The Irish Constitution

The first and most important thing to learn about, when learning ones rights and responsibilities as an Irish Citizen, is to familiarize yourself with the most important document in Ireland’s history: Bunreacht Na hÉireann (The Constitution Of Ireland). A study of the Irish Constitution can be found below, and a brief history of the Irish Constitution follows.

Side By Side Comparison of Texts

A Study of the Irish Consitution

DeValera’s Constitution

A Brief History of the Irish Constitution

Bunreacht na HeireannIt is from this document that every single right and responsibility you have as an Irish Citizen stems. No law can be passed in The Republic of Ireland that conflicts with this document, and no changes can be made to it without a Referendum.

In a plebiscite held on 1 July 1937 the people enacted a new Irish Constitution, Bunreacht na hÉireann, to replace the 1922 Constitution of the Irish Free State.

Even though the 1922 Irish Constitution had been approved by Dáil Éireann, there continued to exist throughout the country a substantial body of opposition to it owing to its being circumscribed by the terms of the Treaty, its recognition of the British monarch as part of the national legislature and its requirement that members of the Oireachtas swear an oath of faithfulness to that monarch.

Much of the case for a new Constitution was the need to make perfectly clear that the source of authority in Ireland and of the fundamental law of the state is the people of Ireland. Hence the Preamble to Bunreacht na hÉireann says: ‘We, the people of Éire,…do hereby adopt, enact, and give to ourselves this Constitution’. There was a desire to give the state all the characteristics of a republic (and so all references to the British monarch were removed).

There also seemed to be a desire to strengthen or entrench the rights of the citizen as against the state. It had been possible to amend the Constitution of the Irish Free State by a simple Act of the Oireachtas without recourse to the people in a referendum.

The proposal to adopt Bunreacht na hÉireann was carried by 685,105 votes in favour to 526,945 votes against, a majority of 158,160.

Source: Constitution.ie

Constitution Halts Sheriff

Ben Gilroy’s halting of a Sheriff using only the Constitution of Ireland has become a viral video over night. With reported viewings as far a field as Irishtown in New York, USA.

In this video the Sheriff is greeted at the gate of this dwelling by a crowd of people with the best interests of the family in mind. Ben immediately asked the Gardai were they there under their oath. This was to immediately remove any doubt that they Gardai were there on that day performing for a private entity, and not performing the job the Irish taxpayer pays them for, protecting the peace. It is readily apparent in the video that the Gardai in question does not understand the question, having made his oath under the constitution of Ireland, upon taking on the role. More after the video.

Sheriff Halted By Constitution

Another important point about this video, that may not be readily apparent, is that the man Ben is talking to, seems to be perfectly aware of the unlawfulness of his role. He immediately attempts to claim that he is in fact the Sheriff. This seems to be done in an attempt to hide the fraudulent nature of the transaction as described by Ben, where in the county registrar is also the Sheriff. In effect, this allows the man in question to order the eviction of a family from their home, and then directly profit from that eviction. This, as Ben happily points out to the so-called Sheriff, is totally unlawful as it breaks laws regarding separation of power.

On a more light-hearted note. Note how when Ben is questioning the so-called Sheriff on his role, and continually mentions the Constitution, the so-called Sheriff exclaims “I’m nothing to do with the Constitution”. The Gardai immediately look as though they would rather be anywhere else in the world but at that gate. As Ben says himself, the man arrived a bit late to execute the order, as his jurisdictional ended in 1922. His GPS must have led him to the wrong Island!

We have since posted a follow-up video of what happened next.