Editing President of Ireland (section)

==Ordinary duties and functions==
The [[Constitution of Ireland]] provides for a [[parliamentary system]] of government, by which the role of the [[head of state]] is largely a ceremonial one. The president is formally one of three parts of the [[Oireachtas]] (national parliament), which also comprises [[Dáil Éireann]] (the Assembly of Ireland or [[lower house]]) and [[Seanad Éireann]] (the Senate of Ireland or [[upper house]]).

Unlike most [[parliamentary republic]]s, the president is not designated as the ''nominal'' chief executive. Rather, executive authority in Ireland is expressly vested in the [[Government of Ireland|government]] (cabinet). The government is obliged, however, to keep the president generally informed on matters of policy both foreign and domestic. Most of the functions of the president may be performed only in accordance with the strict instructions of the Constitution, or the binding "[[advice (constitutional)|advice]]" of the government. The president does, however, possess certain personal powers that may be exercised discretionally.

===Constitutional functions===
The main functions as prescribed by the Constitution:
;Appoints the government: The president formally appoints the [[taoiseach]] (that is, Ireland's [[head of government]]) and other ministers, and accepts their resignations. The taoiseach is appointed upon the nomination of the Dáil, and the president is required to appoint whomever the Dáil designates without the right to refuse appointment. All other [[Minister (government)|minister]]s are appointed upon the nomination of the taoiseach and approval of the Dáil; as with appointing the taoiseach, the president is required to make the appointment without the right to appoint someone else. The taoiseach and ministers altogether comprise the [[Government of Ireland|Government]], Ireland's [[Central government|central executive authority]]. Ministers are dismissed by the advice of the taoiseach and the taoiseach must, unless there is a dissolution of the Dáil, resign upon [[motion of no confidence|losing the confidence]] of the house.
;Appoints the judiciary: The president appoints the judges to all [[courts of the Republic of Ireland|courts in Ireland]], on the advice of the Government.<ref name=irlpres/>
;Convenes and dissolves the Dáil:This power is exercised on the advice of the taoiseach; Government or Dáil approval is not needed. The president may only refuse a [[dissolution of parliament|dissolution]] when a taoiseach has lost the confidence of the Dáil.<ref name=irlpres/>
;Signs bills into law: A ceremonial duty, as the president cannot [[veto]] a [[bill (law)|bill]] that the Dáil and the Seanad have duly adopted. However, the president may refer it to the Supreme Court to test its constitutionality. If the Supreme Court upholds the bill, the president is obliged to sign it. If, however, it is found to be unconstitutional, the president may refuse to give assent.<ref name=irlpres/>
;Represents the state in foreign affairs: This power is exercised only by the advice of the Government. The president accredits ambassadors and receives the [[Letter of credence|letters of credence]] of foreign diplomats. Ministers sign international treaties in the president's name. This role was not exercised by the president prior to the [[Republic of Ireland Act 1948]].<ref name="irlpres" />
;Serves as Supreme Commander of the Defence Forces: Supreme command and control over the [[Defence Forces (Ireland)|Defence Forces]] vests in the president. This role is similar in status to that of a [[commander-in-chief]]. An [[Officer (armed forces)|officer]]'s [[commission (document)|commission]] is signed and sealed by the president. This is a nominal function, the powers of which are exercised by the advice of the Government. (See [[Minister for Defence (Ireland)|Minister for Defence]].)<ref>Constitution of Ireland: Article 13.4</ref>
