Ireland had two previous constitutions, prior to the adoption of the constitution of ireland. First, it is necessary to say this the official language of this state is gaelige english is our second language and in constitutional conflicts over the interpretation of bunreacht na heireann 1937 the constitution of ireland 1937 it is the irish version that. Mar 02, 2020 the name of the state in irish was to be eire and in english, ireland. Read the introduction to the origins of the irish constitution. The dail constitution was enacted by dail eireann which was at that time a single chamber assembly. Articles 2 and 3 of the constitution of ireland wikipedia. The irish free state otherwise hereinafter called or sometimes called saorstat eireann is a coequal member of the community of nations forming the british commonwealth of nations. The constitution of 1937 is the fundamental law of the republic of ireland. The use in english of eire, the irishlanguage name of the state, is deprecated.
Irelands constitution of 1937 with amendments through 2012. The constitution of ireland was voted in the by irish people and passed in 1937. Constitution of ireland original text wikisource, the free online. However, many provisions in the current document are actually much older than that, in fact, much of the 1937 constitution is made up of provisions from the first constitution of the modern irish state the 1922 constitution, making those provisions 90 years old. Irish constitution 1937, natural law, dignity of the individual, abortion, justice. Irish constitutional law protects the individual right to privacy. What were the main differences between the 1922 constitution and the 1937 constitution. Ucd constitutional studies group conference on the irish. The fact that the constitution was drawn up by a small group meant that it was unclear how it would be treated when it was released to the wider world.
This article explores the campaign waged by irish women against the draft constitution of. Every part of the constitution is set out in both the irish and english languages. He disparages women criticising the constitution as needing to be sent back to the home where they belong, not as akin to modern sexism, but since limits to female employment were justified to solve the male unemployment problem. This debate ultimately led to a change in the constitution.
This article explores the campaign waged by irish women against the draft constitution of 1937. It replaced both the irish republic and southern ireland the government was called the executive council, and it was headed by the president of the executive council, instead of a prime minister until 1927 it was ruled by a governor general on behalf of the king of the united kingdom. The sovereign constitution of the sovereign republic of. Amendments to the constitution of ireland wikipedia. In 1932 fianna fail ordered the ending of all payments of land annuities to britain. The 1937 constitution introduced some irishlanguage terms into english, such as taoiseach and tanaiste, while others, such as oireachtas, had been used in the free state constitution. Keogh and mccarthy, the making of the irish constitution 1937 mercier press, 2007 and hogan, the origins of the irish constitution, 19281941 royal irish academy, 2012. It is a detailed legal document which declares ireland eire as a sovereign state and sets out to embody characteristics of a republic. It is a moral law which prescribes how men should act according to right reason. Constitution of ireland consolidated text wikisource. Kavanagh, aileen, the irish constitution at 75 years. At the time of the coming into force of the current constitution in 1937, the law dealing with abortion was found in sections 58 and 59 of the offences against the.
Oireachtas means parliament and bunreacht na heireann means basic law of ireland ie the 1937 irish constitution. Gerard hogan, in his extended foreword to dermot keoghs and andrew mccarthys book, the making of the irish. As amended they grant the right to be part of the irish nation to all those people born on the island of ireland. As evidenced by the inclusion of article 29 of the constitution. The constitution of ireland replaced the constitution of the irish free state which had been in effect since the independence, as a dominion, of the irish state from the united kingdom on 6 december 1922. The journal seeks to offer a platform for interaction that encourages greater scholarly and academic collaboration. Irish free state simple english wikipedia, the free. This book examines the political context of the conception of the constitution in 1930s ireland against the background of constitutional developments since the foundation of the state. A number of articles within the constitution were deemed by women activists to threaten both their rights as citizens and as workers. This text of the constitution is a copy of the text enrolled on november, 2019 pursuant to article 25. In the irish language it is known as bunreacht na heireann which means basic law of ireland. Credit and constitutionmaking, irish style pdf an inquiry into the role of the credit system in the making of the 1937 constitutions economic provisions by thomas murray, a ph. The jesuits and the drafting of the irish constitution of 1937. Constitution of ireland original text wikisource, the.
The natural law and the irish constitution by declan costello the natural law is as old as man himself. This constitution, which remains in force today, renamed the state ireland article 4 and established four main institutions the president, the oireachtas parliament, the government and. Indeed, the 1937 constitution would not have been passed had it been required to satisfy the conditions stipulated by article 50 of the 1922. Headline devs constitution may have flaws, but it has lived to a ripe old age. Bunreacht na heireann were adopted with the constitution as a whole on 29 december 1937, but revised completely by means of the nineteenth amendment which became effective 2 december 1999. In the name of the most holy trinity, from whom is all authority.
