Twenty-sixth Amendment of the Constitution of Ireland
Encyclopedia
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 (sometimes known as the Nice II referendum) and signed into law on 7 November of the same year. The amendment followed a previous failed attempt to approve the Nice Treaty which was rejected in the Nice I referendum held in 2001.
(EU). The previous attempt to approve the treaty was the Twenty-fourth Amendment Bill, which was rejected by voters in 2001. One of the arguments made against the Treaty of Nice in 2001 was that it might compromise the Republic's traditional neutrality
. For this reason as well as permitting the state to ratify the Treaty of Nice, the Twenty-sixth Amendment added to the constitution a new provision, Article 29.4.9, guaranteeing that the state would not enter an EU mutual defence pact. The Twenty-sixth Amendment was introduced by the Fianna Fáil
–Progressive Democrats
coalition government of Bertie Ahern
and was also supported by Fine Gael
and the Labour Party
(the two major opposition parties). However it was opposed by a number of other groups, including Sinn Féin
, the Green Party
and the Socialist Party
. Voting in the referendum went 62.9% in favour and 37.1% against. The turnout was 49.5%, compared to the 34.8% turnout in the 2001 referendum
The Twenty-sixth 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
(others have been the Tenth
, Eleventh
and Eighteenth
Amendments). These amendments have all been 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 every one of these treaties has been sufficiently far-reaching as to actually necessitate a constitutional amendment. The Treaty of Nice contained a number of optional discretionary provisions that member-states could activate at a later time after its adoption. The Twenty-sixth Amendment permitted the Republic to choose to exercise these options, provided its decision was approved by the Oireachtas
(parliament).
While the changes shown above are those made to the English language version of the constitution, constitutionally it is the Irish
text that has precedence. The Twenty-sixth Amendment followed directly after the Twenty-third Amendment. This is because, for technical reasons, officially there are no Twenty-fourth or Twenty-fifth Amendments.
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 Treaty of Nice
Treaty of Nice
The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty and the Treaty of Rome...
. It was effected by the Twenty-sixth Amendment of the Constitution Act, 2002, 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 19 October 2002 (sometimes known as the Nice II referendum) and signed into law on 7 November of the same year. The amendment followed a previous failed attempt to approve the Nice Treaty which was rejected in the Nice I referendum held in 2001.
Changes to the text
- Insertion of new Article 29.4.7:
- The State may ratify the Treaty of Nice amending the Treaty on European UnionEuropean UnionThe 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...
, the Treaties establishing the European Communities and certain related Acts signed at Nice on the 26th day of February, 2001.
- Insertion of new Article 29.4.8:
- The State may exercise the options or discretions provided by or under Articles 1.6, 1.9, 1.11, 1.12, 1.13 and 2.1 of the Treaty referred to in subsection 7 of this section but any such exercise shall be subject to the prior approval of both Houses of the OireachtasOireachtasThe 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...
.
- Insertion of new Article 29.4.9:
- The State shall not adopt a decision taken by the European CouncilEuropean CouncilThe European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
to establish a common defence pursuant to Article 1.2 of the Treaty referred to in subsection 7 of this section where that common defence would include the State.
- (Existing subsections 7 and 8 of Article 29.4 retained but renumbered as 10 and 11 respectively)
Overview
The Twenty-sixth Amendment was the second attempt of the Irish government to have the Treaty of Nice approved in a referendum. The purpose of the treaty was to amend 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...
(EU). The previous attempt to approve the treaty was the Twenty-fourth Amendment Bill, which was rejected by voters in 2001. One of the arguments made against the Treaty of Nice in 2001 was that it might compromise the Republic's traditional neutrality
Neutral country
A neutral power in a particular war is a sovereign state which declares itself to be neutral towards the belligerents. A non-belligerent state does not need to be neutral. The rights and duties of a neutral power are defined in Sections 5 and 13 of the Hague Convention of 1907...
. For this reason as well as permitting the state to ratify the Treaty of Nice, the Twenty-sixth Amendment added to the constitution a new provision, Article 29.4.9, guaranteeing that the state would not enter an EU mutual defence pact. The Twenty-sixth 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...
–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 of Bertie Ahern
Bertie Ahern
Patrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008....
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...
and 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...
(the two major opposition parties). However it was opposed by a number of other groups, including Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
, 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...
and the Socialist Party
Socialist Party (Ireland)
The Socialist Party is a socialist political party active in Ireland. It is a member of the Committee for a Workers' International .Formerly known as Militant Tendency, then Militant Labour, it adopted the name The Socialist Party in 1996. From their foundation in 1972 until the 1980s, members of...
. Voting in the referendum went 62.9% in favour and 37.1% against. The turnout was 49.5%, compared to the 34.8% turnout in the 2001 referendum
The Twenty-sixth 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
European 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 Tenth
Tenth 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...
, 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...
and 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...
Amendments). These amendments have all been 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 every one of these treaties has been sufficiently far-reaching as to actually necessitate a constitutional amendment. The Treaty of Nice contained a number of optional discretionary provisions that member-states could activate at a later time after its adoption. The Twenty-sixth Amendment permitted the Republic to choose to exercise these options, provided its decision was approved 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).
While the changes shown above are those 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 Twenty-sixth Amendment followed directly after the Twenty-third Amendment. This is because, for technical reasons, officially there are no Twenty-fourth or Twenty-fifth Amendments.
Result
See also
- Seville Declarations on the Treaty of Nice
- 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
- Twenty-sixth Amendment of the Constitution Act, 2002 (Full text from IrishStatuteBook.ie)
- Twenty-sixth Amendment of the Constitution Bill, 2002 Oireachtas record of all stages
- Full text of the Constitution of Ireland (Accurate up to and including the Twenty-seventh Amendment from Department of the Taoiseach)