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Second Amendment

Signed 30th May, 1941

An omnibus proposal, covering a range of disparate Articles, aimed at tidying up the Constitution in the light of experience since its enactment.

Articles Amended

Article 12 After

The text of Article 12 after enacting the Second Amendment

Article 12.

  1. 1:
    There shall be a President of Ireland (Uachtarán na hÉireann), hereinafter called the President, who shall take precedence over all other persons in the State and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law.
  2. 2:
    1. 1°:
      The President shall be elected by direct vote of the people.
    2. 2°:
      Every citizen who has the right to vote at an election for members of Dáil Éireann shall have the right to vote at an election for President.
    3. 3°:
      The voting shall be by secret ballot and on the system of proportional representation by means of the single transferable vote.
  3. 3:
    1. 1°:
      The President shall hold office for seven years from the date upon which he enters upon his office, unless before the expiration of that period he dies, or resigns, or is removed from office, or becomes permanently incapacitated, such incapacity being established to the satisfaction of the Supreme Court consisting of not less than five judges.
    2. 2°:
      A person who holds, or who has held, office as President, shall be eligible for re-election to that office once, but only once.
    3. 3°:
      An election for the office of President shall be held not later than, and not earlier than the sixtieth day before, the date of the expiration of the term of office of every President, but in the event of the removal from office of the President or of his death, resignation, or permanent incapacity established as aforesaid (whether occurring before or after he enters upon his office), an election for the office of President shall be held within sixty days after such event.
  4. 4:
    1. 1°:
      Every citizen who has reached his thirty-fifth year of age is eligible for election to the office of President.
    2. 2°:

      Every candidate for election, not a former or retiring President, must be nominated either by

      1. i:
        not less than twenty persons, each of whom is at the time a member of one of the Houses of the Oireachtas, or
      2. ii:
        by the Councils of not less than four administrative Counties (including County Boroughs) as defined by law.
    3. 3°:
      No person and no such Council shall be entitled to subscribe to the nomination of more than one candidate in respect of the same election.
    4. 4°:
      Former or retiring Presidents may become candidates on their own nomination.
    5. 5°:
      Where only one candidate is nominated for the office of President it shall not be necessary to proceed to a ballot for his election.
  5. 5:
    Subject to the provisions of this Article, elections for the office of President shall be regulated by law.
  6. 6:
    1. 1°:
      The President shall not be a member of either House of the Oireachtas.
    2. 2°:
      If a member of either House of the Oireachtas be elected President, he shall be deemed to have vacated his seat in that House.
    3. 3°:
      The President shall not hold any other office or position of emolument.
  7. 7:
    The first President shall enter upon his office as soon as may be after his election, and every subsequent President shall enter upon his office on the day following the expiration of the term of office of his predecessor or as soon as may be thereafter or, in the event of his predecessor's removal from office, death, resignation, or permanent incapacity established as provided by section 3 hereof, as soon as may be after the election.
  8. 8:

    The President shall enter upon his office by taking and subscribing publicly, in the presence of members of both Houses of the Oireachtas, of Judges of the Supreme Court and of the High Court, and other public personages, the following declaration:

    "In the presence of Almighty God I do solemnly and sincerely promise and declare that I will maintain the Constitution of Ireland and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of Ireland. May God direct and sustain me."
  9. 9:
    The President shall not leave the State during his term of office save with the consent of the Government.
  10. 10:
    1. 1°:
      The President may be impeached for stated misbehaviour.
    2. 2°:
      The charge shall be preferred by either of the Houses of the Oireachtas, subject to and in accordance with the provisions of this section.
    3. 3°:
      A proposal to either House of the Oireachtas to prefer a charge against the President under this section shall not be entertained unless upon a notice of motion in writing signed by not less than thirty members of that House.
    4. 4°:
      No such proposal shall be adopted by either of the Houses of the Oireachtas save upon a resolution of that House supported by not less than two-thirds of the total membership thereof.
    5. 5°:
      When a charge has been preferred by either House of the Oireachtas, the other House shall investigate the charge, or cause the charge to be investigated.
    6. 6°:
      The President shall have the right to appear and to be represented at the investigation of the charge.
    7. 7°:
      If, as a result of the investigation, a resolution be passed supported by not less than two-thirds of the total membership of the House of the Oireachtas by which the charge was investigated, or caused to be investigated, declaring that the charge preferred against the President has been sustained and that the misbehaviour, the subject of the charge, was such as to render him unfit to continue in office, such resolution shall operate to remove the President from his office.
  11. 11:
    1. 1°:
      The President shall have an official residence in or near the City of Dublin.
    2. 2°:
      The President shall receive such emoluments and allowances as may be determined by law.
    3. 3°:
      The emoluments and allowances of the President shall not be diminished during his term of office.

