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词条 Amendments to the Constitution of Ireland
释义

  1. Procedure for amendment of the Constitution

     Referendum  After the referendum  Transitional and Conditional Amendments  Historical methods 

  2. List of amendments and referendums

  3. Referendums affecting court decisions

     Rights of defendants and trial rights  Electoral matters  International Sovereignty  Abortion 

  4. Proposed amendments

     Government proposals  Private Members' Bills 

  5. Amendments to previous constitutions

  6. See also

  7. External links

  8. References

{{short description|Changes to the fundamental law of Ireland by referendum}}{{Use dmy dates|date=July 2013}}{{Politics of the Republic of Ireland}}

Amendments to the Constitution of Ireland are only possible by way of referendum. A proposal to amend the Constitution of Ireland must first be approved by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President of Ireland. Since the constitution entered into force on 29 December 1937, there have been 35 amendments to the constitution.

Aside from amendments to the Constitution itself, the Constitution also provides for referendums on ordinary bills; this is known as an ordinary referendum. This provision has never been used.

Procedure for amendment of the Constitution

Referendum

The procedure for amending the constitution is specified in Article 46. A proposed amendment must take the form of a bill to amend the constitution originating in Dáil Éireann (lower house of the Oireachtas). It must first be formally approved by both the Dáil and the Seanad, although in practice the Seanad has only the power to delay an amendment adopted by the Dáil.

The amendment must then be endorsed by the electorate in a referendum.[1] A simple majority of votes cast is sufficient to carry an amendment, with no minimum turnout required for a constitutional referendum to be considered valid. The vote is conducted by secret ballot. A proposal to amend the constitution put to a referendum must not contain any other proposal. While British citizens resident in the state may vote in a general election, only Irish citizens can participate in a referendum.

After the referendum

Once the referendum count has concluded the referendum returning officer signs a provisional referendum certificate, and publishes a copy in Iris Oifigiúil.[2] Anyone wishing to challenge the results of the referendum then has seven days to apply to the High Court for leave to present a referendum petition.[3] If no one makes such an application, if leave is not granted, or if a petition is dismissed the referendum certificate becomes final.

When the referendum passed and the final certificate has issued, the amendment must be signed into law by the President "forthwith".[4] Provided that the correct procedure has been complied with, the President cannot veto an amendment. The dates given for the amendments listed in this article are, unless otherwise stated, the dates on which they were signed into law. The shortest gap between the referendum and signing into law was twelve days for the 18th, 19th and 20th amendments. The longest was 899 days for the 31st amendment. No referendum has ever been annulled by the courts.

Transitional and Conditional Amendments

The Nineteenth Amendment, passed in May 1998, introduced a novel method of amendment. Its provisions allowed the later amendment to Articles 2 and 3 of the Constitution in 1999. The Nineteenth Amendment did not itself amend those articles, but rather introduced a temporary special mechanism by which the Government could order their amendment once it was satisfied that certain commitments made by other parties to the Good Friday Agreement had been complied with. The sections added to the text of the Constitution which provided for this later amendment to Articles no longer appear in the published official text of the Constitution, in line with their own provisions.

A similar method would have been used with the Twenty-fifth Amendment of the Constitution Bill 2001 to restrict abortion, which was rejected. The proposed Thirty-second Amendment of the Constitution Bill 2013 to abolish Seanad Éireann involved later amendments which would have taken effect after the next general election.

The Thirty-third Amendment that established the Court of Appeal had amendments which became part of the text only on the later establishment of the Court, and transitory provisions which would not appear in later printed official versions.[5]

Historical methods

As a transitional measure, for the first three years after the election of the first President of Ireland a bill to amend the Constitution could be passed by the Oireachtas as an ordinary act. An amendment bill before the election of the first President (on 25 June 1938) would have required a referendum. To prevent the Oireachtas abusing this provision, the President had the power to refer such a bill to the people. The First and Second Amendments were adopted in this way; President Douglas Hyde chose to sign each into law without referendum. The three-year limit was entrenched to prevent it being extended without referendum. Since 25 June 1941, the third anniversary of President Hyde's election, every amendment has had to be put to a referendum after its passage through the Oireachtas.

List of amendments and referendums

The following table lists all amendments to the Constitution, and all past referendums relating to the Constitution. In general it does not list proposed amendments which failed to be passed by the Oireachtas, for which see the separate list of failed amendments to the Constitution of Ireland. The exception is the 2001 Twenty-second Amendment Bill, listed below to explain the gap in the numbering of subsequent amendments.

