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.

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.