Article 14 After

The text of Article 14 after enacting the Second Amendment

Article 14.

  1. 1:
    In the event of the absence of the President, or his temporary incapacity, or his permanent incapacity established as provided by section 3 of Article 12 hereof, or in the event of his death, resignation, removal from office, or failure to exercise and perform the powers and functions of his office or any of them, or at any time at which the office of President may be vacant, the powers and functions conferred on the President by or under this Constitution shall be exercised and performed by a Commission constituted as provided in section 2 of this Article.
  2. 2:
    1. 1°:
      The Commission shall consist of the following persons, namely, the Chief Justice, the Chairman of Dáil Éireann (An Ceann Comhairle), and the Chairman of Seanad Éireann.
    2. 2°:
      The President of the High Court shall act as a member of the Commission in the place of the Chief Justice on any occasion on which the office of Chief Justice is vacant or on which the Chief Justice is unable to act.
    3. 3°:
      The Deputy Chairman of Dáil Éireann shall act as a member of the Commission in the place of the Chairman of Dáil Éireann on any occasion on which the office of Chairman of Dáil Éireann is vacant or on which the said Chairman is unable to act.
    4. 4°:
      The Deputy Chairman of Seanad Éireann shall act as a member of the Commission in the place of the Chairman of Seanad Éireann on any occasion on which the office of Chairman of Seanad Éireann is vacant or on which the said Chairman is unable to act.
  3. 3:
    The Commission may act by any two of their number and may act notwithstanding a vacancy in their membership.
  4. 4:
    The Council of State may by a majority of its members make such provision as to them may seem meet for the exercise and performance of the powers and functions conferred on the President by or under this Constitution in any contingency which is not provided for by the foregoing provisions of this Article.
  5. 5:
    1. 1°:
      The provisions of this Constitution which relate to the exercise and performance by the President of the powers and functions conferred on him by or under this Constitution shall subject to the subsequent provisions of this section apply to the exercise and performance of the said powers and functions under this Article.
    2. 2°:
      In the event of the failure of the President to exercise or perform any power or function which the President is by or under this Constitution required to exercise or perform within a specified time, the said power or function shall be exercised or performed under this Article, as soon as may be after the expiration of the time so specified.

Article 18 After

The text of Article 18 after enacting the Second Amendment

Article 18.

  1. 1:
    Seanad Éireann shall be composed of sixty members, of whom eleven shall be nominated members and forty-nine shall be elected members.
  2. 2:
    A person to be eligible for membership of Seanad Éireann must be eligible to become a member of Dáil Éireann.
  3. 3:
    The nominated members of Seanad Éireann shall be nominated, with their prior consent, by the Taoiseach who is appointed next after the re-assembly of Dáil Éireann following the dissolution thereof which occasions the nomination of the said members.
  4. 4:

    The elected members of Seanad Éireann shall be elected as follows:—

    1. i:
      Three shall be elected by the National University of Ireland.
    2. ii:
      Three shall be elected by the University of Dublin.
    3. iii:
      Forty-three shall be elected from panels of candidates constituted as hereinafter provided.
  5. 5:
    Every election of the elected members of Seanad Éireann shall be held on the system of proportional representation by means of the single transferable vote, and by secret postal ballot.
  6. 6:
    The members of Seanad Éireann to be elected by the Universities shall be elected on a franchise and in the manner to be provided by law.
  7. 7:
    1. 1°:

