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The Irish Constitution: A Guide to Governance and Rights

A legal document outlining how Ireland should be governed, the Irish Constitution consists of 50 articles establishing the government, courts, and fundamental rights of citizens. Passed in 1937, it covers themes such as the role of the President, Parliament, and courts, personal rights, and the process for constitutional changes. Learn about the nation’s history, the State, the President's role, and citizens' essential rights protected by the Constitution. Explore the key articles and principles that shape Ireland's governance and society.

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The Irish Constitution: A Guide to Governance and Rights

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  1. Bunreacht Na hÉireann The Irish Constitution

  2. What is a constitution • A legal document that sets out how Ireland should be governed • There are 50 articles in the Irish constitution • Establishes the government and courts • Describes the fundamental rights of every Irish citizen.

  3. History

  4. History • Passed in July 1937 and came into force December 29 1937 • Introduced by Éamon De Valera and Fianna Fáil • 75.8% voted for the constitution and 24.2% were against

  5. Some Key Articles • The 50 Articles are divided up as follows: • Article(s) Theme • The Preamble The Introduction to the Constitution • Articles 1 to 11 They explain exactly what is meant by the state, Ireland • Articles 12 to 14 Describe the role of the President of Ireland • Articles 15 to 27 Deal with the National Parliament • Article 28 Describes the role of the Government • Article 29 Sets out the international arrangements between Ireland and other countries

  6. Some key Articles Continued • Articles 30 to 33 Describe the role of some important advisors to the State including the Attorney General • Articles 34 to 39 Explain the court system and how trials should be held • Articles 40 to 44 Set out the rights that people have – personal rights, family rights, education rights, property rights and religious rights • Article 45 Explains how the State should look after the welfare of the Irish people • Articles 46 to 50 Describe how the Constitution can be changed (amended) by a special type of election, called a Referendum, or rewritten altogether

  7. The nation • Article 3 declares that it is the "firm will of the Irish Nation" to bring about a united Ireland, provided that this occurs "only by peaceful means", and only with the express consent of the majority of the people in Northern Ireland.

  8. The State • The national flag is defined as "the tricolour of green, white and orange" • The Constitution declares that "[the] name of the State is Éire, or, in the English language, Ireland"

  9. The President • The President represents all the people of Ireland. He or she makes State visits abroad and also receives other Heads of State on visits to Ireland at the official residence, Áras an Uachtaráin. The President plays an active role in promoting Ireland's image and role in the international arena.

  10. Personal Rights • The Constitution recognises and declares that people living in Ireland have certain fundamental personal rights. These rights are natural human rights and are confirmed and protected by the Constitution. • Some examples are…

  11. Equality before the law • All citizens in Ireland shall be held equal before the law. This means that the State cannot unjustly, unreasonably or arbitrarily discriminate between citizens. You cannot be treated as inferior or superior to any other person in society simply because of your human attributes or your ethnic, racial, social or religious background.

  12. Freedom of expression • You have a right to freely express your convictions and opinions.

  13. The right to fair procedures • The courts, and all other bodies or persons making decisions that affect you, must treat you fairly.

  14. The right to earn a livelihood • As a citizen, you have a right to work and to earn a living, whether you are male or female. • The State is under a duty to protect your right to work and earn a livelihood from unjust attack.

  15. Any others? • Can you think of any other rights which might be part of the constitution?

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