The Symbolic Power of Ireland's President Robinson

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The election of seventh president of Ireland, held on October 7, 1990, witnessed triumph of Mary Robinson as first woman president and first successful non-Fianna Fail(1) candidate since 1945. The Irish Constitution states that office of president should be filled by a direct vote of for a period of seven years. In practice, however, four presidents have been appointed by consent, thereby avoiding need for an election. Therefore, it was only fifth president actually elected, first presidential election in seventeen years, and first since 1945 to be contested by three candidates. The office of Irish presidency as outlined in Articles 12 through 14 of Irish Constitution is primarily ceremonial in character. Most of president's responsibilities are purely formal, and other functions can be performed by her only on (meaning permission) of government. Six areas in which president enjoys some power may be identified.(2) In three of these, president has up to now been inactive, primarily because initiative lies with some other institution that has chosen not to exercise it. First, Senate (equivalent to English House of Lords) may request president to refer question of whether a bill is or is not a money bill to a Committee of Privileges; president may then, after consultation with her Council of State (her committee of advisers), appoint such a committee (Article 22.2). Second, in certain exceptional circumstances, government may seek to restrict amount of time Senate may spend in considering a bill, but this requires concurrence of president, who is obliged first to consult with her Council of State (Article 24.1). Third, a majority of members of Senate, along with at least one-third of Dail (parliament), may ask president not to sign into law a bill passed by both houses; after consultation with Council of State, president may either sign bill or cause the will of people to be ascertained, entailing either a referendum or a general election. In two of these cases, any request to president implies unlikely event of a serious clash between Dail and Senate; third implies an emergency. In this context, it is not surprising that president's powers have not been used. On other hand, three other powers have been used. First, president may after consultation with Council of State, convene either or both houses of Oirectheas (Senate and Dail) (Article 13.2.3). Up to 1990, only instance in which this power has been invoked was when de Valera convened a meeting of both houses in 1969 to address them on fiftieth anniversary of inaugural meeting of First Dail. Second, president may refer a bill to Supreme Court to obtain court's ruling on its compatibility with Constitution, again following consultation with her Council of State. This has been most frequently used power, used on eight occasions; in three cases (1942, 1981, and 1983) bills have been deemed unconstitutional. Perhaps most potentially important power contained in Article 13.2.2, which states that the president may in his [her] absolute discretion refuse to dissolve Dail Eireann on advice of Taoiseach (prime minister) who has ceased to retain support of a majority in Dail Eireann. There have been three occasions on which president could have used this power, but in all cases dissolution has been granted. The Irish Constitution provides that president be elected for a seven-year term, which is renewable once by single transferable vote of those eligible to vote in Dail elections. Whereas presidents coming to end of their first term may nominate themselves for reelection, nomination for first-time candidates is extremely restrictive. Candidates must be nominated either by a minimum of twenty Dail deputies and/or senators or by councils of at least four counties and/or county boroughs. …