      Before each general election of the members of Seanad Éireann to be elected from panels of candidates, five panels of candidates shall be formed in the manner provided by law containing respectively the names of persons having knowledge and practical experience of the following interests and services, namely:–

      1. i:
        National Language and Culture, Literature, Art, Education and such professional interests as may be defined by law for the purpose of this panel;
      2. ii:
        Agriculture and allied interests, and Fisheries;
      3. iii:
        Labour, whether organised or unorganised;
      4. iv:
        Industry and Commerce, including banking, finance, accountancy, engineering and architecture;
      5. v:
        Public Administration and social services, including voluntary social activities.
    2. 2°:
      Not more than eleven and, subject to the provisions of Article 19 hereof, not less than five members of Seanad Éireann shall be elected from any one panel.
  8. 8:
    A general election for Seanad Éireann shall take place not later than ninety days after a dissolution of Dáil Éireann, and the first meeting of Seanad Éireann after the general election shall take place on a day to be fixed by the President on the advice of the Taoiseach.
  9. 9:
    Every member of Seanad Éireann shall, unless he previously dies, resigns, or becomes disqualified, continue to hold office until the day before the polling day of the general election for Seanad Éireann next held after his election or nomination.
  10. 10:
    1. 1°:
      Subject to the foregoing provisions of this Article elections of the elected members of Seanad Éireann shall be regulated by law.
    2. 2°:
      Casual vacancies in the number of the nominated members of Seanad Éireann shall be filled by nomination by the Taoiseach with the prior consent of persons so nominated.
    3. 3°:
      Casual vacancies in the number of the elected members of Seanad Éireann shall be filled in the manner provided by law.

Article 24 After

The text of Article 24 after enacting the Second Amendment

Article 24.

  1. 1:
    If and whenever on the passage by Dáil Éireann of any Bill, other than a Bill expressed to be a Bill containing a proposal to amend the Constitution, the Taoiseach certifies by messages in writing addressed to the President and to the Chairman of each House of the Oireachtas that, in the opinion of the Government, the Bill is urgent and immediately necessary for the preservation of the public peace and security, or by reason of the existence of a public emergency, whether domestic or international, the time for the consideration of such Bill by Seanad Éireann shall, if Dáil Éireann so resolves and if the President, after consultation with the Council of State, concurs, be abridged to such period as shall be specified in the resolution.
  2. 2:

    Where a Bill, the time for the consideration of which by Seanad Éireann has been abridged under this Article,

    (a) is, in the case of a Bill which is not a Money Bill, rejected by Seanad Éireann or passed by Seanad Éireann with amendments to which Dáil Éireann does not agree or neither passed nor rejected by Seanad Éireann, or

    (b) is, in the case of a Money Bill, either returned by Seanad Éireann to Dáil Éireann with recommendations which Dáil Éireann does not accept or is not returned by Seanad Éireann to Dáil Éireann,

    within the period specified in the resolution, the Bill shall be deemed to have been passed by both Houses of the Oireachtas at the expiration of that period.

  3. 3:
    When a Bill the time for the consideration of which by Seanad Éireann has been abridged under this Article becomes law it shall remain in force for a period of ninety days from the date of its enactment and no longer unless, before the expiration of that period, both Houses shall have agreed that such law shall remain in force for a longer period and the longer period so agreed upon shall have been specified in resolutions passed by both Houses.

Article 25 After

The text of Article 25 after enacting the Second Amendment

Article 25.

