First Amendment of the Constitution of Ireland
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The First Amendment of Bunreacht na hÉireann, the constitution of the state known today as the Republic of Ireland, was effected by the First Amendment of the Constitution Act, 1939, signed into law on 2nd September, 1939. Its purpose was to extend the constitutional definition of "time of war" to include a period during which a war is occurring in which the state is not a direct participant. Its intention was to allow the government to exercise emergency powers during World War II, despite the fact that the state was neutral. The amendment means that today the state may exercise these powers provided the Oireachtas (parliament) declares a "national emergency".
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Changes to the text
Addition to Article 28.3.3 (added text in bold)
- Nothing in this Constitution shall be invoked to invalidate any law enacted by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law. In this sub-section 'time of war' includes a time when there is taking place an armed conflict in which the State is not a participant but in respect of which each of the Houses of the Oireachtas shall have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State and 'time of war or armed rebellion' includes such time after the termination of any war, or of any such armed conflict as aforesaid, or of an armed rebellion, as may elapse until each of the Houses of the Oireachtas shall have resolved that the national emergency occasioned by such war, armed conflict, or armed rebellion has ceased to exist.
Background
Article 28 of the Constitution of Ireland grants the state sweeping powers during a time of emergency but, in the form in which the article was adopted in 1937, these could only be invoked during a "time of war or armed rebellion". The First Amendment served to clarify that "time of war" need not mean a war in which the state is actually taking part.
The amendment was introduced by the Fianna Fáil government of Eamon De Valera. Unlike later amendments the First and Second Amendments were not submitted to a referendum because, under the terms of the constitution's Transitory Provisions, during the initial period of 1937-1941 constitutional amendments could be effected by a simple act of the Oireachtas. It should be noted that, although this article shows the changes made to the English language version of the constitution, constitutionally it is the Irish text that takes precedence.
See also
- Politics of the Republic of Ireland
- History of the Republic of Ireland
- Constitutional amendment
- The Emergency
External links
- First Amendment of the Constitution Act, 1939 (http://www.ucc.ie/law/irlii/statutes/1939-1A.htm) (at Irish Legal Information Initiative (http://www.ucc.ie/law/irlii/index.php))
- The Unabridged Constitution of Ireland (http://www.johnpghall.pwp.blueyonder.co.uk/) (unofficial variorum edition)