Table of amendments and referendums relating to the Constitution of Ireland
ProposalEnactment dateSubjectReferendum dateElectorateTotal poll (%)[6]For (%)[7]Against (%)[7]Spoilt (%)[8]Ref
00|}} Draft Constitutionformat=dmy|1937-07-01}}{{refn|The Constitution was enacted by the plebiscite approving it.[10] There was no formal signing into law. It came into force 180 days after the plebiscite, on 29 December 1937.[10]|group="fn"}}Adoption of the Constitutionformat=dmy|1937-07-01}}1775055}}1346207}}75.8}}685105}}{{nts>56.5}}526945}}43.5}}134,157}}10.0 }}[9][10]
The draft Constitution was not a bill, but was passed by Dáil Éireann in the same manner as a bill before it was submitted for approval by the electorate.
01|1st Amendment}}format=dmy|1939-09-02}} Definition of warformat=hide|3333-11-22}} N/A[11]0}}0}}0}}0}}0}}0}}0}}0}}0}}[9]
Extended the definition of "time of war" to include a war in which the state is not a participant. This was to allow the Government to exercise emergency powers during the Second World War, in which the state was neutral.
02|2nd Amendment}}format=dmy|1941-05-30}} Textual adjustmentsformat=hide|3333-11-22}} N/A[11]0}}0}}0}}0}}0}}0}}0}}0}}0}}[9]
An omnibus bill with a variety of mostly minor textual amendments. Some changes were only to the Irish text, to correspond more closely to the sense of the English text.
03.1|3rd Amendment Bill}}format=hide|3333-11-22}} N/A Elections: Dáil: electoral systemformat=dmy|1959-06-17}}1678450}}979531}}58.4}}453322}}48.2}}486989}}{{nts>51.8}}39,220}}4.0 }}[10]
Proposal to alter the electoral system for elections to Dáil Éireann from the multi-member single transferable vote (STV) to the single-member First Past the Post (FPTP) system. It also proposed to establish an independent commission for boundary delimitation of Dáil constituencies.
03.2|3rd Amendment Bill}}format=hide|3333-11-22}} N/A Elections: Dáil: constituency boundariesformat=dmy|1968-10-16}}1717389}}1129477}}65.8}}424185}}39.2}}656803}}{{nts>60.8}}48,489}}4.3 }}[10]
Proposed to allow greater malapportionment in favour of rural areas in boundary delimitation of Dáil constituencies.
04.1|4th Amendment Bill}}format=hide|3333-11-22}} N/A Elections: Dáil: electoral systemformat=dmy|1968-10-16}}1717389}}1129606}}65.8}}423496}}39.2}}657898}}{{nts>60.8}}48,212}}4.3 }}[10]
A second to alter the Dáil electoral system from STV to FPTP.
03.3|3rd Amendment}}format=dmy|1972-06-08}} Treaty: Europe: Accessionformat=dmy|1972-05-10}}1783604}}1264278}}70.9}}1041890}}{{nts>83.1}}211891}}16.9}}10,497}}0.8 }} [9][10]
Permitted the state to join the European Communities.
04.2|4th Amendment}}format=dmy|1973-01-05}} Elections: franchise: voting ageformat=dmy|1972-12-07}}1783604}}903439}}50.7}}724836}}{{nts>84.6}}131514}}15.4}}47,089}}5.2 }} [9][10]
Reduced the minimum voting age from 21 to 18.
05|5th Amendment}}format=dmy|1973-01-05}}Recognition of religionsformat=dmy|1972-12-07}}1783604}}903659}}50.7}}721003}}{{nts>84.4}}133430}}15.6}}49,326}}5.5 }} [9][10]
Removed reference to "special position" of the Catholic Church and to other named denominations.[9]
06|6th Amendment}}format=dmy|1979-08-03}} Adoption boardformat=dmy|1979-07-05}}2179466}}623476}}28.6}}601694}}{{nts>99.0}}6265}}1.0}}15,517}}2.5 }} [9][10]
To reverse a 1977 finding that certain orders made by the adoption board were unconstitutional.
07|7th Amendment}}format=dmy|1979-08-03}} Seanad: university constituenciesformat=dmy|1979-07-05}}2179466}}622646}}28.6}}552600}}{{nts>92.4}}45484}}7.6}}24,562}}3.9 }} [9][10]
Allowed the Seanad representation of the University of Dublin and the National University of Ireland to be extended to graduates of other third-level institutions. This provision has never been invoked.
08|8th Amendment}}format=dmy|1983-10-07}}Abortion: recognised the equal right to life of the unbornformat=dmy|1983-09-07}}2358651}}1265994}}53.7}}841233}}{{nts>66.9}}416136}}33.1}}8,625}}0.7 }} [9][10]
Gave constitutional recognition to the equal right to life of the unborn to entrench the statutory prohibition of abortion. Repealed on 18 September 2018, upon enactment of the 36th Amendment.
09|9th Amendment}}format=dmy|1984-08-02}} Elections: franchise: votes for non-citizensformat=dmy|1984-06-14}}2399257}}1138895}}47.5}}828483}}{{nts>75.4}}270250}}24.6}}40,162}}3.5 }} [9][10]
Permitted legislation to be enacted allowing citizens of other countries to vote in elections for Dáil Éireann.
10.1|10th Amendment Bill}}format=hide|3333-11-22}} N/ARights: Divorceformat=dmy|1986-06-26}}2436836}}1482644}}60.8}}538279}}36.5}}935843}}{{nts>63.5}}8,522}}0.6 }} [10]
