First Amendment of The Constitution of Ireland - Background

Background

Article 28 of the Constitution grants the state sweeping powers during a time of emergency but, in the form in which the article was adopted in 1937, these could only be invoked during a "time of war or armed rebellion". The First Amendment served to clarify that "time of war" need not mean a war in which the state is actually taking part.

The amendment was introduced by the Fianna Fáil government of Éamon de Valera. Unlike later amendments the First and Second Amendments were not submitted to a referendum because, under the terms of the constitution's Transitory Provisions, during the initial period of 1937–1941 constitutional amendments could be effected by a simple act of the Oireachtas.

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