The Twenty-third Amendment of the Constitution Act 2001 of the

Constitution of Ireland The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executi ...

is an amendment that permitted the state to become a party to the

International Criminal Court The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...

(ICC). It was approved by

referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...

on 7 June 2001 and signed into law on the 27 March 2002. The referendum was held on the same day as referendums on the prohibition of the death penalty, which was also approved, and on the ratification of the Nice Treaty, which was rejected.

Background

The Statute of the International Criminal Court established the

. As its ratification would affect Ireland's sovereignty and powers and functions elsewhere in the Constitution, under the decision of the

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

in '' Crotty v. An Taoiseach'' (1987), an amendment was required before it could be ratified.

Changes to the text

Insertion of new Article 29.9:

Oireachtas debate

The Twenty-third Amendment was proposed in

Dáil Éireann Dáil Éireann ( ; , ) is the lower house and principal chamber of the Oireachtas, which also includes the president of Ireland and a senate called Seanad Éireann.Article 15.1.2° of the Constitution of Ireland reads: "The Oireachtas shall co ...

by Minister for Foreign Affairs

Brian Cowen Brian Bernard Cowen (born 10 January 1960) is an Irish former politician who served as Taoiseach and Leader of Fianna Fáil from 2008 to 2011. Cowen served as a TD for the constituency of Laois–Offaly from 1984 to 2011 and served in several ...

on behalf of the

Fianna Fáil Fianna Fáil ( ; ; meaning "Soldiers of Destiny" or "Warriors of Fál"), officially Fianna Fáil – The Republican Party (), is a centre to centre-right political party in Ireland. Founded as a republican party in 1926 by Éamon de ...

–

Progressive Democrats The Progressive Democrats (, literally "The Democratic Party"), commonly referred to as the PDs, were a conservative liberal political party in Ireland. The party's history spanned 24 years, from its formation in 1985 to its dissolution in 20 ...

coalition government led by

Taoiseach The Taoiseach (, ) is the head of government or prime minister of Republic of Ireland, Ireland. The office is appointed by the President of Ireland upon nomination by Dáil Éireann (the lower house of the Oireachtas, Ireland's national legisl ...

Bertie Ahern Bartholomew Patrick "Bertie" Ahern (born 12 September 1951) is an Irish former Fianna Fáil politician who served as Taoiseach from 1997 to 2008, and as Leader of Fianna Fáil from 1994 to 2008. A Teachta Dála (TD) from 1977 to 2011, he served ...

. It had the support of all parties and it passed final stages in the Dáil on 12 April. It passed final stages in the Seanad on 2 May and proceeded to a referendum on 11 June 2001.

Result

Aftermath

The International Criminal Court came into force on 1 July 2002.

Note on numbering

The Twenty-third Amendment Bill was put to the people with the Twenty-first and Twenty-fourth Amendment Bills. This is because the Twenty-second Amendment of the Constitution Bill was withdrawn by the government during the course of debate in the Oireachtas. There was therefore no Twenty-second Amendment of the Constitution of Ireland, as the title of legislation is not changed on its enactment.

References

External links

Twenty-third Amendment of the Constitution Act 2001Oireachtas Debates: Twenty-third Amendment of the Constitution Bill 2001
{{International Criminal Court, state=collapsed 2001 in international relations 2001 in Irish law 2001 in Irish politics 2001 referendums 2002 in Irish law 2002 in Irish politics 23 International Criminal Court 23 Rome Statute of the International Criminal Court June 2001 in Ireland Amendment, 23