwithstanding that such person or such body of persons is not a judge or a court appointed or established as such under this Constitution.
No adoption of a person taking effect or expressed to take effect at any time after the coming into operation of this Constitution under laws enacted by the Oireachtas and being an adoption pursuant to an order made or an authorisation given by any person or body of persons designated by those laws to exercise such functions and powers was or shall be invalid by reason only of the fact that such person or body of persons was not a judge or a court appointed or established as such under this Constitution.

TRIAL OF OFFENCES

Article 38

No person shall be tried on any criminal charge save in due course of law.
Minor offences may be tried by courts of summary jurisdiction.
1. Special courts may be established by law for the trial of offences in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order.
2. The constitution, powers, jurisdiction and procedure of such special courts shall be prescribed by law.
1. Military tribunals may be established for the trial of offences against military law alleged to have been committed by persons while subject to military law and also to deal with a state of war or armed rebellion.
2. A member of the Defence Forces not on active service shall not be tried by any courtmartial or other military tribunal for an offence cognisable by the civil courts unless such offence is within the jurisdiction of any courtmartial or other military tribunal under any law for the enforcement of military discipline.
Save in the case of the trial of offences under section 2, section 3 or section 4 of this Article no person shall be tried on any criminal charge without a jury.
The provisions of Articles 34 and 35 of this Constitution shall not apply to any court or tribunal set up under section 3 or section 4 of this Article.

Article 39

Treason shall consist only in levying war against the State, or assisting any State or person or inciting or conspiring with any person to levy war against the State, or attempting by force of arms or other violent means to overthrow the organs of government established by this Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt.

FUNDAMENTAL RIGHTS

PERSONAL RIGHTS

Article 40

All citizens shall, as human persons, be held equal before the law.
This shall not be held to mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function.
1. Titles of nobility shall not be conferred by the State.
2. No title of nobility or of honour may be accepted by any citizen except with the prior approval of the Government.
1. The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen.
2. The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen.
3. Provision may be made by law for the regulation of termination of pregnancy.
1. No citizen shall be deprived of his personal liberty save in accordance with law.
2. Upon complaint being made by or on behalf of any person to the High Court or any judge thereof alleging that such person is being unlawfully detained, the High Court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order the person in whose custody such person is detained to produce the body of such person before the High Court on a named day and to certify in writing the grounds of his detention, and the High Court shall, upon the body of such person being produced before that Court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he is being detained in accordance with the law.
3. Where the body of a person alleged to be unlawfully detained is produced before the High Court in pursuance of an order in that behalf made under this section and that Court is satisfied that such person is being detained in accordance with a law but that such law is invalid having regard to the provisions of this Constitution, the High Court shall refer the question of the validity of such law to the Court of Appeal by way of case stated and may, at the time of such reference or at any time thereafter, allow the said person to be at liberty on such bail and subject to such conditions as the High Court shall fix until the Court of Appeal has determined the question so referred to it.
4. The High Court before which the body of a person alleged to be unlawfully detained is to be produced in pursuance of an order in that behalf made under this section shall, if the President of the High Court or, if he is not available, the senior judge of that Court who is available so directs in respect of any particular case, consist of three judges and shall, in every other case, consist of one judge only.
5. Nothing in this section, however, shall be invoked to prohibit, control, or interfere with any act of the Defence Forces during the existence of a state of war or armed rebellion.
6. Provision may be made by law for 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 dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.
1. The State guarantees liberty for the exercise of the following rights, subject to public order and morality:
  i. The right of the citizens to express freely their convictions and opinions.
  The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State.
  The publication or utterance of seditious, or indecent matter is an offence which shall be punishable in accordance with law.
  ii. The right of the citizens to assemble peaceably and without arms.
  Provision may be made by law to prevent or control meetings which are determined in accordance with law to be calculated to cause a breach of the peace or to be a danger or nuisance to the general public and to prevent or control meetings in the vicinity of either House of the Oireachtas.
  iii. The right of the citizens to form associations and unions.
  Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right.
2. Laws regulating the manner in which the right of forming associations and unions and the right of free assembly may be exercised shall contain no political, religious or class discrimination.

THE FAMILY

Article 41

1. The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.
2. The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.
The State shall endeavour to ensure that parents shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.
1. The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.
2. A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that -
  i. there is no reasonable prospect of a reconciliation between the spouses,
  ii. such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and
  iii. any further conditions prescribed by law are complied with.
3. Provision may be made by law for the recognition under the law of the State of a dissolution of marriage granted under the civil law of another state.
Marriage may be contracted in accordance with law by two persons without distinction as to their sex.

EDUCATION

Article 42

The State acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children.
Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State.
1. The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.
2. The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social.
The State shall provide for free primary education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation.
In exceptional cases, where the parents for physical or moral reasons fail in their duty towards their children, the State as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.

CHILDREN

Article 42A

The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights.
1. In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such an extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
2. Provision shall be made by law for the adoption of any child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child and where the best interests of the child so require.
Provision shall be made by law for the voluntary placement for adoption and the adoption of any child.
1. Provision shall be made by law that in the resolution of all proceedings—
  i. brought by the State, as guardian of the common good, for the purpose of preventing the safety and welfare of any child from being prejudicially affected, or
  ii. concerning the adoption, guardianship or custody of, or access to, any child,
  the best interests of the child shall be the paramount consideration.
2. Provision shall be made by law for securing, as far as practicable, that in all proceedings referred to in subsection 1° of this section in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child.

