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Thirty-third Amendment

Signed 1st Nov, 2013

Provided for the establishment of a Court of Appeal.

Articles Amended

Article 12 After

The text of Article 12 after enacting the Thirty-third 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, of the Court of Appeal 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 Thirty-third 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 Court of Appeal 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 31 After

The text of Article 31 after enacting the Thirty-third Amendment

Article 31.

  1. 1:
    There shall be a Council of State to aid and counsel the President on all matters on which the President may consult the said Council in relation to the exercise and performance by him of such of his powers and functions as are by this Constitution expressed to be exercisable and performable after consultation with the Council of State, and to exercise such other functions as are conferred on the said Council by this Constitution.
  2. 2:

    The Council of State shall consist of the following members:

    1. i:
      As ex-officio members: the Taoiseach, the Tánaiste, the Chief Justice, the President of the Court of Appeal, the President of the High Court, the Chairman of Dáil Éireann, the Chairman of Seanad Éireann, and the Attorney General.
    2. ii:
      Every person able and willing to act as a member of the Council of State who shall have held the office of President, or the office of Taoiseach, or the office of Chief Justice, or the office of President of the Executive Council of Saorstát Éireann.
    3. iii:
      Such other persons, if any, as may be appointed by the President under this Article to be members of the Council of State.
  3. 3:
    The President may at any time and from time to time by warrant under his hand and Seal appoint such other persons as, in his absolute discretion, he may think fit, to be members of the Council of State, but not more than seven persons so appointed shall be members of the Council of State at the same time.
  4. 4:

    Every member of the Council of State shall at the first meeting thereof which he attends as a member take and subscribe a declaration in the following form:

    "In the presence of Almighty God I do solemnly and sincerely promise and declare that I will faithfully and conscientiously fulfil my duties as a member of the Council of State."
  5. 5:
    Every member of the Council of State appointed by the President, unless he previously dies, resigns, becomes permanently incapacitated, or is removed from office, shall hold office until the successor of the President by whom he was appointed shall have entered upon his office.
  6. 6:
    Any member of the Council of State appointed by the President may resign from office by placing his resignation in the hands of the President.
  7. 7:
    The President may, for reasons which to him seem sufficient, by an order under his hand and Seal, terminate the appointment of any member of the Council of State appointed by him.
  8. 8:
    Meetings of the Council of State may be convened by the President at such times and places as he shall determine.

Article 34 After

The text of Article 34 after enacting the Thirty-third 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:

    1. i:
      Courts of First Instance;
    2. ii:
      a Court of Appeal; and
    3. iii:
      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, the Court of Appeal 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 Appeal shall—

      1. i:
        save as otherwise provided by this Article, and
      2. ii:
        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.

    2. 2°:
      No law shall be enacted excepting from the appellate jurisdiction of the Court of Appeal cases which involve questions as to the validity of any law having regard to the provisions of this Constitution.
    3. 3°:
      The decision of the Court of Appeal shall be final and conclusive, save as otherwise provided by this Article.
  5. 5:
    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, subject to such regulations as may be prescribed by law, have appellate jurisdiction from a decision of the Court of Appeal if the Supreme Court is satisfied that—

      1. i:
        the decision involves a matter of general public importance, or
      2. ii:
        in the interests of justice it is necessary that there be an appeal to the Supreme Court.
    4. 4°:

      Notwithstanding section 4.1° hereof, the Supreme Court shall, subject to such regulations as may be prescribed by law, have appellate jurisdiction from a decision of the High Court if the Supreme Court is satisfied that there are exceptional circumstances warranting a direct appeal to it, and a precondition for the Supreme Court being so satisfied is the presence of either or both of the following factors:

      1. i:
        the decision involves a matter of general public importance;
      2. ii:
        the interests of justice.
    5. 5°:
      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.
    6. 6°:
      The decision of the Supreme Court shall in all cases be final and conclusive.
  6. 6:
    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 Court of Appeal, 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 34A After

The text of Article 34A after enacting the Thirty-third Amendment

Article 34A.

  1. 1:
    The Court of Appeal referred to in paragraph ii of Article 34.2 hereof (“the Court of Appeal”) shall be established in accordance with this Article.
  2. 2:
    As soon as practicable after the enactment of this Article, a law providing for the establishment of the Court of Appeal shall be enacted.
  3. 3:
    That law shall require the Government to appoint by order a day (“the establishment day”) on which the Court of Appeal shall be established by virtue of that law; an order of the Government as aforesaid shall operate to have that effect accordingly.
  4. 4:
    This Article shall be omitted from every official text of this Constitution published after the establishment day.

Article 35 After

The text of Article 35 after enacting the Thirty-third Amendment

Article 35.