  1. 1:
    As soon as any Bill, other than a Bill expressed to be a Bill containing a proposal for the amendment of this Constitution, shall have been passed or deemed to have been passed by both Houses of the Oireachtas, the Taoiseach shall present it to the President for his signature and for promulgation by him as a law in accordance with the provisions of this Article.
  2. 2:
    1. 1°:
      Save as otherwise provided by this Constitution, every Bill so presented to the President for his signature and for promulgation by him as a law shall be signed by the President not earlier than the fifth and not later than the seventh day after the date on which the Bill shall have been presented to him.
    2. 2°:
      At the request of the Government, with the prior concurrence of Seanad Éireann, the President may sign any Bill the subject of such request on a date which is earlier than the fifth day after such date as aforesaid.
  3. 3:
    Every Bill the time for the consideration of which by Seanad Éireann shall have been abridged under Article 24 of this Constitution shall be signed by the President on the day on which such Bill is presented to him for signature and promulgation as a law.
  4. 4:
    1. 1°:
      Every Bill shall become and be law as on and from the day on which it is signed by the President under this Constitution, and shall, unless the contrary intention appears, come into operation on that day.
    2. 2°:
      Every Bill signed by the President under this Constitution shall be promulgated by him as a law by the publication by his direction of a notice in the Iris Oifigiúil stating that the Bill has become law.
    3. 3°:
      Every Bill shall be signed by the President in the text in which it was passed or deemed to have been passed by both Houses of the Oireachtas, and if a Bill is so passed or deemed to have been passed in both the official languages, the President shall sign the text of the Bill in each of those languages.
    4. 4°:
      Where the President signs the text of a Bill in one only of the official languages, an official translation shall be issued in the other official language.
    5. 5°:
      As soon as may be after the signature and promulgation of a Bill as a law, the text of such law which was signed by the President or, where the President has signed the text of such law in each of the official languages, both the signed texts shall be enrolled for record in the office of the Registrar of the Supreme Court, and the text, or both the texts, so enrolled shall be conclusive evidence of the provisions of such law.
    6. 6°:
      In case of conflict between the texts of a law enrolled under this section in both the official languages, the text in the national language shall prevail.
  5. 5:
    1. 1°:
      It shall be lawful for the Taoiseach, from time to time as occasion appears to him to require, to cause to be prepared under his supervision a text (in both the official languages) of this Constitution as then in force embodying all amendments theretofore made therein.
    2. 2°:
      A copy of every text so prepared, when authenticated by the signatures of the Taoiseach and the Chief Justice, shall be signed by the President and shall be enrolled for record in the office of the Registrar of the Supreme Court.
    3. 3°:
      The copy so signed and enrolled which is for the time being the latest text so prepared shall, upon such enrolment, be conclusive evidence of this Constitution as at the date of such enrolment and shall for that purpose supersede all texts of this Constitution of which copies were previously so enrolled.
    4. 4°:
      In case of conflict between the texts of any copy of this Constitution enrolled under this section, the text in the national language shall prevail.

Article 26 After

The text of Article 26 after enacting the Second Amendment

Article 26.

This Article applies to any Bill passed or deemed to have been passed by both Houses of the Oireachtas other than a Money Bill, or a Bill expressed to be a Bill containing a proposal to amend the Constitution, or a Bill the time for the consideration of which by Seanad Éireann shall have been abridged under Article 24 of this Constitution.

  1. 1:
    1. 1°:
      The President may, after consultation with the Council of State, refer any Bill to which this Article applies to the Supreme Court for a decision on the question as to whether such Bill or any specified provision or provisions of such Bill is or are repugnant to this Constitution or to any provision thereof.
    2. 2°:
      Every such reference shall be made not later than the seventh day after the date on which such Bill shall have been presented by the Taoiseach to the President for his signature.
    3. 3°:
      The President shall not sign any Bill the subject of a reference to the Supreme Court under this Article pending the pronouncement of the decision of the Court.
  2. 2:
    1. 1°:
      The Supreme Court consisting of not less than five judges shall consider every question referred to it by the President under this Article for a decision, and, having heard arguments by or on behalf of the Attorney General and by counsel assigned by the Court, shall pronounce its decision on such question in open court as soon as may be, and in any case not later than sixty days after the date of such reference.
    2. 2°:
      The decision of the majority of the judges of the Supreme Court shall, for the purposes of this Article, be the decision of the Court and shall be pronounced by such one of those judges as the Court shall direct, and no other opinion, whether assenting or dissenting, shall be pronounced nor shall the existence of any such other opinion be disclosed.
  3. 3:
    1. 1°:
      In every case in which the Supreme Court decides that any provision of a Bill the subject of a reference to the Supreme Court under this Article is repugnant to this Constitution or to any provision thereof, the President shall decline to sign such Bill.
    2. 2°:
      If, in the case of a Bill to which Article 27 of this Constitution applies, a petition has been addressed to the President under that Article, that Article shall be complied with.
    3. 3°:
      In every other case the President shall sign the Bill as soon as may be after the date on which the decision of the Supreme Court shall have been pronounced.

