|
PRIMARY OBJECTIVE ____________ To strengthen Irish Democracy and since all constitutional powers come from the people, what needs to happen, is that the power to schedule a referendum must be taken away from the Oireachtas and given back to the people.
Like Swiss DirectDemocracy, the only referendum trigger should be a Constitutional amendment or an issue initiative for referendum caused by achieving a predefined signature threshold. The government should never have the power to schedule referendums. This power should always be reserved for the people as a final decision and outcome on any political decision made by our public service representatives.
Articles 47 & 48 (See Atttached)
You might know that the people of Ireland previously did have Direct Democratic powers in the original 1922 constitution. In this constitution, Articles 47 & 48 gave the sovereign people of Ireland the power to initiate referendum. In the same document, Article 50 gave the Oireachtas the power to amend the constitution if the newly amended constitution is put up for a referendum vote within 2 years. In 1928 the Irish Democracy was severely weakened when the presiding Oireachtas amended the constitution by removing Articles 47 & 48. This one act ended the people’s right to initiate referendum as a way to have a final say in the political decision making process.
Political decision making was now solely in the domain of the Oireachtas without interference from the people. In response 96,000 outraged voters signed a petition in protest. Knowing that the Amended Constitution would be defeated, in 1929 the Oireachtas ignored the petition and used their Article 50 amendment powers to extend the 8 year deadline by another 16 years.
Finally in 1937, after most people had forgotten what had been done, the Irish people approved the amended constitution by referendum.
For more info on the Irish Constitution check out: http://en.wikipedia.org/wiki/Constitution_of_the_Irish_Free_State
Complete Text Articles 47 & 48
CONSTITUTION OF THE IRISH FREE STATE (SAORSTÁT EIREANN) ACT, 1922 AN ACT TO ENACT A CONSTITUTION FOR THE IRISH FREE STATE (SAORSTÁT EIREANN) AND FORIMPLEMENTING THE TREATY BETWEEN GREAT BRITAIN AND IRELAND SIGNED AT LONDON ON THE 6TH DAY OF DECEMBER, 1921.
Article 47.
Any Bill passed or deemed to have been passed by both Houses may be suspended for a period of ninety days on the written demand of two-fifths of the members of Dáil Eireann or of a majority of the members of Seanad Eireann presented to the President of the Executive Council not later than seven days from the day on which such Bill shall have been so passed or deemed to have been so passed. Such a Bill shall in accordance with regulations to be made by the Oireachtas be submitted by Referendum to the decision of the people if demanded before the expiration of the ninety days either by a resolution of Seanad Eireann assented to by three-fifths of the members of Seanad Eireann, or by a petition signed by not less than one-twentieth of the voters then on the register of voters, and the decision of the people by a majority of the votes recorded on such Referendum shall be conclusive. These provisions shall not apply to Money Bills or to such Bills as shall be declared by both Houses to be necessary for the immediate preservation of the public peace, health or safety.
Article 48.
The Oireachtas may provide for the Initiation by the people of proposals for laws or constitutional amendments. Should the Oireachtas fail to make such provision within two years, it shall on the petition of not less than seventy five thousand voters on the register, of whom not more than fifteen thousand shall be voters in any one constituency, either make such provisions or submit the question to the people for decision in accordance with the ordinary regulations governing the Referendum. Any legislation passed by the Oireachtas providing for such Initiation by the people shall provide (1) that such proposals may be initiated on a petition of fifty thousand voters on the register, (2)that if the Oireachtas rejects a proposal so initiated it shall be submitted to the people for decision in accordance with the ordinary regulations governing the Referendum; and (3) that if the Oireachtas enacts a proposal so initiated, such enactment shall be subject to the provisions respecting ordinary legislation or amendments of the Constitution as the case may be.
Article 50.
Amendments of this Constitution within the terms of the Scheduled Treaty may be made by the Oireachtas, but no such amendment, passed by both Houses of the Oireachtas, after the expiration of a period of eight years from the date of the coming into operation of this Constitution, shall become law, unless the same shall, after it has been passed or deemed to have been passed by the said two Houses of the Oireachtas, have been submitted to a Referendum of the people, and unless a majority of the voters on the register shall have recorded their votes on such Referendum, and either the votes of a majority of the voters on the register, or two-thirds of the votes recorded shall have been cast in favour of such amendment. Any such amendment may be made within the said period of eight years by way of ordinary legislation and as such shall be subject to the provisions of Article 47 hereof.
|