Third Amendment of the Constitution of Ireland
Encyclopedia
The 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. It was effected by the Third Amendment of the Constitution Act, 1972 which was approved by referendum
on 10 May 1972 and signed into law on 8 June of the same year.
(parliament) and the Government
. It was also possible that many provisions of the constitution might be found to be incompatible with European law. For these reasons the Third Amendment introduced a provision expressly permitting the state to join the Communities and stating in broad terms that European law has supremacy over the constitution. Although the amendment shown above is that made to the English language version of the constitution, constitutionally it is the Irish
text that has precedence.
The Third Amendment was the first to be successfully approved by Irish voters in a referendum. It was introduced by the Fianna Fáil
government of Jack Lynch
but also supported by Fine Gael
, the main opposition party, and by employers' and farmers' interest groups. However it was opposed by the Labour Party
and Official Sinn Féin
and the trade unions. The voting went 1,041,890 (83.1%) in favour and 211,891 (16.9%) against.
As Ireland had no nuclear power
programme, nor any important coal and steel industries, membership of the Communities primarily concerned the European Economic Community.
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 join the European Communities
European Communities
The European Communities were three international organisations that were governed by the same set of institutions...
and provided that European law would take precedence over the constitution. It was effected by the Third Amendment of the Constitution Act, 1972 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 10 May 1972 and signed into law on 8 June of the same year.
Changes to the text
- Insertion of new Article 29.4.3:
- 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). 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
Membership of the European Communities granted powers to European institutions which the 1937 constitution had vested exclusively in the OireachtasOireachtas
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) and the Government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
. It was also possible that many provisions of the constitution might be found to be incompatible with European law. For these reasons the Third Amendment introduced a provision expressly permitting the state to join the Communities and stating in broad terms that European law has supremacy over the constitution. Although the amendment 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 has precedence.
The Third Amendment was the first to be successfully approved by Irish voters in a referendum. It 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 Jack Lynch
Jack Lynch
John Mary "Jack" Lynch was the Taoiseach of Ireland, serving two terms in office; from 1966 to 1973 and 1977 to 1979....
but 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 main opposition party, and by employers' and farmers' interest groups. However it was opposed by 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 Official Sinn Féin
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....
and the trade unions. The voting went 1,041,890 (83.1%) in favour and 211,891 (16.9%) against.
As Ireland had no nuclear power
Nuclear power
Nuclear power is the use of sustained nuclear fission to generate heat and electricity. Nuclear power plants provide about 6% of the world's energy and 13–14% of the world's electricity, with the U.S., France, and Japan together accounting for about 50% of nuclear generated electricity...
programme, nor any important coal and steel industries, membership of the Communities primarily concerned the European Economic Community.
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...
External links
- Third Amendment of the Constitution Act, 1972 (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)