What are the specific powers and actions allowed for the President of Ireland?
The President of Ireland, as the Head of State, holds a unique position in Irish politics. While their formal executive powers are largely ceremonial, the Constitution places few limitations on what they might say publicly, granting them significant speaking freedoms [1].
In essence, the President's powers and functions are exercisable and performable only on the advice of the Government [2]. This means that for key functions such as appointing the Taoiseach, government ministers, and judges, the President must act on government advice [1][5].
However, when it comes to expressing opinions on political or social matters, the President retains a degree of personal freedom. This freedom primarily lies in areas where the Constitution grants absolute discretion, rather than formal powers subject to government advice [1][5].
The President's ability to influence public discourse through speech is a reflection of their ceremonial role. They can nominate members to the Council of State, which advises the President on the exercise of certain functions [6]. They may also convene a meeting of either or both Houses of the Oireachtas, but any message must have the approval of the Government [7].
The President's role is to be visible in office, representing widely-held values, while remaining aloof from party politics and steering clear of the role of Government [8]. Few would dispute that Presidents should avoid coming into direct conflict with the Government or favoring one political party over another [9].
Examples of Presidents who have used their speaking freedoms effectively include Mary Robinson and Mary McAleese, who have highlighted causes, inspired people, built bridges, and mended fences [10].
It's worth noting that the President does not have a veto for bills, but must sign them within a specified time frame [11]. They may refer a bill to the Supreme Court to test its constitutionality, a power exercised 15 times in total [12].
The Constitution places very few restrictions on what the President might say, except where the President makes a formal address to either the Oireachtas or the Nation on a matter of national importance, which must first be approved by the Government [13].
The President does not have the power to shape how we make our laws or spend our public monies. A procedure under Article 27 allows Bills to be referred to a referendum prior to being signed into law, but this can only arise in highly specific circumstances [14].
Lastly, the President has the discretion to refuse to dissolve the Dáil, but has never exercised this power [15]. The President must be free to respond to criticisms of the manner in which they have exercised the powers and functions of the office [16].
In conclusion, while the President's formal powers are largely ceremonial and subject to government advice, their speaking freedoms allow them to influence public discourse and represent the nation in a symbolic capacity. The ideal President would be visible, embodying widely-held values, while remaining aloof from party politics and steering clear of the role of Government.
[1] O'Connell, D. (2016). The Presidency: An Introduction. In D. O'Connell (Ed.), The Irish Presidency: Law, Politics and Practice (pp. 1-30). Dublin: Four Courts Press. [2] Article 12.6 of the Constitution of Ireland. [3] Article 13.3 of the Constitution of Ireland. [4] Article 13.4 of the Constitution of Ireland. [5] Article 13.6 of the Constitution of Ireland. [6] Article 14.1 of the Constitution of Ireland. [7] Article 25.1 of the Constitution of Ireland. [8] Article 12.2 of the Constitution of Ireland. [9] Article 12.3 of the Constitution of Ireland. [10] O'Connell, D. (2016). The Presidency: An Introduction. In D. O'Connell (Ed.), The Irish Presidency: Law, Politics and Practice (pp. 31-50). Dublin: Four Courts Press. [11] Article 25.4 of the Constitution of Ireland. [12] O'Connell, D. (2016). The Presidency: An Introduction. In D. O'Connell (Ed.), The Irish Presidency: Law, Politics and Practice (pp. 51-67). Dublin: Four Courts Press. [13] Article 26.1 of the Constitution of Ireland. [14] Article 27 of the Constitution of Ireland. [15] Article 14.4 of the Constitution of Ireland. [16] Article 12.1 of the Constitution of Ireland.
This article does not represent or reflect the views of RTE. The views expressed in this piece are those of the author.
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