PRIVATE PROPERTY

Article 43

1. The State acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods.
2. The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property.
1. The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice.
2. The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good.

RELIGON

Article 44

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.
1. Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.
2. The State guarantees not to endow any religion.
3. The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.
4. Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.
5. Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes.
6. The property of any religious denomination or any educational institution shall not be diverted save for necessary works of public utility and on payment of compensation.

DIRECTIVE PRINCIPLES OF SOCIAL POLICY

Article 45

The principles of social policy set forth in this Article are intended for the general guidance of the Oireachtas. The application of those principles in the making of laws shall be the care of the Oireachtas exclusively, and shall not be cognisable by any Court under any of the provisions of this Constitution.

The State shall strive to promote the welfare of the whole people by securing and protecting as effectively as it may a social order in which justice and charity shall inform all the institutions of the national life.
The State shall, in particular, direct its policy towards securing:
i. That the citizens (all of whom, men and women equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs.
ii. That the ownership and control of the material resources of the community may be so distributed amongst private individuals and the various classes as best to subserve the common good.
iii. That, especially, the operation of free competition shall not be allowed so to develop as to result in the concentration of the ownership or control of essential commodities in a few individuals to the common detriment.
iv. That in what pertains to the control of credit the constant and predominant aim shall be the welfare of the people as a whole.
v. That there may be established on the land in economic security as many families as in the circumstances shall be practicable.
1. The State shall favour and, where necessary, supplement private initiative in industry and commerce.
2. The State shall endeavour to secure that private enterprise shall be so conducted as to ensure reasonable efficiency in the production and distribution of goods and as to protect the public against unjust exploitation.
1. The State pledges itself to safeguard with especial care the economic interests of the weaker sections of the community, and, where necessary, to contribute to the support of the infirm, the widow, the orphan, and the aged.
2. The State shall endeavour to ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter avocations unsuited to their sex, age or strength.

AMENDMENT OF THE CONSTITUTION

Article 46

Any provision of this Constitution may be amended, whether by way of variation, addition, or repeal, in the manner provided by this Article.
Every proposal for an amendment of this Constitution shall be initiated in Dáil Éireann as a Bill, and shall upon having been passed or deemed to have been passed by both Houses of the Oireachtas, be submitted by Referendum to the decision of the people in accordance with the law for the time being in force relating to the Referendum.
Every such Bill shall be expressed to be "An Act to amend the Constitution".
A Bill containing a proposal or proposals for the amendment of this Constitution shall not contain any other proposal.
A Bill containing a proposal for the amendment of this Constitution shall be signed by the President forthwith upon his being satisfied that the provisions of this Article have been complied with in respect thereof and that such proposal has been duly approved by the people in accordance with the provisions of section 1 of Article 47 of this Constitution and shall be duly promulgated by the President as a law.

THE REFERENDUM

Article 47

Every initiative bill or proposal for an amendment of this Constitution which is submitted by Referendum to the decision of the people shall, for the purpose of Article 46 of this Constitution, be held to have been approved by the people, if, upon having been so submitted, a majority of the votes cast at such Referendum shall have been cast in favour of its enactment into law.
1. Every proposal, other than an initiative bill or a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall be held to have been vetoed by the people if a majority of the votes cast at such Referendum shall have been cast against its enactment into law and if the votes so cast against its enactment into law shall have amounted to not less than thirty-three and one-third per cent. of the voters on the register.
2. Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall for the purposes of Article 27 hereof be held to have been approved by the people unless vetoed by them in accordance with the provisions of the foregoing sub-section of this section.
Every person who has the right to vote at an election for members of Dáil Éireann shall have the right to vote at a Referendum.
Subject as aforesaid, the Referendum shall be regulated by law.

REPEAL OF CONSTIUTION OF SAORSTÁT ÉIREANN AND CONTINUANCE OF LAWS

Article 48

The Constitution of Saorstát Éireann in force immediately prior to the date of the coming into operation of this Constitution and the Constitution of the Irish Free State (Saorstát Éireann) Act, 1922, in so far as that Act or any provision thereof is then in force shall be and are hereby repealed as on and from that date.

Article 49

All powers, functions, rights and prerogatives whatsoever exercisable in or in respect of Saorstát Éireann immediately before the 11th day of December, 1936, whether in virtue of the Constitution then in force or otherwise, by the authority in which the executive power of Saorstát Éireann was then vested are hereby declared to belong to the people.
It is hereby enacted that, save to the extent to which provision is made by this Constitution or may hereafter be made by law for the exercise of any such power, function, right or prerogative by any of the organs established by this Constitution, the said powers, functions, rights and prerogatives shall not be exercised or be capable of being exercised in or in respect of the State save only by or on the authority of the Government.
The Government shall be the successors of the Government of Saorstát Éireann as regards all property, assets, rights and liabilities.

Article 50

Subject to this Constitution and to the extent to which they are not inconsistent therewith, the laws in force in Saorstát Éireann immediately prior to 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 Oireachtas.
Laws enacted before, but expressed to come into force after, the coming into operation of this Constitution, shall, unless otherwise enacted by the Oireachtas, come into force in accordance with the terms thereof.

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