Constitution of Ireland

Ireland, located in Europe shares a border with Britain. Geographically, five-sixths of the island - 'Ireland' is an independent state - 'Republic of Ireland' and the remaining one-sixths - 'Northern Ireland', which is part of the United Kingdom. The population of this country is approx 51,23,000 with 70,273 square kilometers area. The official languages are Irish and English. Over 92% are white. More than 85% are Christians, almost all of them are Catholics. 10% do not believe in any religion.

If anyone thinks that the constitutions of rich countries are "something special" - then that's a big mistake. Only "Article 42A" of the Constitution of Ireland is interesting. With few exceptions, Ireland's constitution is one of the worst constitutions in the history of the world.

Same-sex marriage is legal under Ireland's constitution. One of the purposes of marriage is to give birth to children and preserve the integrity of the family tradition. Since so-called same-sex couples have no possibility of procreation, same-sex marriage is baseless. Why this simple truth is not understood by many is surprising. For those who think homosexuality or same-sex marriage is normal, were their parents homosexual? If all the people on earth were homosexual, then the birth of children would stop. The human nation would become extinct.

Besides, this constitution of Ireland is a very religion-centric constitution. Europe means secular - this is another misconception. There is no difference with the Muslim-dominated states of the Middle East. The Middle East rulers use Islam to stay in power, and preaches that the Jews of Israel will destroy everything if the royal families are not in power! Same situation in Ireland. The difference is that in Ireland it is Christianity instead of Islam.

The attempt to identify women as "fit for domestic work" under Article 41 is noteworthy. Court permission is required for divorce.

Irish politicians are used to playing both sides. They don't have their own moral position. Their main objective is to capture different vote banks by any means necessary. Religion has been used from time to time to secure votes for bigoted groups. At the same time, the constitutional legalization of same-sex marriage was granted to ensure the vote of homosexuals and their supporters. Divorce was banned in Ireland until 1995. Abortion was banned until 2018. Same-sex marriage was legalized in 2010.​

 

 

Admirable Articles of Ireland's Constitution

Article 42A

1. The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights.

2.

1°. In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.

2°. Provision shall be made by law for the adoption of any child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child and where the best interests of the child so require.

3. Provision shall be made by law for the voluntary placement for adoption and the adoption of any child.

 

 

 

Facts of Ireland's Constitution

Preamble (Part of it)

In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred,

We, the people of Éire,

Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial,

 

ARTICLE 6

1. All powers of government, legislative, executive and judicial, derive, under God, from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.

2. These powers of government are exercisable only by or on the authority of the organs of State established by this Constitution.

 

ARTICLE 8

1. The Irish language as the national language is the first official language.

2. The English language is recognised as a second official language.

3. Provision may, however, be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the State or in any part thereof.

 

ARTICLE 12 (Part of it)

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."

​

ARTICLE 31

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."

​

ARTICLE 34 (Part of it)

6.

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."

​

ARTICLE 40 (Part of it)

2.

1°. Titles of nobility shall not be conferred by the State.

2°. No title of nobility or of honour may be accepted by any citizen except with the prior approval of the Government.

3.

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°. 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°. Provision may be made by law for the regulation of termination of pregnancy.

4.

1°. No citizen shall be deprived of his personal liberty save in accordance with law.

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°. 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°. 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.

6.

1°. The State guarantees liberty for the exercise of the following rights, subject to public order and morality:

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 seditious or indecent matter is an offence which shall be punishable in accordance with law.

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.

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°. 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 41 (Part of it)

2.

1°. In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.

2°. The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.

3.

1°. The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.

2°. A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that

i. there is no reasonable prospect of a reconciliation between the spouses,

ii. such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and

iii. any further conditions prescribed by law are complied with.

iv.

3°. Provision may be made by law for the recognition under the law of the State of a dissolution of marriage granted under the civil law of another state.

4. Marriage may be contracted in accordance with law by two persons without distinction as to their sex.

 

ARTICLE 42

1. The State acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children.

2. Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State.

3.

1°. The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.

2°. The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social.

 

ARTICLE 44

1. The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion.

2.

1°. Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.

2°. The State guarantees not to endow any religion.

3°. The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.

4°. Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.

5°. Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes.

6°. The property of any religious denomination or any educational institution shall not be diverted save for necessary works of public utility and on payment of compensation.

 

DIRECTIVE PRINCIPLES OF SOCIAL POLICY

ARTICLE 45

The principles of social policy set forth in this Article are intended for the general guidance of the Oireachtas. The application of those principles in the making of laws shall be the care of the Oireachtas exclusively, and shall not be cognisable by any Court under any of the provisions of this Constitution.

1. The State shall strive to promote the welfare of the whole people by securing and protecting as effectively as it may a social order in which justice and charity shall inform all the institutions of the national life.

2. The State shall, in particular, direct its policy towards securing:

i. That the citizens (all of whom, men and women equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs.

ii. That the ownership and control of the material resources of the community may be so distributed amongst private individuals and the various classes as best to subserve the common good.

iii. That, especially, the operation of free competition shall not be allowed so to develop as to result in the concentration of the ownership or control of essential commodities in a few individuals to the common detriment.

iv. That in what pertains to the control of credit the constant and predominant aim shall be the welfare of the people as a whole.

v. That there may be established on the land in economic security as many families as in the circumstances shall be practicable.

3.

1°. The State shall favour and, where necessary, supplement private initiative in industry and commerce.

2°. The State shall endeavour to secure that private enterprise shall be so conducted as to ensure reasonable efficiency in the production and distribution of goods and as to protect the public against unjust exploitation.

4.

1°. The State pledges itself to safeguard with especial care the economic interests of the weaker sections of the community, and, where necessary, to contribute to the support of the infirm, the widow, the orphan, and the aged.

2°. The State shall endeavour to ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter avocations unsuited to their sex, age or strength.