Religion in the Irish Constitution
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Student work
Bunreacht na hÉireann, the Irish Constitution, dates from 1937 – an era in Irish history when nationalism and the drive for total self-determination were high on the political agenda. The constitution of Éamon de Valera granted a higher level of independence to Ireland than the restrictive constitution of 1922 and helped to shape a distinctive Irish national identity among the international community. Since the vast majority of the population in Ireland at that time were Roman Catholic the constitution was structured within that distinctive ethos. Legislation would reflect the values at that time held by the majority of the people in Ireland. There have been twenty seven amendments to the constitution since its inception.
While the 1922 constitution made no reference to the Catholic Church, the 1937 constitution afforded a special position to it and enshrined some of its moral and social teachings. Articles 40, 44 and 45 were highly influenced by two papal encyclicals: Rerum Novarum (Of Revolution) of Leo XIII (1891) and Quadragesimo Anno (In the fortieth year…) of Pius XI (1931). Rerum Novarum was a pronouncement on social justice and it influenced the fundamental rights mentioned in Articles 40, 44 and particularly Article 45 which dealt with the ‘Principles of Social Policy’. Quadragesimo Anno echoed the sentiments of Rerum Novaurm and elaborated on them.
Rerum Novarum concerned Roman Catholic teaching on matters such as work, profit, master and servant to the conditions of the Industrial Revolution. Presuming that society originated in the family, Rerum Novarum upheld the right to own private property and it condemned socialism for infringing on this right. The encyclical also supported