Eleventh Amendment of the Constitution of Ireland
Encyclopedia
The Eleventh Amendment of the Constitution of Ireland
permitted the state to ratify the Maastricht Treaty
. It was effected by the Eleventh Amendment of the Constitution Act, 1992, which was approved by referendum
on 18 June 1992 and signed into law on the 16 July of the same year.
, Eighteenth
and Twenty-sixth
Amendments). These amendments were all adopted in response to the 1987 ruling of the Supreme Court, in the case of Crotty v. An Taoiseach
, that major changes to the treaties are unconstitutional unless accompanied by an amendment. However it has been a matter of scholarly dispute as to whether or not each of these treaties has been sufficiently far-reaching as to actually necessitate a referendum. The official name of the Maastricht
Treaty is the Treaty on European Union. While the changes shown above are those made to the English language version of the constitution, constitutionally it is the text that has precedence.
The Eleventh Amendment was introduced by a Fianna Fáil
–Progressive Democrats
coalition government but the only parties to oppose it were Democratic Left
and the Green Party
. Some pro-life
groups also opposed the treaty, arguing that it might lead to legalised abortion in the Republic. Voting in the referendum went 1,001,076 (69.1%) in favour and 448,655 (30.9%) against.
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...
permitted the state to ratify the Maastricht Treaty
Maastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
. It was effected by the Eleventh Amendment of the Constitution Act, 1992, which was approved by referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on 18 June 1992 and signed into law on the 16 July of the same year.
Changes to the text
- Deletion from Article 29.4.3 (removed text in bold and ruled):
- The State may become a member of the European Coal and Steel CommunityEuropean Coal and Steel CommunityThe European Coal and Steel Community was a six-nation international organisation serving to unify Western Europe during the Cold War and create the foundation for the modern-day developments of the European Union...
(established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic CommunityEuropean Economic CommunityThe European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
(established by Treaty signed at Rome on the 25th day of March, 1957) and the European Atomic Energy CommunityEuropean Atomic Energy CommunityThe European Atomic Energy Community is an international organisation which is legally distinct from the European Union , but has the same membership, and is governed by the EU's institutions....
(established by Treaty signed at Rome on the 25th day of March, 1957). The State may ratify the Single European ActSingle European ActThe Single European Act was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a Single Market by 31 December 1992, and codified European Political Cooperation, the forerunner of the European Union's Common Foreign and Security Policy...
(signed on behalf of the Member States of the Communities at Luxembourg on the 17th day of February, 1986, and at The Hague on the 28th day of February, 1986).No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities, or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State.
- Insertion of new Article 29.4.4:
- The State may ratify the Treaty on European Union signed at Maastricht on the 7th day of February, 1992, and may become a member of that Union.
- Insertion of new Article 29.4.5:
- No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of the European Union or of the Communities, or prevents laws enacted, acts done or measures adopted by the European Union or by the Communities or by institutions thereof, or by bodies competent under the Treaties establishing the Communities, from having the force of law in the State.
- Insertion of new Article 29.4.6:
- The State may ratify the Agreement relating to Community Patents drawn up between the Member States of the Communities and done at Luxembourg on the 15th day of December, 1989.
Overview
The Eleventh Amendment of the Constitution was one of a number of amendments that have been made to expressly permit the state to ratify changes to the founding treaties of the European Union (then known as the European Community) (others have been the TenthTenth Amendment of the Constitution of Ireland
The Tenth Amendment of the Constitution of Ireland permitted the state to ratify the Single European Act. It was effected by the Tenth Amendment of the Constitution Act, 1987, which was approved by referendum on 26 May 1987 and signed into law on the 22 June of the same year...
, Eighteenth
Eighteenth Amendment of the Constitution of Ireland
The Eighteenth Amendment of the Constitution of Ireland permitted the state to ratify the Amsterdam Treaty. It was effected by the Eighteenth Amendment of the Constitution Act, 1998, which was approved by referendum on 22 May 1998 and signed into law on the 3 June of the same year.-Changes to the...
and Twenty-sixth
Twenty-sixth Amendment of the Constitution of Ireland
The Twenty-sixth Amendment of the Constitution of Ireland permitted the state to ratify the Treaty of Nice. It was effected by the Twenty-sixth Amendment of the Constitution Act, 2002, which was approved by referendum on 19 October 2002 and signed into law on 7 November of the same year...
Amendments). These amendments were all adopted in response to the 1987 ruling of the Supreme Court, in the case of Crotty v. An Taoiseach
Crotty v. An Taoiseach
Crotty v. An Taoiseach was a legal action taken in 1987 in the High Court of Ireland and in the Supreme Court on appeal by Raymond Crotty, historian and economist against the Irish Government...
, that major changes to the treaties are unconstitutional unless accompanied by an amendment. However it has been a matter of scholarly dispute as to whether or not each of these treaties has been sufficiently far-reaching as to actually necessitate a referendum. The official name of the Maastricht
Maastricht
Maastricht is situated on both sides of the Meuse river in the south-eastern part of the Netherlands, on the Belgian border and near the German border...
Treaty is the Treaty on European Union. While the changes shown above are those made to the English language version of the constitution, constitutionally it is the text that has precedence.
The Eleventh Amendment was introduced by a 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...
–Progressive Democrats
Progressive Democrats
The Progressive Democrats , commonly known as the PDs, was a pro-free market liberal political party in the Republic of Ireland.Launched on 21 December 1985 by Desmond O'Malley and other politicians who had split from Fianna Fáil and Fine Gael, the Progressive Democrats took liberal positions on...
coalition government but the only parties to oppose it were Democratic Left
Democratic Left (Ireland)
Democratic Left was a democratic socialist political party active in Ireland between 1992 and 1999. It came into being after a split in the Workers' Party and, after just seven years in existence, it merged into the Irish Labour Party.-Origins:...
and the Green Party
Green Party (Ireland)
The Green Party is a green political party in Ireland. It was founded as the Ecology Party of Ireland in 1981 by Dublin teacher Christopher Fettes. The party became the Green Alliance in 1983 and in 1987 was renamed to its current title in English...
. Some pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
groups also opposed the treaty, arguing that it might lead to legalised abortion in the Republic. Voting in the referendum went 1,001,076 (69.1%) in favour and 448,655 (30.9%) against.
Result
See also
- Third Amendment of the Constitution of IrelandThird Amendment of the Constitution of IrelandThe Third Amendment of the Constitution of Ireland permitted the state to join the European Communities and provided that European law would take precedence over the constitution...
(Membership of the European Communities) - Politics of the Republic of IrelandPolitics of the Republic of IrelandIreland is a parliamentary, representative democratic republic and a member state of the European Union. While the head of state is the popularly elected President of Ireland, this is a largely ceremonial position with real political power being vested in the indirectly elected Taoiseach who is...
- History of the Republic of IrelandHistory of the Republic of IrelandThe Irish state originally came into being in 1922 as the Irish Free State, a dominion of the British Commonwealth, having seceded from the United Kingdom under the Anglo-Irish Treaty. It comprises of 26 of Ireland's 32 counties...
- Constitutional amendmentConstitutional amendmentA 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...
External links
- Eleventh Amendment of the Constitution Act, 1992 (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)