| Article 12
1. There shall be a President of Ireland (Uachtarán na
hÉireann), hereinafter called the President, who shall take precedence over all
other persons in the State and who shall exercise and perform the powers and
functions conferred on the President by this Constitution and by law.
2. 1° The President shall be elected by direct vote of
2° Every citizen who has the right to vote at an election for members
of Dáil Éireann shall have the right to vote at an election for President.
3° The voting shall be by secret ballot and on the system of
proportional representation by means of the single transferable vote.
3. 1° The President shall hold office for seven years
from the date upon which he enters upon his office, unless before the
expiration of that period he dies, or resigns, or is removed from office, or
becomes permanently incapacitated, such incapacity being established to the satisfaction
of the Supreme Court consisting of not less than five judges.
2° A person who holds, or who has held, office as President, shall be
eligible for re-election to that office once, but only once.
3° An election for the office of President shall be held not later
than, and not earlier than the sixtieth day before, the date of the expiration
of the term of office of every President, but in the event of the removal from
office of the President or of his death, resignation, or permanent incapacity
established as aforesaid (whether occurring before or after he enters upon his
office), an election for the office of President shall be held within sixty
days after such event.
4. 1° Every citizen who has reached his thirty-fifth
year of age is eligible for election to the office of President.
2° Every candidate for election, not a former or retiring President,
must be nominated either by:
not less than twenty
persons, each of whom is at the time a member of one of the Houses of the
by the Councils of
not less than four administrative Counties (including County Boroughs) as
defined by law.
3° No person and no such Council shall be entitled to subscribe to the
nomination of more than one candidate in respect of the same election.
4° Former or retiring Presidents may become candidates on their own
5° Where only one candidate is nominated for the office of President
it shall not be necessary to proceed to a ballot for his election.
5. Subject to the provisions of this Article,
elections for the office of President shall be regulated by law.
6. 1° The President shall not be a member of either
House of the Oireachtas.
2° If a member of either House of the Oireachtas be elected President,
he shall be deemed to have vacated his seat in that House.
3° The President shall not hold any other office or position of
7. The first President shall enter upon his office as
soon as may be after his election, and every subsequent President shall enter
upon his office on the day following the expiration of the term of office of
his predecessor or as soon as may be thereafter or, in the event of his
predecessor’s removal from office, death, resignation, or permanent incapacity
established as provided by section 3 hereof, as soon as may be after the
8. The President shall enter upon his office by taking
and subscribing publicly, in the presence of members of both Houses of the
Oireachtas, of Judges of the Supreme Court and of the High Court, and other
public personages, the following declaration:
"In the presence of Almighty God I ,do solemnly and
sincerely promise and declare that I will maintain the Constitution of Ireland
and uphold its laws, that I will fulfil my duties faithfully and
conscientiously in accordance with the Constitution and the law, and that I
will dedicate my abilities to the service and welfare of the people of Ireland.
May God direct and sustain me."
9. The President shall not leave the State during his
term of office save with the consent of the Government.
1° The President may be impeached for stated misbehaviour.
2° The charge shall be preferred by either of the Houses of the
Oireachtas, subject to and in accordance with the provisions of this section.
3° A proposal to either House of the Oireachtas to prefer a charge
against the President under this section shall not be entertained unless upon a
notice of motion in writing signed by not less than thirty members of that
4° No such proposal shall be adopted by either of the Houses of the
Oireachtas save upon a resolution of that House supported by not less than
two-thirds of the total membership thereof.
5° When a charge has been preferred by either House of the Oireachtas,
the other House shall investigate the charge, or cause the charge to be
6° The President shall have the right to appear and to be represented
at the investigation of the charge.
7° If, as a result of the investigation, a resolution be passed
supported by not less than two-thirds of the total membership of the House of
the Oireachtas by which the charge was investigated, or caused to be
investigated, declaring that the charge preferred against the President has
been sustained and that the misbehaviour, the subject of the charge, was such
as to render him unfit to continue in office, such resolution shall operate to
remove the President from his office.
1° The President shall have an official residence in or near the City of
2° The President shall receive such emoluments and allowances as may
be determined by law.
3° The emoluments and allowances of the President shall not be
diminished during his term of office.
| Article 13
1. 1° The President shall, on the nomination of Dáil
Éireann, appoint the Taoiseach, that is, the head of the Government or Prime
2° The President shall, on the nomination of the Taoiseach with the
previous approval of Dáil Éireann, appoint the other members of the Government.
3° The President shall, on the advice of the Taoiseach, accept the
resignation or terminate the appointment of any member of the Government.
2. 1° Dáil Éireann shall be summoned and dissolved by
the President on the advice of the Taoiseach.