Article 27 After

The text of Article 27 after enacting the Second Amendment

Article 27.

This Article applies to any Bill, other than a Bill expressed to be a Bill containing a proposal for the amendment of this Constitution, which shall have been deemed, by virtue of Article 23 hereof, to have been passed by both Houses of the Oireachtas.

  1. 1:
    A majority of the members of Seanad Éireann and not less than one-third of the members of Dáil Éireann may by a joint petition addressed to the President by them under this Article request the President to decline to sign and promulgate as a law any Bill to which this Article applies on the ground that the Bill contains a proposal of such national importance that the will of the people thereon ought to be ascertained.
  2. 2:
    Every such petition shall be in writing and shall be signed by the petitioners whose signatures shall be verified in the manner prescribed by law.
  3. 3:
    Every such petition shall contain a statement of the particular ground or grounds on which the request is based, and shall be presented to the President not later than four days after the date on which the Bill shall have been deemed to have been passed by both Houses of the Oireachtas.
  4. 4:
    1. 1°:
      Upon receipt of a petition addressed to him under this Article, the President shall forthwith consider such petition and shall, after consultation with the Council of State, pronounce his decision thereon not later than ten days after the date on which the Bill to which such petition relates shall have been deemed to have been passed by both Houses of the Oireachtas.
    2. 2°:
      If the Bill or any provision thereof is or has been referred to the Supreme Court under Article 26 of this Constitution, it shall not be obligatory on the President to consider the petition unless or until the Supreme Court has pronounced a decision on such reference to the effect that the said Bill or the said provision thereof is not repugnant to this Constitution or to any provision thereof, and, if a decision to that effect is pronounced by the Supreme Court, it shall not be obligatory on the President to pronounce his decision on the petition before the expiration of six days after the day on which the decision of the Supreme Court to the effect aforesaid is pronounced.
  5. 5:
    1. 1°:

      In every case in which the President decides that a Bill the subject of a petition under this Article contains a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the Taoiseach and the Chairman of each House of the Oireachtas accordingly in writing under his hand and Seal and shall decline to sign and promulgate such Bill as a law unless and until the proposal shall have been approved either

      1. i:
        by the people at a Referendum in accordance with the provisions of section 2 of Article 47 of this Constitution within a period of eighteen months from the date of the President's decision, or
      2. ii:
        by a resolution of Dáil Éireann passed within the said period after a dissolution and re-assembly of Dáil Éireann.
    2. 2°:
      Whenever a proposal contained in a Bill the subject of a petition under this Article shall have been approved either by the people or by a resolution of Dáil Éireann in accordance with the foregoing provisions of this section, such Bill shall as soon as may be after such approval be presented to the President for his signature and promulgation by him as a law and the President shall thereupon sign the Bill and duly promulgate it as a law.
  6. 6:
    In every case in which the President decides that a Bill the subject of a petition under this Article does not contain a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the Taoiseach and the Chairman of each House of the Oireachtas accordingly in writing under his hand and Seal, and such Bill shall be signed by the President not later than eleven days after the date on which the Bill shall have been deemed to have been passed by both Houses of the Oireachtas and shall be duly promulgated by him as a law.

Article 28 After

The text of Article 28 after enacting the Second Amendment

Article 28.