There are three sections of the constitution which relate directly to national schools i article 42 sections 1 to 4 relates to parents rights in relation to the education of their children in national schools and other primary schools, ii article 44. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. A number of articles within the constitution were deemed. This led to an economic war with britain which lasted until the angloirish agreement,1938. Irelands constitution of 1937 with amendments through 2015. Jun 17, 2011 understanding womens reactions to the 1937 irish constitution posted by jared alves. Saorstat eireann was the name of ireland from 1922 to 1937. In parts ii and iii of this article the dismantling of the 1922 constitution will be. The constitution of ireland was enacted in 1937, replacing the previous constitution. When the new irish constitution was publishe 1d ma ony 1937, the organisation gave it strong support. And just to correct the point above, i have not twice moved it to irish constitutional plebiscite, 1937.
Ireland is a sovereign, independent, democratic state. The ideal of equality has become increasingly prominent in irish political discourse. Enacted by the people 1st july, 1937 in operation as from 29th december, 1937 this text of the constitution is a copy of the text enrolled on 27 may, 1999 pursuant to article 25. Bunreacht na heireann constitution of ireland, 1937. I moved it back to irish constitutional referendum, 1937 its original title in 2015, and today i moved it to its current title after it had been moved away from its original title again as it appears that editors want the word plebiscite. The state was named ireland eire in the irish language, and a new office of president of ireland was instituted in place of the governorgeneral of the former irish free state. To offer objective and evidenceinformed advice to government, respond to developments, and deliver government objectives while striving to achieve optimal outcomes in the longterm national interest. Feb 05, 20 the latter strand has gained dominance on the irish supreme court since the 1990s. The 1937 constitution introduced some irishlanguage terms into english, such as taoiseach. Irish womens opposition to the draft constitution by maria luddy read march at royal holloway, university of london abstract. The irish family and bunreacht na heireann 1937 the.
As enacted, the constitution of the irish free state was firmly shaped by the requirements of the angloirish treaty that had been negotiated between the. In 1937 the constitution of the irish free state was replaced by the modern constitution of ireland following a referendum. A new constitution for the irish free state 1937 youtube. Article 2 and article 3 of the constitution of ireland irish. The first constitution of the new irish state was innovative. Constitution of ireland consolidated text wikisource, the. Includes amendments up to and including the 29th amendment. Bunreacht na heireann came into force on 29 december 1937 after having been passed by a national plebiscite the previous july. The current constitution of ireland bunreacht na heireann pdf was adopted in 1937 to replace the constitution of the irish free state 1922.
Constitution of the irish free state saorstat eireann act, 1922. The 1937 constitution what did the 1937 constitution say about abortion. In the name of the most holy trinity, from whom is all authority and to whom. It is called natural because it derives from the nature of man as a rational being, a person and an individual in society. Bunreacht na heireann constitution of ireland dachtaigh an pobal an 1 iuil, 1937 enacted by the people 1st july, 1937 i ngniomh on 29 nollaig, 1937 in operation as from 29th december, 1937. Understanding womens reactions to the 1937 irish constitution. The full text of the constitution of 1937 is available at various sites, for example the office of the attorney general. The constitution was the first free constitution on which the irish people had the opportunity to give their assent, and its enactment in 1937 is an important historical event in the life of the nation. There were two main motivations for replacing the constitution in 1937. Draws on primary sources to put the irish constitution in a historical perspective.
It is available in both irish and english, but in the event of conflict, the irish language version prevails. To serve citizens and stakeholders efficiently, equally and with respect, in a system that is open, transparent and accountable. Irish womens opposition to the 1937 draft constitution by maria luddy read 26 march 2004 at royal holloway, university of london abstract. Thoughts on the irish free state constitution, 90 years on. This book examines the political context of the conception of the constitution in 1930s ireland against. In exceptional cases, where the parents for physical or moral reasons fail in their duty towards their children, the state as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible. The constitution of ireland is the fundamental law of the republic of ireland. The electronic irish statute book eisb comprises the acts of the oireachtas parliament, statutory instruments, legislation directory, constitution and a limited number of pre1922 acts. The current constitution of ireland came into effect on 29 december 1937, repealing and replacing the constitution of the irish free state, having been approved in a national plebiscite on 1 july 1937 with the support of 56.