Guide to Foreign and International Legal Citations - New York ...

IRELAND
Éire (Republic of Ireland)
I. COUNTRY PROFILE (Common Law)
Ireland is a parliamentary, democratic republic. The official languages of Ireland are
Irish and English; legislation appears in both languages. The modern Irish state was established
in 1937. Ireland was formally declared a republic in 1948. The Irish legal system is based on
the common law tradition.
The Irish Constitution (Bunreacht na Éireann), enacted in 1937, is Ireland’s fundamental
legal document. The Constitution describes the main institutions of the state and establishes the
legislative, executive and judicial branches of government. It also recognizes and declares
certain fundamental personal rights.
Legislative power is vested in the National Parliament (Oireachtas). Parliament consists
of the President and two houses (Houses of the Oireachtas): the Senate (the Seanad Eireann) and
the House of Representatives (the Dáil Eireann). The President is directly elected by the people
to a seven-year term and may not serve more than two terms. The President is the head of state,
but this is a largely ceremonial role and does not entail executive authority. All legislation
passed by Parliament, however, must be presented to the President for final approval. The
President may refer legislation to the Supreme Court if a question of constitutionality arises. The
President also dissolves the Parliament on the Prime Minister’s (Taoiseach’s) advice, although
this power is discretionary if the Prime Minister has ceased to retain a majority of Parliament.
The sixty members of the Senate are either nominated or elected as follows: eleven
members are nominated by the Prime Minister, six members are elected by the national
universities, and forty-three members are elected from panels of candidates established on a
vocational basis. The 166 members of the House of Representatives are directly elected by the
people to a maximum term of five years under a complex system of proportional representation.
Primary legislation is passed through Acts of the Parliament, and subordinate legislation
is made by Government Ministers under powers conferred on them by Acts. The vast majority
of legislation is formulated in this House. Bills to amend the Constitution and financial
legislation can only be initiated in the House of Representatives. The Senate does have the
power to delay legislative proposals and is allowed ninety days to consider and amend bills sent
to it by the House of Representatives. The Senate, however, may only make recommendations
as to financial legislation, and this must be done within twenty-one days (as opposed to the
normal ninety).
Executive power is vested in the Government. The Government consists of the Prime
Minister and at least six, but not more than fourteen, cabinet ministers who meet and act as a
collective authority. Formally, the Prime Minister and cabinet ministers are appointed by the
President, with the approval of or on the nomination of the House of Representatives.
Effectively, the Prime Minister is elected by the political party, or coalition of parties, which
holds a majority of the seats in the House of Representatives. Cabinet of ministers are
nominated by the Prime Minister and approved by the House of Representatives. In addition to
exercising executive authority, the Government acts in an administrative and legislative role.
The Government is also responsible for managing public finances, and only the Government may
introduce financial legislation in the House of Representatives. If the Prime Minister loses the
87