69-622: Baron Auckland is a title in both the Peerage of Ireland and the Peerage of Great Britain . The first creation came in 1789 when the prominent politician and financial expert William Eden was made Baron Auckland in the Peerage of Ireland. In 1793, he was created Baron Auckland , of West Auckland in the County of Durham, in the Peerage of Great Britain. Eden notably served as Chief Secretary for Ireland , Ambassador to Spain , and President of
138-555: A century after the union, although the treaty of union placed restrictions on their numbers: three needed to become extinct before a new peerage could be granted, until there were only one hundred Irish peers (exclusive of those who held any peerage of Great Britain subsisting at the time of the union, or of the United Kingdom created since the union). There was a spate of creations of Irish peerages from 1797 onward, mostly peerages of higher ranks for existing Irish peers, as part of
207-645: A message of goodwill from 268 United States congressmen, including eight senators. The signatories expressed "their ardent congratulations on the birth of the State of Ireland and the consequent coming into effect of the new constitution", adding that "We regard the adoption of the new constitution and the emergence of the State of Ireland as events of the utmost importance." Feminists such as Hannah Sheehy Skeffington claimed that certain articles threatened their rights as citizens and as workers. Article 41.2, for example, equated womanhood with motherhood and further specified
276-569: A national emergency the Oireachtas may pass laws that would otherwise be unconstitutional, and the actions of the executive cannot be found to be ultra vires or unconstitutional provided they at least "purport" to be in pursuance of such a law. However, the constitutional prohibition on the death penalty (Article 15.5.2°), introduced by an amendment made in 2001, is an absolute exception to these powers. There have been two national emergencies since 1937: an emergency declared in 1939 to cover
345-579: A new social problem or phenomenon not considered at the time of the Constitution being drafted (e.g. children's rights, same-sex marriage), to address outmoded provisions in the Constitution (e.g. special position of the Roman Catholic Church, prohibition on abortion), or to attempt to reverse or alter an interpretation of the court through a corrective referendum (e.g. Oireachtas enquiries). Usually referendums are only proposed when there
414-801: A number of Christian denominations, such as the Anglican Church of Ireland , the Presbyterian Church in Ireland , as well as "the Jewish Congregations". It also recognised the "special position" of the Catholic Church. These provisions were removed by the Fifth Amendment in 1973 (see below). Nevertheless, the constitution still contains a number of explicit religious references, such as in the preamble,
483-410: A prohibition on divorce. The ban on divorce was not removed until 1996. The Constitution had, from 1983 to 2018 , contained a prohibition of abortion. From 1992 the constitution did not prohibit the distribution of information about abortion services in other countries or the right of freedom of travel to procure an abortion. In theory, the prohibition of abortion did not apply to cases in which there
552-771: A statewide plebiscite held on 1 July 1937. The Constitution may be amended solely by a national referendum . It is the longest continually operating republican constitution within the European Union . The Constitution of Ireland replaced the Constitution of the Irish Free State , which had been in effect since the independence, as a dominion , of the Irish state from the United Kingdom on 6 December 1922. There were two main motivations for replacing
621-622: A woman's 'life within the home'. The Women Graduates' Association, the Joint Committee of Women's Societies and Social Workers, together with the Irish Women Workers' Union mobilised a two-month campaign seeking the provisions' amendment or deletion. The Republican Congress also critiqued the constitution's "stone-age conception of womanhood". Writing in the Irish Democrat, Peadar O'Donnell and Frank Ryan condemned
690-645: Is also in remainder to the Eden Baronetcy of West Auckland, a title held by his kinsman the Lord Eden of Winton. William Eden , the eldest son of the first Baron, was Member of Parliament for Woodstock . Sir Ashley Eden , third son of the third Baron, was an official and diplomat in British India . The city of Auckland in New Zealand was named after the first Earl of Auckland, the patron of
759-550: Is enrolled in both languages, and in case of conflict the Irish language version takes precedence, even though in practice the Irish text is a translation of the English rather than vice versa . The 1937 Constitution introduced some Irish-language terms into English, such as Taoiseach and Tánaiste , while others, such as Oireachtas , had been used in the Free State Constitution. The use in English of Éire ,