Proposed to remove the constitutional ban on divorce. The ban was eventually lifted by the Fifteenth Amendment in 1996.
10.2|10th Amendment}}format=dmy|1987-06-22}} Treaty: Europe: Single European Actformat=dmy|1987-05-26}}2461790}}1085304}}44.1}}755423}}{{nts>69.9}}324977}}30.1}}4,904}}0.5 }} [9][10]
Permitted the state to ratify the Single European Act.
11|11th Amendment}}format=dmy|1992-07-16}} Treaty: Europe: Maastricht Treatyformat=dmy|1992-06-18}}2542841}}1457219}}57.3}}1001076}}{{nts>69.1}}448655}}30.9}}7,488}}0.5 }} [9][10]
Permitted the state to ratify the Maastricht Treaty (the Treaty on European Union).
12|12th Amendment Bill}}format=hide|3333-11-22}} N/AAbortion: exclusion of suicideformat=dmy|1992-11-25}}2542841}}1733309}}68.2}}572177}}34.6}}1079297}}{{nts>65.4}}81,835}}4.7 }} [10]
Proposed to specify that a pregnancy may be terminated in the case of a real and substantial risk of life to the mother, but not in the case of a risk of suicide. This would have reversed part of the 1992 Supreme Court judgment in the X Case, which had held that abortion was permissible in the case of a risk of suicide.
13|13th Amendment}}format=dmy|1992-12-23}}Abortion: right to travelformat=dmy|1992-11-25}}2542841}}1733821}}68.2}}1035308}}{{nts>62.4}}624059}}37.6}}74,454}}4.3 }} [9][10]
Specified that the prohibition of abortion would not limit freedom of travel in and out of the state. Repealed on 18 September 2018, upon enactment of the 36th Amendment.
14|14th Amendment}}format=dmy|1992-12-23}}Abortion: right to informationformat=dmy|1992-11-25}}2542841}}1732433}}68.1}}992833}}{{nts>59.9}}665106}}40.1}}74,494}}4.3 }} [9][10]
Specified that the prohibition of abortion would not limit the right to distribute information about abortion services in foreign countries. Repealed on 18 September 2018, upon enactment of the 36th Amendment.
15|15th Amendment}}format=dmy|1996-06-17}}Rights: Divorceformat=dmy|1995-11-24}}2628834}}1633942}}62.2}}818842}}{{nts>50.3}}809728}}49.7}}5,372}}0.3 }} [9][10]
Removed the constitutional ban on divorce, but retained certain restrictions on its occurrence.
16|16th Amendment}}format=dmy|1996-12-12}}Rights: bail restrictionsformat=dmy|1996-11-28}}2659895}}777586}}29.2}}579740}}{{nts>74.8}}194968}}25.2}}2,878}}0.4 }} [9][10]
Permitted a court to refuse someone bail if it suspected they would commit a serious criminal offence while at liberty. This reversed a 1965 Supreme Court ruling.
17|17th Amendment}}format=dmy|1997-11-14}} Cabinet confidentialityformat=dmy|1997-10-30}}2688316}}1268043}}47.2}}632777}}{{nts>52.6}}569175}}47.4}}66,091}}5.2 }} [9][10]
To reverse a 1992 Supreme Court ruling that meetings of the cabinet were absolutely confidential, and to permit the High Court to order the disclosure of cabinet discussions in certain circumstances.
18|18th Amendment}}format=dmy|1998-06-03}} Treaty: Europe: Treaty of Amsterdamformat=dmy|1998-05-22}}2747088}}1543930}}56.2}}932632}}{{nts>61.7}}578070}}38.3}}33,228}}2.2 }} [9][10]
Allowed the state to ratify the Treaty of Amsterdam.
19|19th Amendment}}format=dmy|1998-06-03}} / {{dts|format=dmy|1999-12-02}} {{refn|The first date is that of the Act making the initial amendment; the second is that of the government announcement triggering the subsequent amendment.[12]|group="fn"}} Treaty: Good Friday Agreementformat=dmy|1998-05-22}}2747088}}1545395}}56.3}}1442583}}{{nts>94.4}}85748}}5.6}}17,064}}1.1 }} [9][10]
Allowed the state to be bound by the Good Friday Agreement and provided for the conditional amendment of Articles 2 and 3 of the Constitution, which subsequently came into effect on the implementation of the Good Friday Agreement.
20|20th Amendment}}format=dmy|1999-06-23}}Elections: Local governmentformat=dmy|1999-06-11}}2791415}}1425881}}51.1}}1024850}}{{nts>77.8}}291965}}22.2}}109,066}}7.6 }} [9][10]
Provided that local government elections must occur every five years.
21|21st Amendment}}format=dmy|2002-03-27}}Rights: Death penaltyformat=dmy|2001-06-07}}2867960}}997885}}34.8}}610455}}{{nts>62.1}}372950}}37.9}}14,480}}1.5 }} [9][10]
Introduced a constitutional bar on legislation for capital punishment, even in a time of national emergency.
22|22nd Amendment Bill}}format=hide|3333-11-22}} N/A Courts: judges: disciplineformat=hide|3333-11-22}} N/A0}}0}}0}}0}}0}}0}}0}}0}}0}}[13]
Proposed to establish a body for the investigation of judges and to amend the procedure for the removal of judges. It was introduced to the Oireachtas but lapsed after its second stage.
23|23rd Amendment}}format=dmy|2002-03-27}}Treaty: Rome Statute of the ICCformat=dmy|2001-06-07}}2867960}}997565}}34.8}}629234}}{{nts>64.2}}350512}}35.8}}17,819}}1.8 }} [9][10]
