First Amendment of the Constitution of Ireland
Encyclopedia
The First Amendment of the Constitution of Ireland
was effected by the First Amendment of the Constitution Act, 1939, and signed into law on 2 September 1939. Its purpose was to extend the constitutional definition
of "time of war" to include a period during which a war is occurring in which the state is not a direct participant. Its intention was to allow the government to exercise emergency powers during World War II
(known in Ireland as The Emergency), despite the fact that the state was neutral. The amendment means that the state may exercise these powers provided the Oireachtas
(parliament) declares a "national emergency".
The amendment was introduced by the Fianna Fáil
government of Éamon de Valera
. Unlike later amendments the First and Second Amendments were not submitted to a referendum because, under the terms of the constitution's Transitory Provisions, during the initial period of 1937–1941 constitutional amendments could be effected by a simple act of the Oireachtas.
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
was effected by the First Amendment of the Constitution Act, 1939, and signed into law on 2 September 1939. Its purpose was to extend the constitutional definition
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
of "time of war" to include a period during which a war is occurring in which the state is not a direct participant. Its intention was to allow the government to exercise emergency powers during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
(known in Ireland as The Emergency), despite the fact that the state was neutral. The amendment means that the state may exercise these powers provided the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
(parliament) declares a "national emergency".
Changes to the text
- Addition to Article 28.3.3 (added text in bold)
- Nothing in this Constitution 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.
Background
Article 28 of the Constitution grants the state sweeping powers during a time of emergency but, in the form in which the article was adopted in 1937, these could only be invoked during a "time of war or armed rebellion". The First Amendment served to clarify that "time of war" need not mean a war in which the state is actually taking part.The amendment was introduced by the Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
government of Éamon de Valera
Éamon de Valera
Éamon de Valera was one of the dominant political figures in twentieth century Ireland, serving as head of government of the Irish Free State and head of government and head of state of Ireland...
. Unlike later amendments the First and Second Amendments were not submitted to a referendum because, under the terms of the constitution's Transitory Provisions, during the initial period of 1937–1941 constitutional amendments could be effected by a simple act of the Oireachtas.
External links
- First Amendment of the Constitution Act, 1939 (Full text at IrishStatuteBook.ie)
- Full text of the Constitution of Ireland (Accurate up to and including the Twenty-seventh Amendment from Department of the Taoiseach)
- The Unabridged Constitution of Ireland (Unofficial variorum edition – accurate only up to Twentieth Amendment)