Category: State Institutions

The EU and the Constitution Ireland’s membership of the European Union has involved a significant transfer of sovereignty to the European Economic Community, laterally the European Communities and now the European Union.Article 29.4.3 provided that the State may be a member of the European Communities. The European Communities Act 1972, as amended provides that the […]

Establishment of Superior Courts The Courts of Justice Act, 1924 reestablished the courts under the Irish Free State Constitution. Most of the courts and court offices as then established, have continued to the present day. The Courts of Justice Acts, as amended from time to time, regulate the courts, court officers and court business. See […]

Power to Make Laws The sole and exclusive power of making laws is vested in the Oireachtas. The Oireachtas comprises the Dáil, the Seanad and the President. The President’s role is largely formal. The Constitution permits the creation or recognition of subordinate legislatures and may confer powers on them. This has never been availed of. […]

The Constitution’s Provisions The Constitution makes provision for control by the Oireachtas and in particular, the Dail of State finances. Article 11 of the Constitution provides that all revenues of the State from whatever source arising shall, subject to such exception as may be provided by law, form one fund. This is referred to as […]

Taoiseach & Tanaiste The Taoiseach’s duties under the Constitution include the nomination of Ministers, acceptance of resignation, nomination of persons to the Seanad, notification to the President of the removal of certain officers of State, e.g. Attorney General, Comptroller and Auditor General and judges. He advises the President in relation to the dissolution and summonsing […]

Conduct of International Relations The conduct of international relations is generally a matter for the executive and government in most States. Typically, the legislature or Parliament must authorise the use of armed force. Accordingly, in Ireland, the government has primary responsibility for foreign policy. The Dail must authorise a declaration of war. Treaties do not […]

The Judicial Power Decisions of Government as to the appointment of judges to committees,  tribunals and enquiry and boards have been upheld as valid (Haughey v. Moriarty). Similarly, administration of justice type functions have been held to be validly conferred on judges. Neither the legislature nor the executive may interfere with the courts in their […]

The State Formerly, Article 2 of the Constitution purported to include as part of the State, the whole of Ireland, its islands and territorial seas. Following the 1998 amendment pursuant to the “Good Friday” Agreement, it consists of the area formerly comprising the Irish Free State and laterally Éire Ireland or as described under the […]

Separation of Powers The Constitution provides for a separation of powers.  This principle is found in the Constitutions of most western democracies.  The lawmaking power, the executive or administrative power and the courts are largely separated. Each body or organ of State should not trespass on the other.  This is a traditional idea dating back […]

1922 Constitution The present Constitution was adopted in 1937.  It replaced the 1922 Irish Free State Constitution, which arose out of the Anglo-Irish Treaty of 1921. The 1922 Constitution had provided a role for the King, acting through a Governor General, equivalent to the President in the 1937 Constitution.  It had also provided for an […]

Taoiseach The Constitution lays down details regarding the Constitution and organisation of the government and the Courts.  The head of the government is the Taoiseach or Prime Minister.  In practice, the Irish designation is invariably used. The Taoiseach is appointed by the President on the nomination of the Dail.  The Taoiseach must be a member […]