Allowed the state to ratify the Statute of the International Criminal Court.
24|24th Amendment Bill}}format=hide|3333-11-22}} N/A Treaty: Europe: Treaty of Niceformat=dmy|2001-06-07}}2867960}}997826}}34.8}}453461}}46.1}}529478}}{{nts>53.9}}14,887}}1.5 }}[10]
Proposed to allow the state to ratify the Treaty of Nice. Voters reversed this decision when they adopted the Twenty-sixth Amendment in 2002.
25|25th Amendment Bill}}format=hide|3333-11-22}} N/AAbortion: exclusion of suicideformat=dmy|2002-03-06}}2923918}}1254175}}42.9}}618485}}49.6}}629041}}{{nts>50.4}}6,649}}0.5 }}[10]
This was a second attempt to strengthen the constitutional ban on abortion and to prevent risk of suicide being invoked as grounds for an abortion.
26|26th Amendment}}format=dmy|2002-11-07}} Treaty: Europe: Treaty of Niceformat=dmy|2002-10-19}}2923918}}1446588}}49.5}}906317}}{{nts>62.9}}534887}}37.1}}5,384}}0.4 }} [9][10]
Allowed the state to ratify the Nice Treaty.
27|27th Amendment}}format=dmy|2004-06-24}}Irish nationalityformat=dmy|2004-06-11}}3041688}}1823434}}59.9}}1427520}}{{nts>79.2}}375695}}20.8}}20,219}}1.1 }} [9][10]
Abolished constitutional jus soli right to Irish nationality.
28.1|28th Amendment Bill}}format=hide|3333-11-22}} N/A Treaty: Europe: Treaty of Lisbonformat=dmy|2008-06-12}}3051278}}1621037}}53.1}}752451}}46.6}}862415}}{{nts>53.4}}6,171}}0.4 }} [10]
Proposed to allow the state to ratify the Treaty of Lisbon. Voters reversed this decision when they adopted the Twenty-eighth Amendment in 2009.
28.2|28th Amendment}}format=dmy|2009-10-15}} Treaty: Europe: Treaty of Lisbonformat=dmy|2009-10-02}}3078032}}1816098}}58.0}}1214268}}{{nts>67.1}}594606}}32.9}}7,224}}0.4 }} [9][10]
Allowed the state to ratify the Treaty of Lisbon.
29|29th Amendment}}format=dmy|2011-11-17|}}Courts: judges: remunerationformat=dmy|2011-10-27}}3191157}}1785707}}55.9}}1393877}}{{nts>79.7}}354,134}}20.3}}37,696}}2.1 }} [9][10]
Relaxed the prohibition on the reduction of the salaries of Irish judges.
30.1|30th Amendment Bill}}format=hide|3333-11-22}} N/AOireachtas inquiriesformat=dmy|2011-10-27}}3191157}}1785208}}55.9}}812008}}46.7}}928175}}{{nts>53.3}}45,025}}2.5 }} [10]
Proposed to reverse a 2002 Supreme Court ruling which prevented Oireachtas inquiries from making findings critical of individuals.
30.2|30th Amendment}}format=dmy|2012-06-27}} Treaty: Europe: European Fiscal Compactformat=dmy|2012-05-31}}3144828}}1591385}}50.6}}955091}}{{nts>60.3}}629088}}39.7}}7,206}}0.5}} [9][10]
Allowed the state to ratify the European Fiscal Compact.
31|31st Amendment}}format=dmy|2015-04-28}}Rights: Childrenformat=dmy|2012-11-10}}3183686}}1066239}}33.5}}615731}}{{nts>58.0}}445863}}42.0}}4,645}}0.4 }} [9][10]
A general statement of children's rights, and a provision intended to secure the power of the state to take children into care who are at risk of abuse or neglect from their parents.
32|32nd Amendment Bill}}{{dts|format=hide|3333-11-22}} N/ASeanad: abolitionformat=dmy|2013-10-04}}3,167,484}}1,240,729}}39.2}}591,937}}48.3}}634,437}}{{nts>51.7}}14,355}}1.2}}[10]
Proposed to abolish Seanad Éireann.
33|33rd Amendment}}format=dmy|2013-11-01}}Courts: new Court of Appealformat=dmy|2013-10-04}}3,167,484}}1,240,135}}39.2}}795,008}}{{nts>65.2}}425,047}}34.8}}20,080}}1.6}}[9][10]
Mandates a new Court of Appeal above the High Court and below the Supreme Court.
34|34th Amendment}}format=dmy|2015-08-29}}Rights: Same-sex marriageformat=dmy|2015-05-22}}3,221,681}}1,949,725}}60.5}}1,201,607}}{{nts>62.1}}734,300}}37.9}}13,818}}0.7}} [9][10]
Prohibits restriction on civil marriage based on sex (Civil partnership had been established under a 2010 statute).
35|35th Amendment Bill}}format=hide|3333-11-22}} N/APresidency: reduce age of candidacy to 21.format=dmy|2015-05-22}}3,221,681}}1,949,438}}60.5}}520,898}}26.9}}1,412,602}}{{nts>73.1}}15,938}}0.8}} [14][10]
Proposed to lower the minimum age for the presidency from 35 to 21.
36|36th Amendment}}format=dmy|2018-09-18}}Abortion: Repeal of the 8th Amendmentformat=dmy|2018-05-25}}3,367,556}}2,159,655}}64.1}}1,429,981}}{{nts>66.4}}723,632}}33.6}}6,042}}0.3}}[10][15]
Removed clauses added by the 8th, 13th, and 14th Amendments of the Constitution and allowed the Oireachtas to legislate for the regulation of termination of pregnancy.
37|37th Amendment}}format=dmy|2018-11-27}}Blasphemyformat=dmy|2018-10-26}}3,401,652}}1,489,694}}43.9}}951,650}}{{nts>64.9}}515,808}}35.1}}22,236}}1.5}}[16][17]
Removed the offence of publication or utterance of blasphemous matter from the Constitution.
35|35th Amendment Bill}}format=hide|2020-01-01}}

