Tenth Amendment of the Constitution of Ireland
Encyclopedia
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. It is not to be confused with the failed Tenth Amendment Bill of 1986, which was rejected by voters.
(others have been the Eleventh
, Eighteenth
and Twenty-sixth
Amendments). The Tenth Amendment was adopted in response to the ruling of the Supreme Court, in the case of Crotty v. An Taoiseach
of the same year, that the constitution, as it stood, did not permit the state to ratify the Single European Act. This was because the Act entailed a diminution of the power of the Government
(cabinet) to conduct the nation's foreign policy, a power the constitution explicitly granted to the Government. While the change shown above is that made to the English language version of the constitution, constitutionally it is the Irish
text that takes precedence.
The Tenth Amendment was introduced by the Fianna Fáil
government of Charles Haughey
and was also supported by Fine Gael
, the Progressive Democrats
and employers' and farmers' organisations. It was opposed by most members of the Labour Party
and the Workers' Party
. Voting in the referendum went 755,423 (69.9%) in favour and 324,977 (30.1%) 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 Single European Act
Single European Act
The 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...
. It was effected by the Tenth Amendment of the Constitution Act, 1987, 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 26 May 1987 and signed into law on the 22 June of the same year. It is not to be confused with the failed Tenth Amendment Bill of 1986, which was rejected by voters.
Changes to the text
- Addition to Article 29.4.3 (added text in bold):
- The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March, 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 1957). The State may ratify the Single European Act (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.
Overview
The Tenth Amendment of the Constitution was the first of a number of amendments that have been made to expressly permit the Irish state to ratify changes to the founding treaties of the European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(others have been the Eleventh
Eleventh Amendment of the Constitution of Ireland
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.-Changes to the...
, 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). The Tenth Amendment was adopted in response to the 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...
of the same year, that the constitution, as it stood, did not permit the state to ratify the Single European Act. This was because the Act entailed a diminution of the power of the Government
Irish Government
The Government of Ireland is the cabinet that exercises executive authority in Ireland.-Members of the Government:Membership of the Government is regulated fundamentally by the Constitution of Ireland. The Government is headed by a prime minister called the Taoiseach...
(cabinet) to conduct the nation's foreign policy, a power the constitution explicitly granted to the Government. While the change shown above is that made to the English language version 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 takes precedence.
The Tenth 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 Charles Haughey
Charles Haughey
Charles James "Charlie" Haughey was Taoiseach of Ireland, serving three terms in office . He was also the fourth leader of Fianna Fáil...
and was also supported by Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
, the 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...
and employers' and farmers' organisations. It was opposed by most members of the Labour Party
Labour Party (Ireland)
The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish...
and the Workers' Party
Workers' Party of Ireland
The Workers' Party is a left-wing republican political party in Ireland. Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970 after a split within the party, adopting its current name in 1982....
. Voting in the referendum went 755,423 (69.9%) in favour and 324,977 (30.1%) 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
- Tenth Amendment of the Constitution Act, 1987 (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)