THE GOVERNMENT.
Article 28.
- The Government shall consist of not less than seven and not more than
fifteen members who shall be appointed by the President in accordance with
the provisions of this Constitution.
- The executive power of the State shall, subject to the provisions of this
Constitution, be exercised by or on the authority of the Government.
- The confidentiality of discussions at meetings of the Government shall
be respected in all circumstances save only where the High Court
determines that disclosure should be made in respect of a particular
matter -
- in the interests of the administration of justice by a Court, or
- by virtue of an overriding public interest, pursant to an
application in that behalf by a tribuneral appointed by the
Government or a Minister of Government on the authority of the
Houses of the Oireachtas to enquire into a matter stated to them
to be of public importance.
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- War shall not be declared and the State shall not participate in any
war save with the assent of Dáil Éireann
- In the case of actual invasion, however, the Government may take
whatever steps they may consider necessary for the protection of the
State, and Dáil Éireann if not sitting shall be
summoned to meet at the earliest practicable date.
- Nothing in this Constitution shall be invoked to invalidate any law
enacted by the Oireachtas which is expressed to be for the purpose of securing
the public safety and the preservation of the State in time of war or armed
rebellion, or to nullify any act done or purporting to be done in time of war
or armed rebellion in pursuance of any such law. In this subsection "time of
war" includes a time when there is taking place an armed conflict in which the
State is not a participant but in respect of which each of the Houses of the
Oireachtas shall have resolved that, arising out of such armed conflict, a
national emergency exists affecting the vital interests of the State and "time
of war or armed rebellion" includes such time after the termination of any
war, or of any such armed conflict as aforesaid, or of an armed rebellion, as
may elapse until each of the Houses of the Oireachtas shall have resolved
that the national emergency occasioned by such war, armed conflict, or armed
rebellion has ceased to exist.
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- The Government shall be responsible to Dáil Éireann.
- The Government shall meet and act collective authority, and shall
be collectively responsible for the Departments of State
administered by the members of the Government.
- The Government shall prepare Estimates of the Receipts and Estimates of
the Expenditure of the State for each financial year, and shall present
them to Dáil Éireann for consideration.
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- The head of the Government, or Prime Minister, shall be called, and is
in this Constitution referred to as. the Taoiseach.
- The Taoiseach shall keep the President generally informed on
matters of domestic and international policy.
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- The Taoiseach shall nominate a member of the Government to he the
Tánaiste
- The Tánaiste shall act for all purposes in the place of the
Taoiseach if the Taoiseach should die, or become permanently
incapacitated, until a new Taoiseach shall have been appointed.
- The Tánaiste shall also act for or in the place of the Taoiseach
during the temporary absence of the Taoiseach.
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- The Taoiseach, the Tánaiste and the member of the Government
who is in charge of the Department of Finance must be members of
Dáil Éireann.
- The other members of the Government must be members of Dáil
Éireann or Seanad Éireann, but not more than two may be
members of Seanad Éireann.
- Every member of the Government shall have the right to attend and be heard
in each House of the Oireachtas.
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- The Taoiseach may resign from office at any time by placing his
resignation in the hands of the President.
- Any other member of the Government may resign from office by placing his
resignation in the hands of the Taoiseach for submission to the
President.
- The President shall accept the resignation of a member of the
Government, other than the Taoiseach, if so advised by the Taoiseach.
- The Taoiseach may at any time, for reasons which to him seem sufficient,
request a member of the Government to resign; should the member
concerned fail to comply with the request, his appointment shall be
terminated by the President if the Taoiseach so advises.
- The Taoiseach shall resign from office upon his ceasing to retain the
support of a majority in Dáil Éireann unless on his advice
the President dissolves Dáil Éireann and on the reassembly
of Dáil Éireann after the dissolution the Taoiseach secures
the support of a majority in Dáil Éireann.
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- If the Taoiseach at any time resigns from office the other members of
the Government shall be deemed also to have resigned from office, but the
Taoiseach and the other members of the Government shall continue to
carry on their duties until their successors shall have been appointed.
- The members of the Government in office at the date of a dissolution of
Dáil Éireann shall continue to hold office until their
successors shall have been appointed.
- The following matters shall be regulated in accordance with law, namely,
the organization of, and distribution of business amongst, Departments of
State, the designation of members of the Government to be the Ministers in
charge of the said Departments, the discharge of the functions of the
office of a member of the Government during his temporary absence or
incapacity, and the remuneration of the members of the Government.