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#1732793428974828-575: Is more commonly used in the official sphere. A draft of the constitution was presented personally to the Vatican for review and comment on two occasions by the Department Head at External Relations, Joseph P. Walsh. Prior to its tabling in Dáil Éireann and presentation to the Irish electorate in a plebiscite, Vatican Secretary of State Eugenio Cardinal Pacelli , the future Pope Pius XII, said of
897-548: Is partly appointed, partly indirectly elected and partly elected by a limited electorate. There is also an independent judiciary headed by the Supreme Court (Article 34). Under Article 28.3.3° the Constitution grants the state sweeping powers "in time of war or armed rebellion", which may (if so resolved by both Houses of the Oireachtas) include an armed conflict in which the state is not a direct participant. During
966-504: Is the fundamental law of Ireland . It asserts the national sovereignty of the Irish people . It guarantees certain fundamental rights, along with a popularly elected non-executive president , a bicameral parliament , a separation of powers and judicial review . It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State . It came into force on 29 December 1937 following
1035-602: Is wide political support for the proposed change. Article 25.5 provides that from time to time, the Taoiseach may cause an up to date text of the Constitution to be prepared in Irish and in English, embodying all of the amendments made so far (and retaining the transitory provisions). Once this new text has been signed by the Taoiseach, the Chief Justice and the President, it is enrolled on vellum and deposited with
1104-695: The 1932 general election . After 1932, under the provisions of the Statute of Westminster, some of the articles of the original Constitution which were required by the Anglo-Irish Treaty were dismantled by acts of the Oireachtas of the Irish Free State . Such amendments removed references to the Oath of Allegiance , appeals to the United Kingdom's Judicial Committee of the Privy Council ,
1173-659: The Baron Clifton in the Peerage of England in 1722–1900 and 1937–1999 as the barony is in writ . In Ireland, barony may also refer to a semi-obsolete political subdivision of a county . There is no connection between such a barony and the noble title of baron. Two Irish earldoms have become extinct since the passage of the House of Lords Act 1999 , both in 2011: Constitution of Ireland The Constitution of Ireland ( Irish : Bunreacht na hÉireann , pronounced [ˈbˠʊnˠɾˠəxt̪ˠ n̪ˠə ˈheːɾʲən̪ˠ] )
1242-794: The British Crown and the Governor-General . The sudden abdication of Edward VIII in December 1936 was quickly used to redefine the Royal connection. Nevertheless, the Fianna Fáil government still desired to replace the constitutional document they saw as having been imposed by the British government in 1922. The second motive for replacing the original constitution was primarily symbolic. De Valera wanted to put an Irish stamp on
1311-459: The English monarchs in their capacity as Lord or King of Ireland , or later by monarchs of the United Kingdom of Great Britain and Ireland . It is one of the five divisions of Peerages in the United Kingdom . The creation of such titles came to an end in the 19th century. The ranks of the Irish peerage are duke , marquess , earl , viscount and baron . As of 2016, there were 135 titles in
1380-483: The Peerage of the United Kingdom have also referred to places in Ireland, for example Baron Arklow (created 1801 and 1881) or Baron Killarney (created 1892 and 1920). Since partition, only places in Northern Ireland have been used, although the 1880 title " Baron Mount Temple , of Mount Temple in the County of Sligo", was recreated in 1932 as "Baron Mount Temple, of Lee in the County of Southampton". In
1449-595: The Union effective in 1801 by an Act of 1800 they elected a small proportion – twenty-eight Irish representative peers – of their number (and elected replacements as they died) to the House of Lords at Westminster . Both before and after the Union, Irish peerages were often used as a way of creating peerages which did not grant a seat in the House of Lords of England (before 1707) or Great Britain (after 1707) and so allowed
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#17327934289741518-562: The X Case , the Supreme Court ruled that the state must permit an abortion where there is a danger to her life, including a risk of suicide. Writing in 1968 , Irish Times literary editor Terence de Vere White criticised both the constitution and the existing political system, "At the time of this writing, the Constitution of the Republic is under scrutiny, but it is unlikely that any proposed changes therein will radically alter
1587-519: The (non-binding) Directive Principles of Social Policy, as well as the system of vocational panels used to elect the Senate. The Constitution also grants very broadly worded rights to the institution of the family. The remaining religious provisions of the Constitution, including the wording of the Preamble, remain controversial and widely debated. As originally enacted, the Constitution also included
