The Constitution of Ireland and the Rights of Natural Persons



The Constitution of Ireland emphasizes the rights and protections granted to natural persons, covering both people and humans. This focus is evident throughout the document, which explicitly outlines the entitlements and protections for individuals born in Ireland or those qualifying for citizenship by law. Here’s an outline of how the Constitution addresses natural persons and excludes non-natural entities:

Preamble

The preamble underscores the dedication to the well-being of the people of Éire, highlighting the intention to prioritize human rights and freedoms.

The Nation and Citizenship (Articles 1-3)

  • Article 1: Asserts the sovereign right of the Irish nation, emphasizing the collective rights of its people.
  • Article 2: States that every person born on the island of Ireland is entitled to be part of the Irish Nation, reinforcing the focus on individuals.
  • Article 3: Discusses the peaceful unification of the people of Ireland, underscoring the significance of individual identities and traditions.

The State (Articles 4-11)

These articles define the structure and symbols of the State, ensuring that the powers and functions described are for the benefit of the people, not for any non-human entities.

The President (Articles 12-14)

  • Article 12-14: The President is elected by direct vote of the people, emphasizing the role of citizens in governance. Article 13 details the President's responsibilities, all oriented towards serving the people of Ireland.

The National Parliament (Articles 15-27)

These articles describe the legislative process, ensuring laws are made by representatives elected by the people, for the people.

  • Article 15: States that only the Oireachtas has the power to make laws, protecting the legislative process from influences outside the human electorate.

Fundamental Rights (Articles 40-44)

  • Article 40: Guarantees personal rights and equality before the law for all citizens, explicitly addressing human persons.
  • Article 41: Recognizes the family as a fundamental unit of society, protecting the rights of individuals within that unit.
  • Article 42: Acknowledges the rights and duties of parents in educating their children, highlighting the focus on human relationships and responsibilities.
  • Article 42A: Emphasizes the natural and imprescriptible rights of all children, further reinforcing the focus on individuals.
  • Article 43: Guarantees the right to private ownership of property for individuals, protecting personal assets and inheritances.
  • Article 44: Ensures freedom of religion and worship, which are inherently human rights.

Other Articles

  • Article 45: Sets out the directive principles of social policy, aimed at promoting the welfare of the people.
  • Articles 46-50: Address amendments to the Constitution, referendums, and the continuity of laws, ensuring these processes serve the interests of the people.

The Constitution of Ireland is designed to provide provisions and protections to natural persons—humans—excluding any non-natural entities. This focus is reflected in the language used throughout the document, the rights and duties outlined, and the structures established to ensure the welfare and governance of the people of Ireland.

Analysis of Voting Rights Under the Irish Constitution

The Constitution of Ireland outlines the determination of the right to vote under Articles 16 and 28, specifying that the right to vote is determined by law. Here’s an analysis of how this determination is intended to be made and why certain legislative instruments and regulations do not fully establish this determination:

Constitutional Provisions

  • Article 16:

    • Eligibility for Membership of Dáil Éireann: Every citizen without distinction of sex who has reached the age of twenty-one years and who is not placed under disability or incapacity by this Constitution or by law shall be eligible for membership of Dáil Éireann.
    • Right to Vote: All citizens and such other persons in the State as may be determined by law, without distinction of sex, who have reached the age of eighteen years and are not disqualified by law and comply with the provisions of the law relating to the election of members of Dáil Éireann, shall have the right to vote at an election for members of Dáil Éireann.
    • No Disqualification Based on Sex: No law shall be enacted placing any citizen under disability or incapacity for membership of Dáil Éireann on the ground of sex or disqualifying any citizen or other person from voting at an election for members of Dáil Éireann on that ground.

  • Article 28:

    • General Provisions: This article primarily deals with the structure and responsibilities of the Government but implies the importance of electoral laws in determining voter eligibility.

Legislative Instruments

  • Electoral (Amendment) Regulations 2004 (S.I. No. 175/2004): These regulations provide guidelines on acceptable forms of identification for voting. However, they do not determine the fundamental right to vote. They merely facilitate the practical aspects of voter identification.

  • Section 10 of the Electoral Act, 1992: This section specifies that a person must be ordinarily resident in a local electoral area and be at least 18 years old to be registered as a local government elector. While it sets out requirements for registration, it does not constitute a comprehensive determination of the right to vote as required by the Constitution. It simply outlines administrative criteria for being registered.

The Constitution of Ireland requires that the determination of the right to vote be established by law, as stated in Articles 16 and 28. However, the specific legislative instruments referenced—Electoral (Amendment) Regulations 2004 and Section 10 of the Electoral Act, 1992—do not fully establish this determination. They address procedural and administrative aspects of voting but do not constitute a complete determination of the right to vote as mandated by the Constitution.

Comprehensive Determination of the Right to Vote

A comprehensive determination of the right to vote should:

  • Clearly outline the eligibility criteria for voting, beyond procedural requirements.
  • Address any conditions or qualifications for voters in a substantive manner.
  • Be established in primary legislation, reflecting the constitutional requirements.

Therefore, to meet the constitutional requirement for determining the right to vote, there needs to be explicit primary legislation that clearly defines voter eligibility, consistent with Articles 16 and 28 of the Constitution. This legislation should go beyond administrative procedures and establish a definitive legal framework for voter rights.

Example: Electoral (Amendment) Act, 1985

The Electoral (Amendment) Act, 1985, provides an example of legislation that extends the right to vote to British and EU citizens. Here’s a summary of the relevant sections:

Electoral (Amendment) Act, 1985

AN ACT TO CONFER ON CERTAIN PERSONS, PURSUANT TO ARTICLE 16.1.2° OF THE CONSTITUTION, THE RIGHT TO VOTE AT ELECTIONS FOR DÁIL ÉIREANN AND FOR THAT PURPOSE TO AMEND THE ELECTORAL ACTS, 1923 TO 1983, THE PRESIDENTIAL ELECTIONS ACTS, 1937 TO 1973, AND THE REFERENDUM ACTS, 1942 TO 1984. [7th July, 1985]

  1. Interpretation:

    • Defines terms such as "the Act of 1963," "the Act of 1966," and "the Act of 1977."

  2. Amendment of Section 5 of Act of 1963:

    • Adds subsections allowing British citizens and nationals of EU Member States to be registered as Dáil electors, provided they meet age and residency requirements.

  3. Amendment of Other Sections:

    • Modifies various sections to include "presidential electors" alongside Dáil electors.

  4. Franchise and Registration at Presidential Elections:

    • Establishes criteria for being registered as a presidential elector, including age and residency requirements.

  5. Amendments to Presidential Elections and Referendum Acts:

    • Adjusts terminology and provisions to align with the new enfranchisement of British and EU citizens.

This act exemplifies how specific primary legislation can establish a clear and comprehensive determination of the right to vote, in line with the requirements of the Constitution of Ireland.

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