;Exercises the power of clemency: The president has "the right of [[pardon]] and the power to [[Commutation of sentence|commute]] or remit punishment".<ref>Constitution of Ireland: Article 13.6</ref> Pardon, for [[miscarriage of justice|miscarriages of justice]], has applied rarely: Thomas Quinn in 1940, Brady in 1943, and [[Nicky Kelly]] in 1992.<ref>[https://www.oireachtas.ie/en/debates/debate/dail/1993-11-30/20/ Criminal Procedure Bill, 1993: Report Stage] {{Webarchive|url=https://web.archive.org/web/20181118205825/https://www.oireachtas.ie/en/debates/debate/dail/1993-11-30/20/ |date=18 November 2018 }} Dáil debates, 30 November 1993</ref> The current procedure is specified by Section 7 of the Criminal Procedure Act, 1993.<ref>[http://www.irishstatutebook.ie/1993/en/act/pub/0040/sec0007.html Petition for grant of pardon.] {{Webarchive|url=https://web.archive.org/web/20120119040704/http://www.irishstatutebook.ie/1993/en/act/pub/0040/sec0007.html |date=19 January 2012 }} Criminal Procedure Act, 1993; Irish Statute Book</ref> There were plans in 2005 for paramilitary [[fugitive]]s to receive pardons as part of the [[Northern Ireland peace process]], to supplement the 1998 early release of serving prisoners after the [[Good Friday Agreement]].<ref>{{cite news|url=http://www.rte.ie/news/2005/1109/northpolitics.html?rss|title=McCabe suspects excluded, says McDowell|date=9 November 2005|work=RTÉ News|access-date=20 December 2010|archive-date=19 January 2012|archive-url=https://web.archive.org/web/20120119040126/http://www.rte.ie/news/2005/1109/northpolitics.html?rss|url-status=live}}</ref> This was controversial and was soon abandoned along with similar British proposals.<ref>[http://debates.oireachtas.ie/dail/2005/11/30/00003.asp#N16 Leaders' Questions.] {{Webarchive|url=https://web.archive.org/web/20120919165554/http://debates.oireachtas.ie/dail/2005/11/30/00003.asp#N16 |date=19 September 2012 }} Dáil debates, 30 November 2005</ref><ref>{{cite news|url=https://www.bloomberg.com/apps/news?pid=newsarchive&sid=aKznwvpYpg1g&refer=uk|title=Sinn Féin Withdraws Support for Amnesty Legislation|date=21 December 2005|work=[[Bloomberg L.P.]]|access-date=20 December 2010|archive-date=6 November 2012|archive-url=https://web.archive.org/web/20121106043119/http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aKznwvpYpg1g&refer=uk|url-status=live}}</ref><ref>{{cite news|url=https://pqasb.pqarchiver.com/smgpubs/access/967134281.html?dids=967134281:967134281&FMT=ABS&FMTS=ABS:FT&type=current&date=Jan+12%2C+2006&author=MICHAEL+SETTLE+CHIEF+UK+POLITICAL+CORRESPONDENT&pub=The+Herald&desc=Hain+drops+amnesty+for+fugitive+killers+U-turn+over+Northern+Ireland+plan+to+free+terrorists&pqatl=google|title=Hain drops amnesty for fugitive killers; U-turn over Northern Ireland plan to free terrorists|last=Settle|first=Michael|date=12 January 2006|work=The Herald|page=11|access-date=20 December 2010|location=Glasgow|archive-date=13 January 2012|archive-url=https://web.archive.org/web/20120113052735/http://pqasb.pqarchiver.com/smgpubs/access/967134281.html?dids=967134281:967134281&FMT=ABS&FMTS=ABS:FT&type=current&date=Jan+12%2C+2006&author=MICHAEL+SETTLE+CHIEF+UK+POLITICAL+CORRESPONDENT&pub=The+Herald&desc=Hain+drops+amnesty+for+fugitive+killers+U-turn+over+Northern+Ireland+plan+to+free+terrorists&pqatl=google|url-status=dead}}</ref> Power of commutation and remittance are not restricted to the president,<ref name="O'Mahony2002">{{cite book|last=O'Mahony|first=Paul|title=Criminal justice in Ireland|url=https://books.google.com/books?id=zx422jZOYfkC&pg=PA84|access-date=20 December 2010|date=March 2002|publisher=Institute of Public Administration|isbn=978-1-902448-71-8|pages=84–5|archive-date=6 May 2016|archive-url=https://web.archive.org/web/20160506010619/https://books.google.com/books?id=zx422jZOYfkC&pg=PA84|url-status=live}}</ref> though this was the case for [[capital punishment in Ireland|death sentences handed down prior to the abolition of capital punishment]].<ref>{{cite web|url=http://www.refcom.ie/en/Pastreferendums/AbolitionoftheDeathPenalty/ReferendumCommissionexplanatoryleafletProposedchangestothearticlesintheConstitutionrelatingtotheDeathPenalty/|title=explanatory leaflet Proposed changes to the articles in the Constitution relating to the Death Penalty|year=2001|publisher=Referendum Commission|access-date=20 December 2010|archive-date=14 June 2011|archive-url=https://web.archive.org/web/20110614101553/http://www.refcom.ie/en/Pastreferendums/AbolitionoftheDeathPenalty/ReferendumCommissionexplanatoryleafletProposedchangestothearticlesintheConstitutionrelatingtotheDeathPenalty/|url-status=live}}</ref>