2° The President may in his absolute discretion refuse to dissolve
Dáil Éireann on the advice of a Taoiseach who has ceased to retain the support
of a majority in Dáil Éireann.
3° The President may at any time, after consultation with the Council
of State, convene a meeting of either or both of the Houses of the Oireachtas.
3. 1° Every Bill passed or deemed to have been passed
by both Houses of the Oireachtas shall require the signature of the President
for its enactment into law.
2° The President shall promulgate every law made by the Oireachtas.
4. The supreme command of the Defence Forces is hereby
vested in the President.
5. 1° The exercise of the supreme command of the
Defence Forces shall be regulated by law.
2° All commissioned officers of the Defence Forces shall hold their
commissions from the President.
6. The right of pardon and the power to commute or
remit punishment imposed by any court exercising criminal jurisdiction are
hereby vested in the President, but such power of commutation or remission may
also be conferred by law on other authorities.
7. 1° The President may, after consultation with the
Council of State, communicate with the Houses of the Oireachtas by message or
address on any matter of national or public importance.
2° The President may, after consultation with the Council of State,
address a message to the Nation at any time on any such matter.
3° Every such message or address must, however, have received the
approval of the Government.
8. 1° The President shall not be answerable to either
House of the Oireachtas or to any court for the exercise and performance of the
powers and functions of his office or for any act done or purporting to be done
by him in the exercise and performance of these powers and functions.
behaviour of the President may, however, be brought under review in either of
the Houses of the Oireachtas for the purposes of section 10 of Article 12 of
this Constitution, or by any court, tribunal or body appointed or designated by
either of the Houses of the Oireachtas for the investigation of a charge under
section 10 of the said Article.
9. The powers and functions conferred on the President
by this Constitution shall be exercisable and performable by him only on the
advice of the Government, save where it is provided by this Constitution that
he shall act in his absolute discretion or after consultation with or in
relation to the Council of State, or on the advice or nomination of, or on
receipt of any other communication from, any other person or body.
Subject to this
Constitution, additional powers and functions may be conferred on the President
No power or function
conferred on the President by law shall be exercisable or performable by him
save only on the advice of the Government.
| Article 14
1. In the event of the absence of the President, or
his temporary incapacity, or his permanent incapacity established as provided
by section 3 of Article 12 hereof, or in the event of his death, resignation,
removal from office, or failure to exercise and perform the powers and
functions of his office or any of them, or at any time at which the office of President
may be vacant, the powers and functions conferred on the President by or under
this Constitution shall be exercised and performed by a Commission constituted
as provided in section 2 of this Article.
2. 1° The Commission shall consist of the following
persons, namely, the Chief Justice, the Chairman of Dáil Éireann (An Ceann
Comhairle), and the Chairman of Seanad Éireann.
2° The President of the High Court shall act as a member of the
Commission in the place of the Chief Justice on any occasion on which the
office of Chief Justice is vacant or on which the Chief Justice is unable to
3° The Deputy Chairman of Dáil Éireann shall act as a member of the
Commission in the place of the Chairman of Dáil Éireann on any occasion on
which the office of Chairman of Dáil Éireann is vacant or on which the said
Chairman is unable to act.
4° The Deputy Chairman of Seanad Éireann shall act as a member of the
Commission in the place of the Chairman of Seanad Éireann on any occasion on
which the office of Chairman of Seanad Éireann is vacant or on which the said
Chairman is unable to act.
3. The Commission may act by any two of their number
and may act notwithstanding a vacancy in their membership.
4. The Council of State may by a majority of its
members make such provision as to them may seem meet for the exercise and
performance of the powers and functions conferred on the President by or under
this Constitution in any contingency which is not provided for by the foregoing
provisions of this Article.
5. 1° The provisions of this Constitution which relate
to the exercise and performance by the President of the powers and functions
conferred on him by or under this Constitution shall subject to the subsequent
provisions of this section apply to the exercise and performance of the said
powers and functions under this Article.
2° In the event
of the failure of the President to exercise or perform any power or function
which the President is by or under this Constitution required to exercise or
perform within a specified time, the said power or function shall be exercised
or performed under this Article, as soon as may be after the expiration of the
time so specified.
Constitution of Ireland
| National Parliament
| Constitution and Powers
| Dail Eireann
| Seanad Eireann
| Local Government
| International Relations
| Attorney General
| Council of State
| Comptroller and Auditor General
| Trial Of Offences
| Fundamental Rights
| Personal Rights
| Private Property
| Directive Principles of Social Policy
| Amendment of the Constitution
| Repeal of Constitution of Saorstat
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