1656-506: The 1937 Constitution for upholding private property as a sacred, 'natural right' and declaring that capitalism was 'something ordained by Providence forever, amen!' The Congress further opposed the Roman Catholic Church's position as a 'State or semi-State church' in violation of republican principles and an offence to Protestants throughout the island. The 'Roman Catholic Bishops of the South', O'Donnell claimed, now functioned as 'the watchdogs of
1725-516: The 1999 changes to Articles 2 and 3 ; articles 34A and 64 were added by the Thirty-third (2013) to initialise the new Court of Appeal . The rejected 2013 proposal to abolish the Seanad included both the deletion of previous Seanad-related transitory provisions and the addition of two new abolition-related ones. The associated Referendum Commission published the full transitory provisions for
1794-477: The Board of Trade . His second son, the second Baron , was also a politician and served as Governor-General of India . In 1839 he was created Baron Eden , of Norwood in the County of Surrey, and Earl of Auckland , in the Peerage of the United Kingdom. However, he never married, and the barony of Eden and the earldom became extinct on his death while he was succeeded in the baronies of Auckland by his younger brother,
1863-484: The Catholic Archbishop of Dublin . Other religious leaders who were consulted were Archbishop Edward Byrne (Roman Catholic), Archbishop John Gregg (Church of Ireland), William Massey (Methodist) and James Irwin (Presbyterian). There are a number of instances where the texts in English and Irish clash, a potential dilemma which the Constitution resolves by favouring the Irish text even though English
1932-475: The Constitution: either as soon Hyde took office, or three years later in the case of Article 51. Article 51 expressly provides that it would cease to have legal effect once it was removed, but the rest remain in force, which has created subsequent inconvenience. The Second Amendment made changes to Article 56 despite the fact that it was no longer a part of the official text. The transitional continuation of
2001-479: The Department of Finance's preferences for minimal state spending. In line with Ireland's banks and grazier farming interests, the final wording thus preserved the state's existing currency and cattle trading relations with the United Kingdom. The text of the draft constitution, with minor amendments, was approved on 14 June 1937 by Dáil Éireann (then the sole house of parliament, the Seanad having been abolished
2070-565: The Great Depression, as social polarisation generated campaigns and strikes, Catholic social jurists aimed to forestall class conflict. Taoiseach Éamon de Valera and clericalist advisors such as John Charles McQuaid considered constitutional provisions to incorporate land redistribution, credit system regulation, and welfare rights. Late in the drafting process, however, de Valera re-wrote these initially robust socio-economic rights as non-binding 'directive principles', primarily to satisfy
2139-695: The Irish Department of Education. De Valera served as his own External Affairs Minister, hence the use of the Department's Legal Advisor, with whom he had previously worked closely, as opposed to the Attorney General or someone from the Department of the President of the Executive Council. He also received significant input from John Charles McQuaid , the then President of Blackrock College , on religious, educational, family and social welfare issues. McQuaid later became, in 1940,
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2208-498: The Irish Free State, in future to be described under the Constitution as 'Eire' or 'Ireland' ... [and] cannot recognise that the adoption of the name 'Eire' or 'Ireland', or any other provision of those articles [of the Irish constitution], involves any right to territory ... forming part of the United Kingdom of Great Britain and Northern Ireland ... They therefore regard the use of the name 'Eire' or 'Ireland' in this connection as relating only to that area which has hitherto been known as
2277-547: The Irish Free State. The other governments of the British Commonwealth countries chose to continue to regard Ireland as a member of the British Commonwealth. A proposal by the Northern Ireland government that Northern Ireland be renamed "Ulster" in response to the new Irish constitution was aborted after it was determined that this would require Westminster legislation. The Irish government received
2346-617: The Irish-language name of the state, is deprecated . The Constitution establishes a government under a parliamentary system . It provides for a directly elected, largely ceremonial President of Ireland (Article 12), a head of government called the Taoiseach (Article 28), and a national parliament called the Oireachtas (Article 15). The Oireachtas has a dominant directly elected lower house known as Dáil Éireann (Article 16) and an upper house Seanad Éireann (Article 18), which