TBD

Rights: divorceformat=dmy|2019-05-24}}0}}0}}0}}0}}0}}0}}0}}0}}0}}[18]
Proposes to reduce the period of separation required before proceedings for divorce may be initiated
Note
1. ^{{cite web|title=The referendum in Ireland|url=http://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/LocalGovernment/Voting/referendum_in_ireland-english.pdf|publisher=Department of Housing, Planning, Community and Local Government|accessdate=9 April 2018}}
2. ^{{cite Irish legislation |year=1994 |type=pub |number=12 |section=40 |name=Referendum Act 1994}}
3. ^{{cite Irish legislation |year=1994 |type=pub |number=12 |section=42 |name=Referendum Act 1994}}
4. ^Article 46 of the Constitution of Ireland.
5. ^{{cite news|url=http://jura.ku.dk/cecs/staff/?pure=en%2Fpublications%2Fthe-road-to-a-court-of-appealpart-ii-distinguishing-features-and-establishment(8d4b72ac-2b15-4843-b6fc-677f8d68cea5).html|title=The Road to a Court of Appeal—Part II: Distinguishing Features and Establishment|last=Butler|first=Graham|date=August 2015|work=Irish Law Times|quote=Article 34A.4 specified that that all references to the Article 34A would be deleted once the Court of Appeal was established, whilst Article 64 would be removed one year after the court’s establishment date.|accessdate=31 August 2015}}
6. ^Total poll as a percentage of the electorate
7. ^1 As a percentage of the valid poll (total poll less spoilt votes)
8. ^Spoilt votes as a percentage of the total poll.
9. ^1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 {{cite web|url=http://www.irishstatutebook.ie/en/constitution/index.html|title=CONSTITUTION OF IRELAND|work=Irish Statute Book|accessdate=7 August 2015}}
10. ^1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 {{Cite web |url=http://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/LocalGovernment/Voting/referendum_results_1937-2015.pdf |format=PDF |publisher=Department of Housing, Planning, Community and Local Government |year=2016 |title=Referendum Results 1937 – 2015 }}
11. ^1 The first two amendment acts were passed during the three-year transitional period when a referendum was not required.
12. ^{{cite web|url=http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail1999120200003?opendocument|title=British-Irish Agreement: Announcement.|date=2 December 1999|work=Dáil Éireann debates|pages=Vol.512 No.2 p.3 cc.337–340|accessdate=22 August 2013}}
13. ^{{cite web|url=http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2001/1701/default.htm|title=Twenty-second Amendment of the Constitution Bill, 2001 (No. 17 of 2001)|work=Bills 1992 - 2013|publisher=Oireachtas|accessdate=22 August 2013}}
14. ^{{cite web|url=http://www.oireachtas.ie/viewdoc.asp?DocID=28035&&CatID=59|title=Thirty-fifth Amendment of the Constitution (Age of Eligibility for Election to the Office of President) Bill 2015 (Number 6 of 2015)|year=2015|work=Bills|publisher=Oireachtas|accessdate=24 February 2015}}
15. ^{{cite news|url=http://www.housing.gov.ie/local-government/voting/referenda/referendum-thirty-sixth-amendment-constitution-bill-2018|title=Referendum – Thirty-sixth Amendment of the Constitution Bill 2018|date=28 March 2018|publisher=Department of Housing, Planning and Local Government|accessdate=9 April 2018}}
16. ^{{cite web|url=http://www.referendum.ie/detailed-results/?ref_id=12|title=Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018|website=Referendum Returning Officer|date=27 October 2018|access-date=29 October 2018}}
17. ^[https://president.ie/en/the-president/2018-legislation Official website of the President]
18. ^1 {{cite web |title=Minister Flanagan announces Government approval for a referendum on divorce |url=http://www.justice.ie/en/JELR/Pages/PR19000021 |website=Department of Justice and Equality |accessdate=27 February 2019 |language=en |date=29 January 2019}}
