The National Parliament

Article 26 - Reference of Bills to the Supreme Court

article 26.1 An Bunreacht na hEireann Irish

Official Literal English translation

Article 26 Reference of Bills to the Supreme Court

Submitting Bills to the Supreme Court for determination


This Article applies to every Bill which is passed or is
deemed to have been passed by the two Houses of the
Oireachtas, except a Money Bill, or a Bill which is stated
to be a Bill which contains a proposal to amend the Constitution, or a Bill the period for the consideration of which
by Seanad Éireann was shortened under Article 24 of this
Constitution.

26.1.1  The President is permitted, after taking counsel with the
Council of State, to submit any Bill to which this Article
relates to the Supreme Court for determination whether
that Bill or any (particular) provisions or provision of it
are contrary to this Constitution or contrary to any provision
of it.

26.1.2  In every case of that kind the Bill must be submitted to
the Court for determination (on) a day which is not later
than the seventh day after the date on which the Taoiseach
offers the Bill to the President to put his hand to it.

article 26.1 An Bunreacht na hEireann English

Points to Consider:

Article 26 The president can hold the State to account by either refusing to sign legislation into being, and he has the option to refer it to the Supreme Court.

If he elects to use his powers to bring it in under Article 24, which invokes Article 28.3.3, The Emergency Powers Act, which avoids scrutiny.