2415-412: The Oireachtas had a right "to exercise jurisdiction over the whole of that territory". These articles offended Unionists in Northern Ireland, who considered them tantamount to an illegal extraterritorial claim. Under the terms of the 1998 Good Friday Agreement , Articles 2 and 3 were amended to remove any reference to a "national territory", and to state that a united Ireland should only come about with
2484-425: The Oireachtas", and "shall not be cognisable by any Court under any of the provisions of this Constitution" (preamble to Article 45). The "Directive Principles of Social Policy" feature little in contemporary parliamentary debates. However, no proposals have yet been made for their repeal or amendment. The principles require, in summary, that: The "Directive Principles" have influenced other constitutions. Notably,
2553-472: The Peerage of Ireland extant: two dukedoms, ten marquessates, 43 earldoms, 28 viscountcies, and 52 baronies. However, these titles have no official recognition in Ireland , with Article 40.2 of the Constitution of Ireland forbidding the state conferring titles of nobility and stating that an Irish citizen may not accept titles of nobility or honour except with the prior approval of the Irish government. In
2622-440: The President and Seanad — provision was made for their establishment within 180 days, and for the Oireachtas and Presidential Commission to function without them in the interim notwithstanding that they were otherwise essential. Judges were required to swear allegiance to the new Constitution to continue in office, but other continuing public servants were not. Article 51 allowed constitutional amendments without referendum during
2691-653: The United Kingdom of the same rank; but Irish peers created after 1801 yield to United Kingdom peers of earlier creation. Accordingly, the Duke of Abercorn (the junior duke in the Peerage of Ireland) ranks between the Duke of Sutherland and the Duke of Westminster (both dukes in the Peerage of the United Kingdom). When one of the Irish representative peers died, the Irish Peerage met to elect his replacement; but
2760-470: The city's founder, William Hobson . Several Auckland landmarks, including the hill and suburb Mount Eden and the sports ground Eden Park , are named directly or indirectly after the family. The heir presumptive is the present holder's first cousin, Henry Vane Eden (born 1958). The heir presumptive's heir apparent is his son, Oliver Eden (born 1990). Peerage of Ireland The Peerage of Ireland consists of those titles of nobility created by
2829-493: The consent of majorities in both the jurisdictions on the island of Ireland. The amended Articles also guarantee the people of Northern Ireland the right to be a "part of the Irish Nation", and to Irish citizenship. This change came into force in December 1999. The Constitution guarantees freedom of worship, and forbids the state from creating an established church. Article 44.1 as originally enacted explicitly "recognised"
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2898-506: The constitution in 1937. Firstly, the Statute of Westminster 1931 granted parliamentary autonomy to the six British Dominions (now known as Commonwealth realms ) within a British Commonwealth of Nations . This had the effect of making the dominions sovereign nations in their own right. The Irish Free State constitution of 1922 was, in the eyes of many, associated with the controversial Anglo-Irish Treaty . The anti-treaty faction, who opposed
2967-525: The constitution provided for a smooth takeover from the pre-existing institutions of the Free State to those established by the new constitution. Institutions would initially be assigned to their Free State analogues where available; this applied to the Dáil, courts, government, public service, Attorney General, Comptroller and Auditor General, Defence Forces and police. For constitutional innovations —
3036-483: The constitution's assertion of a territorial claim on Northern Ireland, and the absence in its text of any reference to the British Commonwealth. The London-based Daily Telegraph included in its criticism the special position assigned to the Church of Rome under the new constitution. The Sunday Times concluded it would only help to "perpetuate division" between Dublin and Belfast. The Irish Catholic concluded it
3105-467: The declaration made by the President, and the remaining text of Article 44.1, which reads: 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. A number of ideas found in the Constitution reflect the Catholic social teachings when the original text was drafted. Such teachings informed the provisions of
3174-508: The family's "imprescriptible rights, antecedent and superior to all positive law" has been interpreted by the Supreme Court as conferring upon spouses a broad right to privacy in marital affairs. In McGee v. The Attorney General (1974) the court invoked this right to strike down laws banning the sale of contraceptives. The court also issued a controversial interpretation of Article 40.3.3°, which before its replacement in 2018 prohibited abortion. In Attorney General v X (1992), commonly known as
