First Amendment of the Constitution of Ireland facts for kids

The First Amendment of the Constitution Act 1939 changed the Constitution of Ireland. It made it possible for the government to use special powers during a "time of war," even if Ireland itself was not directly fighting in that war. This amendment was put into law on September 2, 1939, just one day after Germany invaded Poland, starting World War II. It allowed the Irish government to use emergency powers during World War II (which was called The Emergency in Ireland), even though the country stayed neutral.

Why the Amendment Was Needed

A part of the Constitution, called Article 28.3.3°, gives the government strong powers during a state of emergency. But when this rule was first written in 1937, these powers could only be used during a "time of war or armed rebellion." The First Amendment added that "time of war" could also mean a time when there was a war happening somewhere else, even if Ireland wasn't directly involved.

The government at the time, led by Fianna Fáil and Éamon de Valera, introduced this amendment on September 2, 1939. It quickly passed through both parts of the Irish parliament (the Oireachtas). Unlike most changes to the Constitution today, this amendment (and the Second Amendment) did not need a public vote (a referendum). This was because of a special rule (Article 51) that allowed the Oireachtas to change the Constitution by itself between 1938 and 1941.

What the Amendment Changed

The amendment added new words to Article 28.3.3° of the Constitution. These new words are shown in bold below:

3º 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 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.

This meant that if the Oireachtas decided that a war happening elsewhere was causing a "national emergency" for Ireland, the government could use its special powers.

The Irish Text Issue

When the First Amendment was passed, it was only written in English. This caused a problem because the Irish version of the Constitution is legally more important. This mistake was fixed by the Second Amendment, which was passed in 1941. The Second Amendment included the correct Irish text for the First Amendment.

Laws Made Because of the Amendment

The Emergency Powers Act 1939 was passed and signed into law on the same day as the First Amendment. This act gave the government the specific powers it needed during World War II. Other similar laws were passed throughout the war. Later, the Emergency Powers Act 1976 was passed during The Troubles (a period of conflict in Northern Ireland).

Later Changes to the Rule

Article 28.3.3° was changed two more times after the First Amendment. The Second Amendment in 1941 made it clear that emergency powers could only be used during the actual time of war or rebellion. It also added that a "time of war" could continue even after the fighting stopped, until the Oireachtas declared the emergency over. The Twenty-first Amendment in 2001 made a very important change. It added a new rule (Article 15.5.2°) that said the death penalty could never be used in Ireland. It also made sure that the emergency powers of the Constitution could not be used to bring back the death penalty.

Here is the updated text with these later changes highlighted in bold:

3º Nothing in this Constitution other than Article 15.5.2º 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 subsection "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.

See also

• State of Emergency
• Politics of the Republic of Ireland
• History of the Republic of Ireland