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Twenty-first Amendment

Signed 27th Mar, 2002

Prohibited the death penalty and provided for the removal of references to the death penalty.

Articles Amended

Article 13 After

The text of Article 13 after enacting the Twenty-first Amendment

Article 13.

  1. 1:
    1. 1°:
      The President shall, on the nomination of Dáil Éireann, appoint the Taoiseach, that is, the head of the Government or Prime Minister.
    2. 2°:
      The President shall, on the nomination of the Taoiseach with the previous approval of Dáil Éireann, appoint the other members of the Government.
    3. 3°:
      The President shall, on the advice of the Taoiseach, accept the resignation or terminate the appointment of any member of the Government.
  2. 2:
    1. 1°:
      Dáil Éireann shall be summoned and dissolved by the President on the advice of the Taoiseach.
    2. 2°:
      The President may in his absolute discretion refuse to dissolve Dáil Éireann on the advice of a Taoiseach who has ceased to retain the support of a majority in Dáil Éireann.
    3. 3°:
      The President may at any time, after consultation with the Council of State, convene a meeting of either or both of the Houses of the Oireachtas.
  3. 3:
    1. 1°:
      Every Bill passed or deemed to have been passed by both Houses of the Oireachtas shall require the signature of the President for its enactment into law.
    2. 2°:
      The President shall promulgate every law made by the Oireachtas.
  4. 4:
    The supreme command of the Defence Forces is hereby vested in the President.
  5. 5:
    1. 1°:
      The exercise of the supreme command of the Defence Forces shall be regulated by law.
    2. 2°:
      All commissioned officers of the Defence Forces shall hold their commissions from the President.
  6. 6:
    The right of pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction are hereby vested in the President, but such power of commutation or remission may also be conferred by law on other authorities.
  7. 7:
    1. 1°:
      The President may, after consultation with the Council of State, communicate with the Houses of the Oireachtas by message or address on any matter of national or public importance.
    2. 2°:
      The President may, after consultation with the Council of State, address a message to the Nation at any time on any such matter.
    3. 3°:
      Every such message or address must, however, have received the approval of the Government.
  8. 8:
    1. 1°:
      The President shall not be answerable to either House of the Oireachtas or to any court for the exercise and performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions.
    2. 2°:
      The behaviour of the President may, however, be brought under review in either of the Houses of the Oireachtas for the purposes of section 10 of Article 12 of this Constitution, or by any court, tribunal or body appointed or designated by either of the Houses of the Oireachtas for the investigation of a charge under section 10 of the said Article.
  9. 9:
    The powers and functions conferred on the President by this Constitution shall be exercisable and performable by him only on the advice of the Government, save where it is provided by this Constitution that he shall act in his absolute discretion or after consultation with or in relation to the Council of State, or on the advice or nomination of, or on receipt of any other communication from, any other person or body.
  10. 10:
    Subject to this Constitution, additional powers and functions may be conferred on the President by law.
  11. 11:
    No power or function conferred on the President by law shall be exercisable or performable by him save only on the advice of the Government.

Article 15 After

The text of Article 15 after enacting the Twenty-first Amendment

Article 15.

  1. 1:
    1. 1°:
      The National Parliament shall be called and known, and is in this Constitution generally referred to, as the Oireachtas.
    2. 2°:
      The Oireachtas shall consist of the President and two Houses, viz.: a House of Representatives to be called Dáil Éireann and a Senate to be called Seanad Éireann.
    3. 3°:
      The Houses of the Oireachtas shall sit in or near the City of Dublin or in such other place as they may from time to time determine.
  2. 2:
    1. 1°:
      The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State.
    2. 2°:
      Provision may however be made by law for the creation or recognition of subordinate legislatures and for the powers and functions of these legislatures.
  3. 3:
    1. 1°:
      The Oireachtas may provide for the establishment or recognition of functional or vocational councils representing branches of the social and economic life of the people.
    2. 2°:
      A law establishing or recognising any such council shall determine its rights, powers and duties, and its relation to the Oireachtas and to the Government.
  4. 4:
    1. 1°:
      The Oireachtas shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof.
    2. 2°:
      Every law enacted by the Oireachtas which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid.
  5. 5:
    1. 1°:
      The Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission.
    2. 2°:
      The Oireachtas shall not enact any law providing for the imposition of the death penalty.
  6. 6:
    1. 1°:
      The right to raise and maintain military or armed forces is vested exclusively in the Oireachtas.
    2. 2°:
      No military or armed force, other than a military or armed force raised and maintained by the Oireachtas, shall be raised or maintained for any purpose whatsoever.
  7. 7:
    The Oireachtas shall hold at least one session every year.
  8. 8:
    1. 1°:
      Sittings of each House of the Oireachtas shall be public.
    2. 2°:
      In cases of special emergency, however, either House may hold a private sitting with the assent of two-thirds of the members present.
  9. 9:
    1. 1°:
      Each House of the Oireachtas shall elect from its members its own Chairman and Deputy Chairman, and shall prescribe their powers and duties.
    2. 2°:
      The remuneration of the Chairman and Deputy Chairman of each House shall be determined by law.
  10. 10:
    Each House shall make its own rules and standing orders, with power to attach penalties for their infringement, and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.
  11. 11:
    1. 1°:
      All questions in each House shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present and voting other than the Chairman or presiding member.
    2. 2°:
      The Chairman or presiding member shall have and exercise a casting vote in the case of an equality of votes.
    3. 3°:
      The number of members necessary to constitute a meeting of either House for the exercise of its powers shall be determined by its standing orders.
  12. 12:
    All official reports and publications of the Oireachtas or of either House thereof and utterances made in either House wherever published shall be privileged.
  13. 13:
    The members of each House of the Oireachtas shall, except in case of treason as defined in this Constitution, felony or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of, either House, and shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself.
  14. 14:
    No person may be at the same time a member of both Houses of the Oireachtas, and, if any person who is already a member of either House becomes a member of the other House, he shall forthwith be deemed to have vacated his first seat.
  15. 15:
    The Oireachtas may make provision by law for the payment of allowances to the members of each House thereof in respect of their duties as public representatives and for the grant to them of free travelling and such other facilities (if any) in connection with those duties as the Oireachtas may determine.

Article 28 After

The text of Article 28 after enacting the Twenty-first 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 other than Article 15.5.2° 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 confidentiality of discussions at meetings of the Government shall be respected in all circumstances save only where the High Court determines that disclosure should be made in respect of a particular matter—

      1. i:
        in the interests of the administration of justice by a Court, or
      2. ii:
        by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Minister of the Government on the authority of the Houses of the Oireachtas to inquire into a matter stated by them to be of public importance.
    4. 4°:
      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 40 After

The text of Article 40 after enacting the Twenty-first 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.
    3. 3°:

      The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

      This subsection shall not limit freedom to travel between the State and another state.

      This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.

  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°:
      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.
    6. 6°:
      Provision may be made by law 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.
  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.