3243-403: The famous "Indian Directive Principles of State Policy" contained in the Constitution of India are influenced by the Constitution of Ireland. Moreover, the previous Constitution of Nepal adopted in 1962 and in force for 28 years and commonly called Panchayat Constitution contained a verbatim translation of the "Directive Principles" of the Irish constitution. The transitory provisions of
3312-401: The final amended draft: "We do not approve, neither do we disapprove; We shall maintain silence." The quid pro quo for this indulgence of the Catholic Church's interests in Ireland was the degree of respectability which it conferred on De Valera's formerly denounced republican faction and its reputation as the 'semi-constitutional' political wing of the 'irregular' anti-treaty forces. During
3381-464: The following table of the Peerage of Ireland as it currently stands, each peer's highest titles in each of the other peerages (if any) are also listed. Irish peers possessed of titles in any of the other peerages (except Scotland, which only got the right to an automatic seat in 1963, with the Peerage Act 1963 ) had automatic seats in the House of Lords until 1999. The Earl of Darnley inherited
3450-532: The following table, each peer is listed only by his highest Irish title, showing higher or equal titles in the other peerages. Those peers who are known by a higher title in one of the other peerages are listed in italics . A modest number of titles in the peerage of Ireland date from the Middle Ages . Before 1801, Irish peers had the right to sit in the Irish House of Lords , on the abolition of which by
3519-712: The grantee (such as Clive of India ) to sit in the House of Commons in London. As a consequence, many late-made Irish peers had little or no connection to Ireland, and indeed the names of some Irish peerages refer to places in Great Britain (for example, the Earldom of Mexborough refers to a place in England and the Earldom of Ranfurly refers to a village in Scotland). Irish peerages continued to be created for almost
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#17327934289743588-638: The groups who opposed the constitution were supporters of Fine Gael and the Labour Party , Unionists , and some independents and feminists. The question put to voters was "Do you approve of the Draft Constitution which is the subject of this plebiscite?" . When the draft new constitution was published, the Irish Independent described it as one of de Valera's "finest tributes to his predecessors". The Irish Times criticised
3657-504: The information of voters, with a disclaimer that this did not constitute an "official" text. Any part of the Constitution may be amended, but only by referendum. The procedure for amendment of the Constitution is set out in Article 46. An amendment must first be passed by both Houses of the Oireachtas, then be submitted to a referendum, and then finally must be signed into law by the President. Amendments are sometimes proposed to address
3726-535: The institutions of government, and chose to do this in particular through the use of Irish language nomenclature. De Valera personally supervised the writing of the Constitution. It was drafted initially by John Hearne , legal adviser to the Department of External Affairs (now called the Department of Foreign Affairs). It was translated into Irish over a number of drafts by a group headed by Micheál Ó Gríobhtha (assisted by Risteárd Ó Foghludha), who worked in
3795-480: The laws of the Oireachtas and activities of the Government it finds to be unconstitutional. Under judicial review the quite broad meaning of certain articles has come to be explored and expanded upon since 1937. The Supreme Court ruled that Articles 2 and 3, before their alteration in 1999, did not impose a positive obligation upon the state that could be enforced in a court of law. The reference in Article 41 to
3864-497: The negotiation of the Act of Union; this ended in the first week of January 1801, but the restrictions of the Act were not applied to the last few peers. In the following decades, Irish peerages were created at least as often as the Act permitted until at least 1856. But the pace then slowed, with only four more being created in the rest of the 19th century, and none in the 20th and 21st centuries. The last two grants of Irish peerages were
3933-421: The office of the Registrar of the Supreme Court. Once enrolled, the new text becomes conclusive evidence of the Constitution, and supersedes earlier enrolled copies. The Constitution has been enrolled six times: in 1938, 1942, 1980, 1990, 1999, and 2019. The Constitution states that it is the highest law of the land and grants the Supreme Court of Ireland authority to interpret its provisions, and to strike down
4002-413: The office required to arrange this were abolished as part of the creation of the Irish Free State . The existing representative peers kept their seats in the House of Lords, but they have not been replaced. Since the death of Francis Needham, 4th Earl of Kilmorey in 1961, none remains. The right of the Irish Peerage to elect representatives was abolished by the Statute Law (Repeals) Act 1971 . Titles in
