Seventh Amendment of the Constitution of Ireland
Encyclopedia
The Seventh Amendment of the Constitution of Ireland
provided that the procedure for the election of six members of the Senate
by university graduates could be altered by law. It was effected by the Seventh Amendment of the Constitution Act, 1979 which was approved by referendum on 5 July 1979 and signed into law on the 3 August of the same year.
, the Irish senate, be elected by the graduates of the National University of Ireland
and three by the graduates of the University of Dublin
(better known as Trinity College). With the amendment this requirement was changed to merely one that six senators be elected by the graduates of any institutions of higher education
in any manner that might be determined by law by the Oireachtas
(parliament). The amendment also ensured that the mere mention of the National University of Ireland and of the University of Dublin would not prevent either of these universities being dissolved in future. Furthermore, while the dissolution of the National University of Ireland was actively discussed in the 1970s with a view to legislation following the Seventh Amendment, this never came to pass. While the changes shown above are those made to the English language text of the constitution, constitutionally it is the Irish
text that has precedence.
Actually, as of 2007, three senators continue to be elected by graduates of the National University of Ireland and three by graduates of the University of Dublin; the Oireachtas has not passed any law to allow graduates of other higher-education institutions or universities elect members to the Seanad in accordance with the amendment.
The Seventh amendment was introduced by a Fianna Fáil
government. It was submitted to a referendum on the same day as the Sixth Amendment
, which dealt with the validity of certain child adoption orders, and was approved on a low turnout by 552,600 (92.4%) votes in favour to 45,484 (7.6%) 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...
provided that the procedure for the election of six members of the Senate
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
by university graduates could be altered by law. It was effected by the Seventh Amendment of the Constitution Act, 1979 which was approved by referendum on 5 July 1979 and signed into law on the 3 August of the same year.
Changes to the text
- Alterations to Article 18.4 (new text is in bold):
- 1. The elected members of Seanad Éireann shall be elected as follows:
-
- i. Three shall be elected by the National University of Ireland.
- ii. Three shall be elected by the University of Dublin.
- iii. Forty-three shall be elected from panels of candidates constituted as hereinafter provided.
- 2. Provision may be made by law for the election, on a franchise and in the manner to be provided by law, by one or more of the following institutions, namely:
-
- i. the universities mentioned in subsection 1 of this section,
- ii. any other institutions of higher education in the State, of so many members of Seanad Éireann as may be fixed by law in substitution for an equal number of the members to be elected pursuant to paragraphs i and ii of the said subsection 1.
- A member or members of Seanad Éireann may be elected under this subsection by institutions grouped together or by a single institution.
- 3. Nothing in this Article shall be invoked to prohibit the dissolution by law of a university mentioned in subsection 1 of this section.
Overview
Prior to the Seventh Amendment it was a constitutional requirement that three members of Seanad ÉireannSeanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
, the Irish senate, be elected by the graduates of the National University of Ireland
National University of Ireland
The National University of Ireland , , is a federal university system of constituent universities, previously called constituent colleges, and recognised colleges set up under the Irish Universities Act, 1908, and significantly amended by the Universities Act, 1997.The constituent universities are...
and three by the graduates of the University of Dublin
University of Dublin
The University of Dublin , corporately designated the Chancellor, Doctors and Masters of the University of Dublin , located in Dublin, Ireland, was effectively founded when in 1592 Queen Elizabeth I issued a charter for Trinity College, Dublin, as "the mother of a university" – this date making it...
(better known as Trinity College). With the amendment this requirement was changed to merely one that six senators be elected by the graduates of any institutions of higher education
Higher education
Higher, post-secondary, tertiary, or third level education refers to the stage of learning that occurs at universities, academies, colleges, seminaries, and institutes of technology...
in any manner that might be determined by law by 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). The amendment also ensured that the mere mention of the National University of Ireland and of the University of Dublin would not prevent either of these universities being dissolved in future. Furthermore, while the dissolution of the National University of Ireland was actively discussed in the 1970s with a view to legislation following the Seventh Amendment, this never came to pass. While the changes shown above are those made to the English language text of the constitution, constitutionally it is the Irish
Irish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...
text that has precedence.
Actually, as of 2007, three senators continue to be elected by graduates of the National University of Ireland and three by graduates of the University of Dublin; the Oireachtas has not passed any law to allow graduates of other higher-education institutions or universities elect members to the Seanad in accordance with the amendment.
The Seventh 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...
government. It was submitted to a referendum on the same day as the Sixth Amendment
Sixth Amendment of the Constitution of Ireland
The Sixth Amendment of the Constitution of Ireland ensured that certain adoption orders would not be found to be unconstitutional because they had not been made by a court...
, which dealt with the validity of certain child adoption orders, and was approved on a low turnout by 552,600 (92.4%) votes in favour to 45,484 (7.6%) against.
Result
See also
- 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...
- University constituencies
- Irish constitutional referendum, 1979Irish constitutional referendum, 1979Two referendums were held together in Ireland on 5 July 1979, each on a proposed amendment of the Irish constitution. Both proposals were approved by voters.-Sixth Amendment:...
External links
- Seventh Amendment of the Constitution Act, 1979 (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)