  1. 1:
    The Government shall consist of not less than seven and not more than fifteen members who shall be appointed by the President in accordance with the provisions of this Constitution.
  2. 2:
    The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government.
  3. 3:
    1. 1°:
      War shall not be declared and the State shall not participate in any war save with the assent of Dáil Éireann.
    2. 2°:
      In the case of actual invasion, however, the Government may take whatever steps they may consider necessary for the protection of the State, and Dáil Éireann if not sitting shall be summoned to meet at the earliest practicable date.
    3. 3°:
      Nothing in this Constitution shall be invoked to invalidate any law enacted by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law. In this sub-section ‘time of war’ includes a time when there is taking place an armed conflict in which the State is not a participant but in respect of which each of the Houses of the Oireachtas shall have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State and "time of war or armed rebellion" includes such time after the termination of any war, or of any such armed conflict as aforesaid, or of an armed rebellion, as may elapse until each of the Houses of the Oireachtas shall have resolved that the national emergency occasioned by such war, armed conflict, or armed rebellion has ceased to exist.
  4. 4:
    1. 1°:
      The Government shall be responsible to Dáil Éireann.
    2. 2°:
      The Government shall meet and act as a collective authority, and shall be collectively responsible for the Departments of State administered by the members of the Government.
    3. 3°:
      The Government shall prepare Estimates of the Receipts and Estimates of the Expenditure of the State for each financial year, and shall present them to Dáil Éireann for consideration.
  5. 5:
    1. 1°:
      The head of the Government, or Prime Minister, shall be called, and is in this Constitution referred to as, the Taoiseach.
    2. 2°:
      The Taoiseach shall keep the President generally informed on matters of domestic and international policy.
  6. 6:
    1. 1°:
      The Taoiseach shall nominate a member of the Government to be the Tánaiste.
    2. 2°:
      The Tánaiste shall act for all purposes in the place of the Taoiseach if the Taoiseach should die, or become permanently incapacitated, until a new Taoiseach shall have been appointed.
    3. 3°:
      The Tánaiste shall also act for or in the place of the Taoiseach during the temporary absence of the Taoiseach.
  7. 7:
    1. 1°:
      The Taoiseach, the Tánaiste and the member of the Government who is in charge of the Department of Finance must be members of Dáil Éireann.
    2. 2°:
      The other members of the Government must be members of Dáil Éireann or Seanad Éireann, but not more than two may be members of Seanad Éireann.
  8. 8:
    Every member of the Government shall have the right to attend and be heard in each House of the Oireachtas.
  9. 9:
    1. 1°:
      The Taoiseach may resign from office at any time by placing his resignation in the hands of the President.
    2. 2°:
      Any other member of the Government may resign from office by placing his resignation in the hands of the Taoiseach for submission to the President.
    3. 3°:
      The President shall accept the resignation of a member of the Government, other than the Taoiseach, if so advised by the Taoiseach.
    4. 4°:
      The Taoiseach may at any time, for reasons which to him seem sufficient, request a member of the Government to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the Taoiseach so advises.
  10. 10:
    The Taoiseach shall resign from office upon his ceasing to retain the support of a majority in Dáil Éireann unless on his advice the President dissolves Dáil Éireann and on the reassembly of Dáil Éireann after the dissolution the Taoiseach secures the support of a majority in Dáil Éireann.
  11. 11:
    1. 1°:
      If the Taoiseach at any time resigns from office the other members of the Government shall be deemed also to have resigned from office, but the Taoiseach and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed.
    2. 2°:
      The members of the Government in office at the date of a dissolution of Dáil Éireann shall continue to hold office until their successors shall have been appointed.
  12. 12:
    The following matters shall be regulated in accordance with law, namely, the organization of, and distribution of business amongst, Departments of State, the designation of members of the Government to be the Ministers in charge of the said Departments, the discharge of the functions of the office of a member of the Government during his temporary absence or incapacity, and the remuneration of the members of the Government.

Article 34 After

The text of Article 34 after enacting the Second Amendment

Article 34.