4071-518: The pre-1937 courts was not formally ended until the Courts (Establishment and Constitution) Act 1961, whose long title refers to "Article 58 of the Constitution". A journalist commented in 1958 that the courts' status was determined by "a non-existent provision of the Constitution". Further transitory provisions have been added by subsequent constitutional amendments, and similarly omitted from officially published texts. The Nineteenth (1998) added subsections 3°, 4° and 5° to Article 29.7 to facilitate
4140-427: The previous year). The draft constitution was then put to a plebiscite on 1 July 1937 (the same day as the 1937 general election ), when it was passed by a plurality . 56% of voters were in favour, comprising 38.6% of the whole electorate. The constitution came into force on 29 December 1937 and, to mark the occasion, the Minister for Posts and Telegraphs issued two commemorative stamps on that date. Among
4209-481: The private property classes'. The official text of the Constitution consists of a Preamble, numbered Articles arranged under headings, and a final dedication ( Irish : Dochum glóire Dé agus onóra na hÉireann "For the glory of God and the Honour of Ireland", from the Annals of the Four Masters ). Its overall length is approximately 16,000 words. Article 8 of the Constitution states: Interpretation of these provisions has been contentious. The Constitution itself
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#17327934289744278-439: The prominent Eden family. The first Baron was the third son of Sir Robert Eden, 3rd Baronet, of West Auckland. His younger brother was Morton Eden, 1st Baron Henley , while his elder brother was Sir Robert Eden, 1st Baronet, of Maryland . The latter was the great-great-grandfather of Prime Minister Anthony Eden, 1st Earl of Avon , and the great-great-great-grandfather of John Eden, Baron Eden of Winton . The present Baron Auckland
4347-401: The promotion of the Marquess of Abercorn (a peerage of Great Britain) to be Duke of Abercorn in the Irish Peerage when he became Lord-Lieutenant of Ireland in 1868 and the granting of the Curzon of Kedleston barony to George Curzon when he became Viceroy of India in 1898. Peers of Ireland have precedence below peers of England, Scotland, and Great Britain of the same rank, and above peers of
4416-441: The system established. A Constitution on the United States model might well suit the people better than the present one; but the Irish are too innately Conservative ever to bring about such a change except by gradual and almost imperceptible degrees." As adopted in 1937, Article 2 asserted that "the whole island of Ireland, its islands and the territorial seas" formed a single "national territory", while Article 3 asserted that
4485-479: The third Baron . He was Bishop of both Sodor and Man and Bath and Wells . The titles descended from father to son until the death of the sixth Baron in 1941. He was succeeded by his cousin, the seventh Baron. He was the son of George Eden, third son of the fourth Baron. He was succeeded by his younger brother, the eighth Baron. As of 2013, the titles are held by the latter's grandson, the tenth Baron, who succeeded his father in 1997. The Barons Auckland are members of
4554-406: The threat to national security posed as a consequence of World War II (although the state remained formally neutral throughout that conflict), and an emergency declared in 1976 to deal with the threat to the security of the state posed by the Provisional IRA . Article 45 outlines broad principles of social and economic policy. Its provisions are, however, intended solely "for the general guidance of
4623-516: The three years after the first President took office ( Douglas Hyde did so on 25 June 1938 ). This was to facilitate the Oireachtas fixing any defects or oversights that quickly became obvious. The President could still demand a referendum in some cases, but the First (1939) and Second (1941) amendments were enacted under Article 51 without referendum. The transitory provisions are mostly still in force but spent . They themselves mandate that they be omitted from all officially published texts of
4692-423: The treaty initially by force of arms, was so opposed to the institutions of the new Irish Free State that it initially took an abstentionist line toward them, boycotting them altogether. However, the largest element of this faction became convinced that abstentionism could not be maintained forever. This element, led by Éamon de Valera , formed the Fianna Fáil party in 1926, which entered into government following
4761-416: Was a "noble document in harmony with papal teachings". When the new constitution was enacted, the British government, according to The New York Times , "contented itself with a legalistic protest". Its protest took the form of a communiqué on 30 December 1937, in which the British stated: His Majesty's Government in the United Kingdom has considered the position created by the new Constitution ... of
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