Ireland’s democracy

Democratic power in Ireland is divided between the legislature (the Oireachtas), the Executive (the Government) and the judiciary. The role of each of these groups is set out clearly in the Constitution of Ireland.

Each of the three branches have certain powers which allow it to keep each of the other groups in check. This means that no one group can ever become too powerful or gain total control.

• Legislative power is the power to make laws. Articles 15 – 27 of the constitution gives these powers to the Oireachtas. The Oireachtas consists of Dáil Éireann, Seanad Éireann and the President.
• Executive power is the power to carry laws into effect – that means it has the power to carry out laws with the assistance of An Garda Siochana, the Defence Forces and the Civil Service. Article 28 gives this power to the Government (Taoiseach, Tánaiste and Cabinet Ministers)
• Judicial power is the power to interpret and apply the law to disputes and conflicts which happen between the State and individual citizens, as well as disputes which happen between citizens.

The Oireachtas is the legislative branch of the state. It is made up of Dáil Éireann and Seanad Éireann.

The Oireachtas watches and holds the Government accountable for its decisions and actions. It does this in a number of ways, including asking the Taoiseach and Government Ministers questions. The Oireachtas can also remove the Taoiseach/Government Ministers through a motion of no confidence.

The Dáil is the main body of the Oireachtas and holds the most legislative power in the Country. Its functions are to legislate, propose new Bills (laws), debate new laws, make changes to new laws if needed, and vote to pass these bills into law.

Dáil Éireann also monitors the work of the Government, making sure that it is accountable to the people for its actions. Day to day, the Dáil debates issues of importance to the people and approves public spending.

The Seanad is the second house of legislature in Ireland. The main function of the second house is to ensure that appropriate debate and deliberation takes place before any new law is passed.

The Seanad reviews Bills (laws) from the Dáil and proposes amendments (changes) if needed. The Seanad can also propose laws, but cannot propose any laws relating to budget matters.

It holds some of the same powers as the Dáil, but in a limited way. Senators cannot put questions to the Taoiseach or Government Ministers.

The President of Ireland (Uachtarán na hÉireann) is Ireland’s Head of State. Every seven years the public elect a new President. The President can serve two terms in total.

The formal powers and functions of the President are set out in Article 13 of the Constitution, Bunreacht na hÉireann.

Key functions as set out in the Constitution include:

Representing the people of Ireland

• The President represents all the people of Ireland at home and abroad through public engagements, making speeches and receiving visitors to the President’s residence Áras an Uachtarán.

Appointing of Members of Government, judges and other officials

• The President appoints the Taoiseach, after they have been nominated by Dáil Eireann;
• The President appoints members of the Government, after they have been nominated by the Taoiseach;
• The President accepts the resignation or termination of appointment of any member of the Government, on the advice of the Taoiseach;
• Other office holders appointed by the President, on the advice of the Government, include Judges, the Attorney General, the Comptroller and Auditor General, and Commissioned officers of the Defence Forces.

Summoning and dissolving the Dáil

• The President summons or dissolves the Dáil on the advice of the Taoiseach.
• The President can call a meeting of the Dáil or the Seanad, or both, after consultation with the Council of State.
• The President can call fresh elections where a Taoiseach no longer has the support of a majority in the Dáil.

Refusing to dissolve the Dáil

• The President may also refuse to dissolve the Dáil. In this case members of the Dáil must nominate an alternative Government.

Signing legislation into law

• Every proposed new law (Bill) which has been passed by both Houses of the Oireachtas (the Dáil and the Seanad) must be signed by the President before it comes into effect as a new law (Act). Each year, the Houses of the Oireachtas pass around 50 Bills.
• The President can refer Bills to the Supreme Court if there is a concern that they may be incompatible with or in conflict with the Constitution. In order to do this, the President must first consult with the Council of State.

For more information on how laws are made, you can access the Oireachtas website: Houses of the Oireachtas – How laws are made – Houses of the Oireachtas

Acting as Supreme Commander of the Defence Forces

• The President is the Supreme Commander of the Defence Forces, and all Defence Force officers are therefore commissioned by the President. The President does not have military command over the Defence Forces. Under the Defence Act, 1954, the Government exercises military command through the Minister for Defence, who manages and control the Defence Forces. 

The President does not have decision making or policy making functions for the State. The President’s role is prescribed by the Constitution and is a reflection of domestic values and principles (as per Baker J., Right to Know CLG v Commissioner for Environmental Information & Ors [2022] IESC 19) .

The Executive branch of Government is responsible for enforcing the law and implementing the programmes and policies of the elected government. The Executive is made up of the Taoiseach and the Cabinet of Ministers. The Cabinet contains between 7 and 15 members.

The Government are responsible for making decisions and proposing policies and laws on many different issues covering almost all areas of our lives (health, education, welfare etc).

The Government is responsible for the upkeep of law and order. They are also responsible for making sure that the needs, interests and safety of Irish citizens are served.

The justice system is responsible for interpreting and maintaining the law and our legal rights.

There are four levels of main courts in Ireland – the District Court, the Circuit Court, the High Court and the Supreme Court.

The Supreme Court is the court of final appeal and has the power to decide if a bill passed by the Oireachtas is compatible with the Constitution, if asked to do so by the President. If the Supreme Court rules a bill unconstitutional, the bill will not be signed into law. A decision made by the Supreme Court is final.