The Irish Constitution
Bunreacht na hÉireann (Constitution of Ireland)
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.
In Ainm na Tríonóide Ró-Naofa is tobar don uile údarás agus gur chuici, ós í is críoch dheireanach dúinn, is dírithe ní amháin gníomhartha daoine ach gníomhartha Stát,
Ar mbeith dúinne, muintir na hÉireann, ag admháil go huiríseal a mhéid atáimid faoi chomaoin ag Íosa Críost, ár dTiarna Dia, a thug comhfhurtacht dár sinsir i ngach cruatan ina rahhadar ar feadh na gcéadta bliain,
Agus ar mbeith dúinn ag cuimhneamh go buíoch ar a chalmacht a rinneadarsan troid gan staonadh chun an neamhspleáchas is dual dár Náisiún a bhaint amach,
Agus ar mbeith dúinn á chur romhainn an mhaitheas phoiblí a chur ar aghaidh maille le Críonnacht agus le hÍonracas agus le Carthanacht de réir mar is cuí, ionas go dtiocfaidh linn a uaisleacht agus a shaoirse a chur in Áirithe do gach aon duine, saol ceart comhdhaonnach a bhunú, aiseag a haontachta a thabhairt dár dtír, agus comhcharadra a dhéanamh le náisiúin eile,
Atáimid leis seo ag gabháil an Bhunreachta seo chugainn, agus á achtú agus á thíolacadh dúinn féin.
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
The national territory consists of the whole island of Ireland, its islands and the territorial seas.
Article 3
Pending the re-integration of the national territory, and without prejudice to the right of the Parliament and Government established by this Constitution to exercise jurisdiction over the whole of that territory, the laws enacted by that Parliament shall have the like area and extent of application as the laws of Saorstát Éireann and the like extra-territorial effect.
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 as the national language is the first official language.
The English language is recognized as a second official language.
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
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.
The future acquisition and loss of Irish nationality and citizenship shall be determined in accordance with law.
No person may be excluded from Irish nationality and citizenship by reason of the sex of such person.
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.
Article 12
There shall be a President of Ireland (Uachtarán na hÉireann), hereinafter called the President, who shall 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.
The President shall be elected by direct vote of the people.
Every citizen 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.
The voting shall be by secret ballot and on the system of proportional representation by means of the single transferable vote.
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.
A person who holds, or who has held, office as President, shall be eligible for re-election to that office once, but only once.
An election for the office of President shall be held not later than, and not earlier than the sixtieth day before, the date of the expiration of the term of office of every President, but 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), an election for the office of President shall be held within sixty days after such event.
Every citizen who has reached his thirty-fifth year of age is eligible for election to the office of President.
Every candidate for election, not a former or retiring President, must be nominated either by:
not less than twenty persons, each of whom is at the time a member of one of the Houses of the Oireachtas or by the Councils of not less than four administrative Counties (including County Boroughs) as defined by law.
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.
Former or retiring Presidents may become candidates on their own nomination.
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.
The President shall not be a member of either House of the Oireachtas.
If a member of either House of the Oireachtas be elected President, he shall be deemed to have vacated his seat in that House.
The President shall not hold any other office or position of emolument.
The first President shall enter upon his office as soon as may be after his election, and every subsequent President shall enter upon his office on the day following the expiration of the term of office of his predecessor or as soon as may be thereafter or, in the event of his predecessor's removal from office, death, resignation, or permanent incapacity established as provided by section 3 hereof, as soon as may be after the election.
The President shall enter upon his office by taking and subscribing publicly, in the presence of members of both Houses of the Oireachtas, of Judges of the Supreme Court 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 shall not leave the State during his term of office save with the consent of the Government.
The President may be impeached for stated misbehaviour.
The charge shall be preferred by either of the Houses of the Oireachtas, subject to and in accordance with the provisions of this section.
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.
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.
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.
The President shall have the right to appear and to be represented at the investigation of the charge.
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.
The President shall have an official residence in or near the City of Dublin.
The President shall receive such emoluments and allowances as may be determined by law.
The emoluments and allowances of the President shall not be diminished during his term of office.
Article 13
The President shall, on the nomination of Dáil Éireann, appoint the Taoiseach, that is, the head of the Government or Prime Minister.
The President shall, on the nomination of the Taoiseach with the previous approval of Dáil Éireann, appoint the other members of the Government.
The President shall, on the advice of the Taoiseach, accept the resignation or terminate the appointment of any member of the Government.
Dáil Éireann shall be summoned and dissolved by the President on the advice of the Taoiseach.
The President may in his absolute discretion refuse to dissolve Dáil Éireann on the advice of a Taoiseach who has ceased to retain the support of a majority in Dáil Éireann.
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.
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.
The President shall promulgate every law made by the Oireachtas.
The supreme command of the Defence Forces is hereby vested in the President.
The exercise of the supreme command of the Defence Forces shall be regulated by law.
All commissioned officers of the Defence Forces shall hold their commissions from the President.
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, except in capital cases, also be conferred by law on other authorities.
The President may, after consultation with the Council of State, communicate with the Houses of the Oireachtas by message or address on any matter of national or public importance.
The President may, after consultation with the Council of State, address a message to the Nation at any time on any such matter.
Every such message or address must, however, have received the approval of the Government.
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.
The behaviour of the President may, however, be brought under review in either of the Houses of the Oireachtas for the purposes of section 10 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 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 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.
Kilde:
http://www.ucc.ie/celt/published/E900003-005/index.html