  1. 1:
    Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public.
  2. 2:
    The Courts shall comprise Courts of First Instance and a Court of Final Appeal.
  3. 3:
    1. 1°:
      The Courts of First Instance shall include a High Court invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal.
    2. 2°:
      Save as otherwise provided by this Article, the jurisdiction of the High Court shall extend to the question of the validity of any law having regard to the provisions of this Constitution, and no such question shall be raised (whether by pleading, argument or otherwise) in any Court established under this or any other Article of this Constitution other than the High Court or the Supreme Court.
    3. 3°:
      No Court whatever shall have jurisdiction to question the validity of a law, or any provision of a law, the Bill for which shall have been referred to the Supreme Court by the President under Article 26 of this Constitution, or to question the validity of a provision of a law where the corresponding provision in the Bill for such law shall have been referred to the Supreme Court by the President under the said Article 26.
    4. 4°:
      The Courts of First Instance shall also include Courts of local and limited jurisdiction with a right of appeal as determined by law.
  4. 4:
    1. 1°:
      The Court of Final Appeal shall be called the Supreme Court.
    2. 2°:
      The president of the Supreme Court shall be called the Chief Justice.
    3. 3°:
      The Supreme Court shall, with such exceptions and subject to such regulations as may be prescribed by law, have appellate jurisdiction from all decisions of the High Court, and shall also have appellate jurisdiction from such decisions of other courts as may be prescribed by law.
    4. 4°:
      No law shall be enacted excepting from the appellate jurisdiction of the Supreme Court cases which involve questions as to the validity of any law having regard to the provisions of this Constitution.
    5. 5°:
      The decision of the Supreme Court on a question as to the validity of a law having regard to the provisions of this Constitution shall be pronounced by such one of the judges of that Court as that Court shall direct, and no other opinion on such question, whether assenting or dissenting, shall be pronounced, nor shall the existence of any such other opinion be disclosed.
    6. 6°:
      The decision of the Supreme Court shall in all cases be final and conclusive.
  5. 5:
    1. 1°:

      Every person appointed a judge under this Constitution shall make and subscribe the following declaration:

      "In the presence of Almighty God I do solemnly and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office of Chief Justice (or as the case may be) without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me."
    2. 2°:
      This declaration shall be made and subscribed by the Chief Justice in the presence of the President, and by each of the other judges of the Supreme Court, the judges of the High Court and the judges of every other Court in the presence of the Chief Justice or the senior available judge of the Supreme Court in open court.
    3. 3°:
      The declaration shall be made and subscribed by every judge before entering upon his duties as such judge, and in any case not later than ten days after the date of his appointment or such later date as may be determined by the President.
    4. 4°:
      Any judge who declines or neglects to make such declaration as aforesaid shall be deemed to have vacated his office.

Article 40 After

The text of Article 40 after enacting the Second Amendment

Article 40.

  1. 1:

    All citizens shall, as human persons, be held equal before the law.

    This shall not be held to mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function.

  2. 2:
    1. 1°:
      Titles of nobility shall not be conferred by the State.
    2. 2°:
      No title of nobility or of honour may be accepted by any citizen except with the prior approval of the Government.
  3. 3:
    1. 1°:
      The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen.
    2. 2°:
      The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen.
  4. 4:
    1. 1°:
      No citizen shall be deprived of his personal liberty save in accordance with law.
    2. 2°:
      Upon complaint being made by or on behalf of any person to the High Court or any judge thereof alleging that such person is being unlawfully detained, the High Court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order the person in whose custody such person is detained to produce the body of such person before the High Court on a named day and to certify in writing the grounds of his detention, and the High Court shall, upon the body of such person being produced before that Court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he is being detained in accordance with the law.
    3. 3°:
      Where the body of a person alleged to be unlawfully detained is produced before the High Court in pursuance of an order in that behalf made under this section and that Court is satisfied that such person is being detained in accordance with a law but that such law is invalid having regard to the provisions of this Constitution, the High Court shall refer the question of the validity of such law to the Supreme Court by way of case stated and may, at the time of such reference or at any time thereafter, allow the said person to be at liberty on such bail and subject to such conditions as the High Court shall fix until the Supreme Court has determined the question so referred to it.
    4. 4°:
      The High Court before which the body of a person alleged to be unlawfully detained is to be produced in pursuance of an order in that behalf made under this section shall, if the President of the High Court or, if he is not available, the senior judge of that Court who is available so directs in respect of any particular case, consist of three judges and shall, in every other case, consist of one judge only.
    5. 5°:
      Where an order is made under this section by the High Court or a judge thereof for the production of the body of a person who is under sentence of death, the High Court or such judge thereof shall further order that the execution of the said sentence of death shall be deferredl untill after the body of such person has been produced before the High Court and the lawfulness of his detention has been determined and if, after such deferment, the detention of such person is determined to be lawful, the High Court shall appoint a day for the execution of the said sentence of death and that sentence shall have effect with the substitution of the day so appointed for the day originally fixed for the execution thereof.
    6. 6°:
      Nothing in this section, however, shall be invoked to prohibit, control, or interfere with any act of the Defence Forces during the existence of a state of war or armed rebellion.
  5. 5:
    The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.
  6. 6:
    1. 1°:

