Podcast
Questions and Answers
What is required for amendments to the Constitution to take place?
What is required for amendments to the Constitution to take place?
- A decision from the High Court
- A two-thirds majority in Parliament
- Approval from the Government Publications Office
- Consent of the Irish people through a constitutional referendum (correct)
How many constitutional referendums have been held to date?
How many constitutional referendums have been held to date?
- 30
- 32
- 25
- 40 (correct)
What happens if no petition challenging the result of a referendum is presented within 7 days?
What happens if no petition challenging the result of a referendum is presented within 7 days?
- A new referendum is automatically scheduled
- The President signs the Bill to amend the Constitution (correct)
- The referendum is annulled
- The High Court reviews the referendum results
What organization provides legal advice regarding constitutional rights in Ireland?
What organization provides legal advice regarding constitutional rights in Ireland?
What presumption exists regarding laws that are enacted?
What presumption exists regarding laws that are enacted?
What is the primary language recognized in the Irish Constitution?
What is the primary language recognized in the Irish Constitution?
Which articles of the Irish Constitution outline the fundamental rights of citizens?
Which articles of the Irish Constitution outline the fundamental rights of citizens?
What does Article 15.4 state regarding laws enacted by the Oireachtas?
What does Article 15.4 state regarding laws enacted by the Oireachtas?
How many articles are there in the Irish Constitution?
How many articles are there in the Irish Constitution?
What is the role of the President concerning bills passed by the Oireachtas according to Article 25?
What is the role of the President concerning bills passed by the Oireachtas according to Article 25?
Which article governs the process for amending the Constitution?
Which article governs the process for amending the Constitution?
What happens if a proposed law is found to conflict with the Constitution?
What happens if a proposed law is found to conflict with the Constitution?
Which article allows the President to refer a Bill to the Supreme Court for review?
Which article allows the President to refer a Bill to the Supreme Court for review?
Flashcards
Presumption of Constitutionality
Presumption of Constitutionality
A law is assumed to be valid until proven otherwise by the High Court.
Judicial Review of Laws
Judicial Review of Laws
The High Court can invalidate laws or parts of laws that contradict the Constitution.
Amending the Constitution
Amending the Constitution
Changes to the Irish Constitution require a public vote, a constitutional referendum.
Referendum History
Referendum History
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Finalizing Constitutional Amendments
Finalizing Constitutional Amendments
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Irish Constitution
Irish Constitution
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Language in the Irish Constitution
Language in the Irish Constitution
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Separation of Powers
Separation of Powers
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Fundamental Rights
Fundamental Rights
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Constitution's Supremacy
Constitution's Supremacy
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Repugnant Legislation
Repugnant Legislation
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President's Review
President's Review
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Study Notes
Irish Constitution
- Ratified in 1937, the fundamental law of Ireland
- Written in both Irish and English
- Article 8: Irish as first official language, English as second
- Outlines branches of government, courts, and citizens' rights
- Part of wider human rights framework (UN treaties, ECHR, EU Charter)
Structure of the Constitution
- 50 articles
- Articles 1-39: State functions, agencies, separation of powers
- Articles 40-44: Fundamental rights of citizens
- Article 45: Directive principles of social policy
- Article 46: Constitution amendment process
- Article 47: Referendums
- Articles 48-50: Repealed previous constitution, continued laws
Constitution and Legislation
- Article 15.4: Oireachtas cannot enact laws repugnant to the Constitution (superior to other laws)
- Article 15.4.2: Repugnant parts of existing laws are invalid
- New laws repugnant to Constitution cannot be enacted unless Constitution is amended.
- Article 25: Bills presented to the President for signature after passing both Oireachtas houses
- Article 26: President can refer a Bill to Supreme Court for constitutionality check
- Laws presumed constitutional until proven otherwise
- High Court has jurisdiction to invalidate repugnant laws
Amending the Constitution
- Amendments require a constitutional referendum (Irish people's consent)
- 40 referendums held, 32 resulted in amendments
- Amendment Acts listed in Constitution on irishstatutebook.ie
- High Court considers any petition against referendum results within 7 days of publication
- President signs amended Bill changing the Constitution
Further Information
- Full text accessible at irishstatutebook.ie
- Copies available from Government Publications Office and bookshops
- Contact solicitor for constitutional rights violations
- Law Society of Ireland lists practicing solicitors
- FLAC (Free Legal Advice Centres) provides assistance
- Citizens Information Centres have information about FLAC phone clinics
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Description
This quiz covers key aspects of the Irish Constitution, ratified in 1937, including its structure, the importance of the Irish language, and the relationship between the Constitution and legislation. Test your understanding of the 50 articles that define the fundamental rights of citizens and the functions of the state.