  1. 1:
    The judges of the Supreme Court, the Court of Appeal, the High Court and all other Courts established in pursuance of Article 34 hereof shall be appointed by the President.
  2. 2:
    All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law.
  3. 3:
    No judge shall be eligible to be a member of either House of the Oireachtas or to hold any other office or position of emolument.
  4. 4:
    1. 1°:
      A judge of the Supreme Court, the Court of Appeal, or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.
    2. 2°:
      The Taoiseach shall duly notify the President of any such resolutions passed by Dáil Éireann and by Seanad Éireann, and shall send him a copy of every such resolution certified by the Chairman of the House of the Oireachtas by which it shall have been passed.
    3. 3°:
      Upon receipt of such notification and of copies of such resolutions, the President shall forthwith, by an order under his hand and Seal, remove from office the judge to whom they relate.
  5. 5:
    1. 1°:
      The remuneration of judges shall not be reduced during their continuance in office save in accordance with this section.
    2. 2°:
      The remuneration of judges is subject to the imposition of taxes, levies or other charges that are imposed by law on persons generally or persons belonging to a particular class.
    3. 3°:
      Where, before or after the enactment of this section, reductions have been or are made by law to the remuneration of persons belonging to classes of persons whose remuneration is paid out of public money and such law states that those reductions are in the public interest, provision may also be made by law to make proportionate reductions to the remuneration of judges.

Article 36 After

The text of Article 36 after enacting the Thirty-third Amendment

Article 36.

Subject to the foregoing provisions of this Constitution relating to the Courts, the following matters shall be regulated in accordance with law, that is to say:—

  1. i:
    the number of judges of the Supreme Court, of the Court of Appeal, and of the High Court, the remuneration, age of retirement and pensions of such judges,
  2. ii:
    the number of the judges of all other Courts, and their terms of appointment, and
  3. iii:
    the constitution and organization of the said Courts, the distribution of jurisdiction and business among the said Courts and judges, and all matters of procedure.

Article 40 After

The text of Article 40 after enacting the Thirty-third 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 Court of Appeal 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 Court of Appeal 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.

Article 64 After

The text of Article 64 after enacting the Thirty-third Amendment

Article 64.

  1. 1:
    In this Article “the establishment day” has the same meaning as it has in Article 34A of this Constitution.
  2. 2:
    1. 1°:
      Sections 3 and 4 hereof apply to an appeal to the Supreme Court initiated before the establishment day that has not been heard, in full or in part, by the Supreme Court before that day.
    2. 2°:
      For the purposes of this Article, an appeal shall not be taken to have been heard in part by reason of the Supreme Court having heard an interlocutory application relating to the appeal or, unless the appeal itself is confined to a procedural matter, the Supreme Court having heard any procedural application or motion in the matter.
  3. 3:
    1. 1°:
      On or after the establishment day, the Chief Justice may, if the Chief Justice is satisfied that it is in the interests of the administration of justice and the efficient determination of appeals to do so, and with the concurrence of the other judges of the Supreme Court, give a direction under the seal of the Court providing that each appeal to which this section applies falling within a class of appeals specified in the direction shall be heardand determined by the Court of Appeal and, where such a direction is given, the Court of Appeal shall, subject to subsection 3° hereof, have jurisdiction to hear and determine each appeal the subject of that direction accordingly.
    2. 2°:
      A direction under subsection 1° hereof may contain provision for any matter that the Chief Justice considers it appropriate to provide for in consequence of the appeals concerned being heard and determined by the Court of Appeal and any such provision shall have like effect to a provision contained in an order made by the Supreme Court.
    3. 3°:

      The Supreme Court, on application to it that complies with such, if any, regulations as may be prescribed by law and made by any of the parties to an appeal the subject of a direction under subsection 1°, may, if it is satisfied that it is just to do so, make an order—

      1. i:
        cancelling the effect of that direction, or
      2. ii:
        cancelling or varying the effect of any provision, referred to in subsection 2° hereof, of that direction,

      so far as it relates to that appeal.

  4. 4:
    1. 1°:
      If, on application to it that complies with such, if any, regulations as may be prescribed by law and made by any of the parties to the appeal, the Supreme Court is satisfied that it is in the interests of the administration of justice and the efficient determination of appeals to do so, the Supreme Court may make an order providing that the appeal shall be heard and determined by the Court of Appeal and, where such an order is made, the Court of Appeal shall have jurisdiction to hear and determine the appeal accordingly.
    2. 2°:
      An order under subsection 1° hereof may contain provision for any matter that the Supreme Court considers it appropriate to provide for in consequence of the appeal being heard and determined by the Court of Appeal.
  5. 5:
    Save to the extent provided by any direction given or order made pursuant to the powers conferred by section 3 or 4 hereof, the exercise by the Supreme Court of its jurisdiction in relation to appeals to that Court initiated before the establishment day shall not be affected by the amendments of this Constitution made by the Thirty-third Amendment of the Constitution (Court of Appeal) Act 2013.
  6. 6:
    Notwithstanding any amendments of this Constitution made as aforesaid, the Supreme Court shall continue to have appellate jurisdiction from decisions of the Court of Criminal Appeal that stood established before the establishment day to the extent provided, and subject to the same regulations as were prescribed, by law immediately before the establishment day, and sections 3 and 4 hereof shall not apply to an appeal from a decision of the Court of Criminal Appeal.
  7. 7:
    This Article shall be omitted from every official text of this Constitution published on or following the expiry of one year after the establishment day.