      The State guarantees liberty for the exercise of the following rights, subject to public order and morality:—

      1. i:

        The right of the citizens to express freely their convictions and opinions.

        The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State.

        The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.

      2. ii:

        The right of the citizens to assemble peaceably and without arms.

        Provision may be made by law to prevent or control meetings which are determined in accordance with law to be calculated to cause a breach of the peace or to be a danger or nuisance to the general public and to prevent or control meetings in the vicinity of either House of the Oireachtas.

      3. iii:

        The right of the citizens to form associations and unions.

        Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right.

    2. 2°:
      Laws regulating the manner in which the right of forming associations and unions and the right of free assembly may be exercised shall contain no political, religious or class discrimination.

Article 47 After

The text of Article 47 after enacting the Second Amendment

Article 47.

  1. 1:
    Every proposal for an amendment of this Constitution which is submitted by Referendum to the decision of the people shall, for the purpose of Article 46 of this Constitution, be held to have been approved by the people, if, upon having been so submitted, a majority of the votes cast at such Referendum shall have been cast in favour of its enactment into law.
  2. 2:
    1. 1°:
      Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall be held to have been vetoed by the people if a majority of the votes cast at such Referendum shall have been cast against its enactment into law and if the votes so cast against its enactment into law shall have amounted to not less than thirty-three and one-third per cent. of the voters on the register.
    2. 2°:
      Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall for the purposes of Article 27 hereof be held to have been approved by the people unless vetoed by them in accordance with the provisions of the foregoing sub-section of this section.
  3. 3:
    Every citizen who has the right to vote at an election for members of Dáil Éireann shall have the right to vote at a Referendum.
  4. 4:
    Subject as aforesaid, the Referendum shall be regulated by law.

Article 56 After

The text of Article 56 after enacting the Second Amendment

Article 56.

  1. 1:
    On the coming into operation of this Constitution, the Government in office immediately before the coming into operation of this Constitution shall become and be the Government for the purposes of this Constitution and the members of that Government shall without any appointment under Article 13 hereof, continue to hold their respective offices as if they had been appointed thereto under the said Article 13.
  2. 2:
    The members of the Government in office on the date on which the first President shall enter upon his office shall receive official appointments from the President as soon as may be after the said date.
  3. 3:
    The Departments of State of Saorstát Éireann shall as on and from the date of the coming into operation of this Constitution and until otherwise determined by law become and be the Departments of State.
  4. 4:
    On the coming into operation of this Constitution, the Civil Service of the Government of Saorstát Éireann shall become and be the Civil Service of the Government.
  5. 5:
    1. 1°:
      Nothing in this Constitution shall prejudice or affect the terms and conditions of service, or the tenure of office or the remuneration of any person who was in any Governmental employment immediately prior to the coming into operation of this Constitution.
    2. 2°:
      Nothing in this Article shall operate to invalidate or restrict any legislation whatsoever which has been enacted or may be enacted hereafter applying to or prejudicing or affecting all or any of the matters contained in the next preceding sub-section.