{"id":4875,"date":"2018-12-30T11:24:39","date_gmt":"2018-12-30T11:24:39","guid":{"rendered":"http:\/\/legalblog.ie\/the-presidenct\/"},"modified":"2023-09-13T09:43:13","modified_gmt":"2023-09-13T09:43:13","slug":"the-presidenct","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/the-presidenct\/","title":{"rendered":"The President"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/the-presidenct\/#Role\" title=\"Role\">Role<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/the-presidenct\/#Formal_Appointment_Role\" title=\"Formal Appointment Role\">Formal Appointment Role<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/the-presidenct\/#Discretionary_Powers\" title=\"Discretionary Powers\">Discretionary Powers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/the-presidenct\/#The_Council_of_State\" title=\"The Council of State\">The Council of State<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/the-presidenct\/#Election\" title=\"Election\">Election<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/the-presidenct\/#Removal\" title=\"Removal\">Removal<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/the-presidenct\/#Staff_and_Secretariat\" title=\"Staff and Secretariat\">Staff and Secretariat<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Role\"><\/span>Role<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The President is Head of State. In this capacity, he plays a number of roles. Most are ceremonial in nature and\/or are performed on the advice of the Government. In these cases, the President has no discretion.<\/p>\n<p>There are a relatively small number of functions where the President has a genuine discretion as to their exercise. In these latter functions, the President acts as guardian of the Constitution.<\/p>\n<p>The President represents the State on the international stage. He may make visits to foreign Heads of State and Governments and may receive visiting Heads of State. However, he does so on the advice of the Government. He may not leave the State without the consent of the Government. The Taoiseach must keep President informed on matters of domestic and international affairs.<\/p>\n<p>The President may address the Nation on matters of national importance. However, the message or address must be approved by the Government. Generally, the President does not speak publicly on political issues without the consent of the government.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Formal_Appointment_Role\"><\/span>Formal Appointment Role<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The President appoints the Taoiseach on the recommendation of the D\u00e1il. The President appoints the members of the Government on the advice of the Taoiseach. In addition, the President appoints members of the judiciary and Irish ambassadors.<\/p>\n<p>Many other senior officers of the State, such as the Attorney General and the Controller and Auditor General are appointed by the President on nomination by the D\u00e1il. The relevant appointments may be terminated by the President, on the advice of the Taoiseach, D\u00e1il or Oireachtas, as the case, may be.<\/p>\n<p>The President is the nominal head of the Armed Forces. In practice, the military command of the Armed Forces is exercisable by the Minister for Defence. The President makes the appointments of senior officers in the Armed Forces.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Discretionary_Powers\"><\/span>Discretionary Powers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The President must sign Bills passed by both Houses of the Oireachtas. Bills become law on the signature of the\u00a0 President. Instead of signing a Bill into law, the President may refer a Bill to the Supreme Court for a decision as to its constitutionality. If, on reference to the Supreme Court, it decides that the Bill is unconstitutional, it is not signed into law. The power to refer a Bill does not apply to a money Bill. This power has been exercised on a number of occasions.<\/p>\n<p>The President may refuse to dissolve the D\u00e1il on the advice of a Taoiseach who ceases to retain the support of the majority of the D\u00e1il. A dissolution might be refused if the President is satisfied that an alternative Government is feasible.<\/p>\n<p>The President, after consultation with the Council of State, may convene a meeting of either or both Houses of the Oireachtas.<\/p>\n<p>The President may be requested by a majority of Senators and at least one third of the D\u00e1il not to sign a Bill, unless it has been approved at referendum or general election. If the President decides that a proposal is of such national importance that the will of the people should in his opinion be ascertained, the Bill cannot become law until approved by referendum or after a general election. This has never occurred.<\/p>\n<p>Where a Bill is of urgent and immediate necessity for the preservation of peace and security by reason of an emergency, the time for consideration by the Senate may be shortened. The President must agree with the Government&#8217;s view in this regard before the procedure can be adopted. The D\u00e1il, with the approval of the President, can limit the Senate to a shorter period.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_Council_of_State\"><\/span>The Council of State<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Council of State is made up of the Taoiseach, T\u00e1naiste, Chief Justice of the High Court, Chairpersons of the D\u00e1il and Seanad, available former Presidents and Taoisigh and of seven additional persons appointed by the President. It assists and advises the President in relation to many matters, on which he may exercise his discretionary powers.<\/p>\n<p>The President must convene a meeting of the powers of State in certain situations. The members of the Council of State explain their points of view in relation to the matter concerned. The President decides on the matter, having heard the advice, but is in no way obliged to follow it.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Election\"><\/span>Election<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The President must be over 35 years of age. The President is directly elected. A President may only be re-elected once. The President\u2019s role is non-political and candidates do not represent political parties as such.<\/p>\n<p>Historically, presidential candidates were nominated by political parties as they require nomination by 20 Senators or TDs or by four County or City Councils. However, in the last 20 years, Councils have been willing to nominate persons with no former party association as candidates.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Removal\"><\/span>Removal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The President may only be removed for stated misbehaviour and by a two-thirds majority of both Houses of the Oireachtas. One house must refer the charge and the other House must investigate it or cause it to be investigated.<\/p>\n<p>The President can be removed due to a permanent incapacity established to the satisfaction of five Judges of the Supreme Court. In the event of the President&#8217;s absence, temporary incapacity, death, resignation or failure to perform functions, his functions are performed by the Presidential Commission until the next election. This consists of the Chief Justice and the chairpersons of the D\u00e1il and Seanad.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Staff_and_Secretariat\"><\/span>Staff and Secretariat<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The President is assisted by a staff and secretariat. The Secretary General to the President is a civil servant appointed by the Government, following consultation with the President. The President has an aide-de-camp, who is usually an army officer.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-4875\" data-postid=\"4875\" class=\"themify_builder_content themify_builder_content-4875 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Role The President is Head of State. In this capacity, he plays a number of roles. Most are ceremonial in nature and\/or are performed on the advice of the Government. In these cases, the President has no discretion. There are a relatively small number of functions where the President has a genuine discretion as to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[200,60],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4875"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=4875"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4875\/revisions"}],"predecessor-version":[{"id":27272,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4875\/revisions\/27272"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=4875"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=4875"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=4875"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}