19. ^{{Citation| journal = Irish Reports |title=People (at the suit of the Attorney General) v. O'Callaghan| volume=1 | year=1966 | pages = 501 }}
20. ^{{Citation|title=Maguire v. Ardagh|journal = Irish Reports | volume=1 | year=2002 | pages= 385 }}
21. ^{{cite web|url=http://justice.ie/en/JELR/Pages/PR18000228|title=Minister Flanagan & Minister Stanton announce Referendum to Repeal Article 41.2 of the Constitution|date=5 July 2018|access-date=21 July 2018}}
22. ^{{Cite news|url=https://www.rte.ie/news/politics/2018/0905/991714-women-in-the-place-referendum/|title=Referendum on place of women in the home deferred|last=McMorrow|first=Conor|date=2018-09-05|work=RTE.ie|access-date=2018-10-05|language=en}}
23. ^1 2 {{cite web|url=https://www.taoiseach.gov.ie/eng/Publications/Publications_2018/Legislative_Programme_Autumn_2018.pdf|title=Legislation Programme Autumn Session 2018|publisher=Government of Ireland|date=18 September 2018|access-date=18 March 2018}}
24. ^{{cite web |last1=Phelan |first1=John Paul |authorlink1=John Paul Phelan |title=Referendum Campaigns: |url=https://www.kildarestreet.com/wrans/?id=2019-02-20a.80 |website=Written answers |publisher=KildareStreet.com |accessdate=28 March 2019 |date=20 February 2019}}
25. ^{{cite web|title=Thirty-fifth Amendment of the Constitution (Divorce) Bill 2016 (Bill 57 of 2016)|access-date=30 May 2018|publisher=Houses of the Oireachtas|url=https://www.oireachtas.ie/en/bills/bill/2016/57/?tab=debates}}
26. ^{{cite web|title=Thirty-fifth Amendment of the Constitution (Water in Public Ownership) (No. 2) Bill 2016 (Bill 31 of 2016)|access-date=30 May 2018|publisher=Houses of the Oireachtas|url=https://www.oireachtas.ie/en/bills/bill/2016/31/}}
27. ^{{Cite news|url=https://www.irishtimes.com/news/politics/cabinet-set-to-approve-water-supply-referendum-outline-1.3703483|title=Cabinet set to approve water supply referendum outline|work=The Irish Times|access-date=2018-11-20|language=en-ie}}
28. ^{{cite web|title=Thirty-Eighth Amendment of the Constitution (Neutrality) Bill 2018 (Bill 121 of 2018)|access-date=24 November 2018|publisher=Houses of the Oireachtas|url=https://www.oireachtas.ie/en/bills/bill/2018/121/}}
29. ^{{cite web|title=Thirty-Seventh Amendment Of The Constitution (Economic, Social And Cultural Rights) Bill 2018 (Bill 99 of 2018)|access-date=11 October 2018|publisher=Houses of the Oireachtas|url=https://www.oireachtas.ie/en/bills/bill/2018/99/}}
30. ^{{cite web|title=Thirty-fifth Amendment of the Constitution (Public Ownership of Certain Assets) Bill 2016 (Bill 61 of 2016)|access-date=13 October 2018|publisher=Houses of the Oireachtas|url=https://www.oireachtas.ie/en/bills/bill/2016/61/}}
31. ^{{cite web|url=https://www.oireachtas.ie/en/bills/bill/2017/82/|title=Thirty-fifth Amendment of the Constitution (Protection of Pension Property Rights) Bill 2017 (Bill 82 of 2017)|publisher=Houses of the Oireachtas|access-date=13 October 2018}}
32. ^{{cite web|title=Thirty-fifth Amendment of the Constitution (Separation of Church and State) Bill 2017 (Bill 107 of 2017)|access-date=11 October 2018|publisher=Houses of the Oireachtas|url=https://www.oireachtas.ie/en/bills/bill/2017/107/}}
33. ^{{cite web|title=Thirty-fifth Amendment of the Constitution (Common Ownership of Water Resources) Bill 2016 (Bill 46 of 2016)|access-date=30 May 2018|publisher=Houses of the Oireachtas|url=https://www.oireachtas.ie/en/bills/bill/2016/46/}}
34. ^{{cite web|title=Thirty-fifth Amendment of the Constitution (Right to a Home) Bill 2016 (Bill 32 of 2016)|access-date=30 May 2018|publisher=Houses of the Oireachtas|url=https://www.oireachtas.ie/en/bills/bill/2016/32/}}
35. ^{{cite web|title=Thirty-fifth Amendment of the Constitution (Water in Public Ownership) Bill 2016 (Bill 26 of 2016)|access-date=30 May 2018|publisher=Houses of the Oireachtas|url=https://www.oireachtas.ie/en/bills/bill/2016/26/}}

