International Law in Ireland By Article 29 of the Constitution, Ireland affirms its devotion to the ideal of peace and friendly cooperation between nations founded on international justice and morality. It also affirms adherence to the principle of the pacific settlement of international disputes through arbitration or judicial determination. Additionally, it acknowledges the principles of international law as its rules of conduct in relationships with […]
North-South Ministerial Council The British-Irish Agreement (Good-Friday Agreement) provided for the establishment of a North-South Ministerial Council to bring together those with executive responsibilities in Northern Ireland and Irish Government, to develop consultation, co-operation and action within the island of Ireland, including through implementation on an all-island and cross-border basis in relation to matters of mutual interest within the competence of the administrations, North and […]
Original Articles 2 & 3 Articles 2 and 3 as they existed from the adoption of Constitution until the ratification of the Belfast/ Good Friday Agreement provided as follows: Article 2 The national territory consists of the whole island of Ireland, its seas and territorial waters. Article 3 Pending the re-integration of the national territory, and without prejudice to the right of the Parliament and Government established […]
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 Treaties of European Unions and Acts adopted by the institutions […]
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 the consolidated fund or central fund. The fund is held […]
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 become part of the law of the State unless approved […]
The State and Northern Ireland Originally, Article 2 of the Constitution purported to include as part of the State, the whole of Ireland, its islands and territorial seas. The original Article 3 of the Constitution provided that pending reunification, then, the laws enacted by the Parliament established by the Constitution shall apply to the like area and extent of application as laws enacted by the […]
Deference to State The Constitution of Ireland was adopted shortly before the Second World War. It was a time in which subversive activity against the State had reached a particular height. See the section on legal history in relation to the emergency legislation of that period. Historically and internationally, courts have been reluctant to review executive decisions in relation to State security. In the United […]
Constitution Background 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 oath of allegiance and other features which, the Fianna Fail […]