In announcing her nominees to the Council of State this week, Catherine Connolly has discharged one of the key formal duties of her office. Its role is to advise the President on the exercise of her constitutional powers, most notably on whether to refer legislation to the Supreme Court. It is, instead, like most of her actions since her inauguration, measured, careful and consistent with her policy priorities. Under Article 26 of the Constitution, the President may, following consultation with the council, refer a bill to the Supreme Court to test its constitutionality. The last piece of legislation referred and found unconstitutional dates back to 1999, while Michael D Higgins did not invoke Article 26 once during his two terms.

Source: The Irish Times April 01, 2026 19:02 UTC