Referendums affecting court decisions

Rights of defendants and trial rights

In People (AG) v. O'Callaghan (1966), the Supreme Court held that the right to liberty would permit the denial of bail in limited circumstances only, where there was sufficient evidence before the Court that the accused was likely to interfere with the course of justice; specifically, that bail could not be because of the likelihood of the commission of further offences while on bail.[19] This decision was overturned by the Sixteenth Amendment in 1996 which inserted Article 40.4.7º, allowing 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 Amendment was passed by 75% to 25%.

In Maguire v. Ardagh (2002), the Supreme Court held that Oireachtas Inquiries did not have the power to compel witnesses to attend and to make findings against them.[20] The Thirtieth Amendment of the Constitution Bill 2011 proposed to allow Oireachtas Inquiries to make findings of fact and to balance the rights of the individual against the public interest; this referendum was defeated by 53% to 47%.

Electoral matters

In O'Donovan v. the Attorney-General (1961), the Supreme Court held that the Electoral Amendment Act 1959 was unconstitutional and suggested that the ratio of representation to population across constituencies should differ by no more than 5%. The Third Amendment of the Constitution Bill 1968 would have allowed a variation of up to 16.7% across constituencies. It was rejected in a referendum by 61% to 39%.

In Re Article 26 and the Electoral (Amendment) Bill 1983 (1984), the Supreme Court held that the proposed bill to extend voting rights in Dáil elections to British citizens was unconstitutional. The Ninth Amendment was passed in June 1984, which allowed the franchise to be extended beyond Irish citizens.

International Sovereignty

The Third Amendment, passed in 1972, allowed Ireland to accede to the European Communities. In 1986, the government signed the Single European Act (SEA). However, Raymond Crotty sought an injunction against ratification by the state. In Crotty v. An Taoiseach (1987), the Supreme Court held that the further transfer of powers from the state to the European institutions within the SEA was not "necessitated by the obligations of membership of the Communities" as provided for by the Third Amendment. Consequently, the Constitution required further amendment, before the SEA could be ratified. This was done in a referendum later in 1987. On the same basis, further referendums on European Treaties were held on the Maastricht Treaty (in 1992), on the Amsterdam Treaty (in 1998), on the Nice Treaty (in 2001 and in 2002), and on the Lisbon Treaty (in 2008 and in 2009). Referendums were also held to the allow the State to be bound by the Good Friday Agreement in 1998, and to ratify the International Criminal Court in 2001 and the Stability Treaty in 2012.

Abortion

{{main|Abortion in the Republic of Ireland}}

In McGee v. The Attorney General (1974), the Supreme Court found that provisions of Articles 40 and 41 guaranteed a right to marital privacy, and that contraception on prescription could not be prohibited to a married couple. In Griswold v. Connecticut (1965), the United States Supreme Court came to a similar result, before finding for a general right to abortion in the first trimester in Roe v. Wade (1973). The Eighth Amendment in 1983 gave constitutional protection to the life of the unborn, and therefore prohibiting abortion. This had been partly to guard against the Supreme Court finding the same right that their American counterparts had.

In March 1992, the Supreme Court ruled in Attorney General v. X, commonly known as the "X Case", that a teenage girl was entitled to an abortion as there was a risk to her life from suicide. Opponents of abortion feared that this ruling could only be enforced in a way that would lead to an expansive abortion regime of the kind found in many other countries. There were two failed amendments that would have excluded suicide as grounds for abortion, the Twelfth Amendment of the Constitution Bill 1992 and the Twenty-fifth Amendment of the Constitution Bill 2001. The Protection of Life During Pregnancy Act 2013 made provisions for the finding of the court in the X Case, allowing abortion where the life of the woman was at risk, including a risk of suicide.

The Thirteenth Amendment was passed in 1992, to guarantee a right to travel. This addressed the injunction which the High Court had granted in the X Case to order the return of the girl to the country. Though the injunction was lifted by the Supreme Court, a majority of the Court had found that were it not for the risk to life of the defendant, an injunction would have been maintained.

The Fourteenth Amendment was passed on the same day in 1992, to guarantee that the ban on abortion would not limit freedom to obtain or make available information relating to services lawfully available in another state. This was in response to two cases: Attorney General (Society for the Protection of Unborn Children (Ireland) Ltd.) v Open Door Counselling Ltd. and Dublin Wellwoman Centre Ltd. (1988), which granted an injunction restraining two counseling agencies from assisting women to travel abroad to obtain abortions or informing them of the methods of communications with such clinics, and Society for the Protection of Unborn Children (Ireland) Ltd. v Grogan (1989), which placed an injunction restraining three students' unions from distributing information in relation to abortion available outside the state.

Proposed amendments

The current Fine Gael–Independent government is preparing a number of constitutional amendments to be proposed at referendum. There are also number of private member's bills which have been proposed in the 32nd Dáil which have not yet been defeated; some of these, however, have effectively been superseded by government proposals or similar bills by other members which have reached a later stage of debate. If not passed or deemed to have been passed by both houses, these bills will lapse at the dissolution of the 32nd Dáil when the next general election is called.

Government proposals

ProposalProgressProposed Referendum Date
Removal of reference to women in the homeBill approved by Government[21]
Previously debated at the Constitutional Convention
Undergoing Pre-Legislative Scrutiny[22]
Allow citizens living abroad to vote in presidential electionsPreparatory work is under way[23]
Previously debated at the Constitutional Convention		October 2019[24]
Reduce voting age to 16Preparatory work is underway[23]
Previously debated at the Constitutional Convention
Allow participation in the Unified Patent CourtHeads approved on 23 July 2014[23]

Private Members' Bills

ProposalProposerProgress
Liberalise divorce lawJosepha Madigan (Fine Gael)Passed Committee Stage on 12 July 2017[25] The government plans to rewrite the amendment at report stage and put to referendum on 24 May 2019.[18]
Public ownership of waterAAA–PBP, Sinn Féin and Independents 4 ChangeCommittee stage postponed on 22 March 2018[26]
Memorandum approved by Government[27]
NeutralitySeán Crowe and Aengus Ó Snodaigh
(Sinn Féin)		First Stage 13 November 2018[28]
Incorporation of the
International Covenant on Economic, Social and Cultural Rights		Thomas Pringle (Independent)First Stage 19 September 2018[29]
Public ownership of water, gas and electricity networksWillie Penrose (Labour Party)First Stage 7 July 2016[30]
Protection of pension property rightsWillie O'Dea (Fianna Fáil)First Stage 21 June 2017[31]
Removal of religious referencesSolidarityFirst Stage on 13 July 2017[32]
Public ownership of waterEamon Ryan and Catherine Martin (Green Party)First Stage 21 June 2016[33]
Right to a homeGerry Adams and Eoin Ó Broin (Sinn Féin)First Stage 31 May 2016[34]
Water in public ownershipThomas Pringle (Independent)First Stage 17 May 2016[35]

Amendments to previous constitutions

Ireland had two previous Constitutions, prior to the adoption of the Constitution of Ireland: the Dáil Constitution of the short-lived 1919–1922 Irish Republic, and the constitution of the 1922–1937 Irish Free State.

The Dáil Constitution was enacted by Dáil Éireann (which was at that time a single chamber assembly).

The Constitution of the Irish Free State was adopted in October 1922 and came in force on 6 December 1922. It originally provided for a process of amendment by means of a referendum. However the constitution could initially be amended by the Oireachtas for eight years. The Oireachtas chose to extend that period, meaning that for the duration of its existence, the Free State constitution could be amended at will by parliament. By virtue of the 1922 Constitution Act, the constitution could not be amended in a way with conflicted with the Anglo-Irish Treaty of 1921 ratified by both the United Kingdom and the Irish Republic. However the Statute of Westminster removed that restriction in 1931 as far as British (but not Irish) law was concerned. It was amended 24 times between 1925 and 1936.

See also

  • Politics of the Republic of Ireland
  • Abortion in the Republic of Ireland
  • Constitutional amendment
  • Referendum Commission

External links

  • Official website of the Referendum Returning Officer – Includes an archive of referendum statistics.
  • [https://web.archive.org/web/20040606073716/http://www.johnpghall.pwp.blueyonder.co.uk/ The Unabridged Constitution of Ireland] – This is an unofficial variorum edition with amendments alongside the original text. It is only accurate up until the Twentieth Amendment in 1999.
  • Irish Legal Information Initiative
  • Irish Statute Book online

References

{{Reflist}}{{Amendments of the Constitution of Ireland}}{{DEFAULTSORT:Amendments to the Constitution Of Ireland}}

4 : Amendments of the Constitution of Ireland|Constitution of Ireland|Lists of referendums|Republic of Ireland politics-related lists
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