===Statutory functions===
;Appoints certain state officials: The president appoints, on the advice of the government, the Senior Professors and chairman of the council of the [[Dublin Institute for Advanced Studies]];<ref>[http://www.irishstatutebook.ie/1940/en/act/pub/0013/ Institute For Advanced Studies Act, 1940] {{webarchive|url=https://web.archive.org/web/20120119213100/http://www.irishstatutebook.ie/1940/en/act/pub/0013/ |date=19 January 2012 }} Irish Statute Book</ref> the governor of the [[Central Bank of Ireland]];<ref>[http://www.irishstatutebook.ie/1942/en/act/pub/0022/ Central Bank Act, 1942] {{webarchive|url=https://web.archive.org/web/20120119143057/http://www.irishstatutebook.ie/1942/en/act/pub/0022/ |date=19 January 2012 }} Irish Statute Book</ref> the members of the Irish Financial Services Appeals Tribunal;<ref>[http://www.irishstatutebook.ie/2003/en/act/pub/0012/ Central Bank and Financial Services Authority of Ireland Act 2003] {{webarchive|url=https://web.archive.org/web/20120119183916/http://www.irishstatutebook.ie/2003/en/act/pub/0012/ |date=19 January 2012 }} Irish Statute Book</ref> the [[Ombudsman#Ireland|Ombudsman]];<ref>[http://www.irishstatutebook.ie/1980/en/act/pub/0026/ Ombudsman Act, 1980] {{webarchive|url=https://web.archive.org/web/20120119073618/http://www.irishstatutebook.ie/1980/en/act/pub/0026/ |date=19 January 2012 }} Irish Statute Book</ref> and the members of the [[Garda Síochána Ombudsman Commission]].<ref>[http://www.irishstatutebook.ie/2005/en/act/pub/0020/ Garda Síochána Act 2005] {{webarchive|url=https://web.archive.org/web/20120119191052/http://www.irishstatutebook.ie/2005/en/act/pub/0020/ |date=19 January 2012 }} Irish Statute Book</ref>
;Appoints Chester Beatty Library trustee: The president appoints one [[trustee]] to the [[Chester Beatty Library]]. This was specified in [[Chester Beatty]]'s will and given effect by a 1968 Act of the Oireachtas.<ref>[http://www.irishstatutebook.ie/1968/en/act/pub/0010/print.html Chester Beatty Library Act, 1968] {{Webarchive|url=https://web.archive.org/web/20120119163623/http://www.irishstatutebook.ie/1968/en/act/pub/0010/print.html |date=19 January 2012 }} Irish Statute Book</ref>
;Presides over Irish Red Cross Society: The president is ''ex officio'' president of the [[Irish Red Cross|Irish Red Cross Society]].<ref>[http://www.irishstatutebook.ie/1944/en/act/pub/0020/print.html Red Cross Act, 1944] {{Webarchive|url=https://web.archive.org/web/20120119074900/http://www.irishstatutebook.ie/1944/en/act/pub/0020/print.html |date=19 January 2012 }} [[Irish Statute Book]]</ref>
;Acts as Patron of Gaisce - The President's Award: The president is ''ex officio'' [[patron]] of [[Gaisce – The President's Award]], established by [[Trust instrument|trust deed]] in 1985.<ref>[http://www.irishstatutebook.ie/1985/en/act/pub/0010/sec0016.html Finance Act, 1985; §16: Gifts to the President's Award Scheme] {{Webarchive|url=https://web.archive.org/web/20120119130319/http://www.irishstatutebook.ie/1985/en/act/pub/0010/sec0016.html |date=19 January 2012 }} Irish Statute Book</ref>

===Civic functions===
;Acts as Patron of Clans of Ireland: The president is patron of [[Clans of Ireland]], including its Order of Merit, since he so agreed in January 2012.<ref>{{cite web|url = http://www.clansofireland.ie/baile/Patron | website =  clansofireland.ie | archive-url = https://web.archive.org/web/20130726010549/http://www.clansofireland.ie/baile/Patron|archive-date=26 July 2013 | title = Patron }}</ref>
;Awards the dignity of Saoi for life: The president confers the title of [[Saoi]] for life on those so elected from among the existing membership of [[Aosdána]], a state-supported association of Irish creative artists. The title is the highest honour bestowed by the organization. There are at most seven living Saoithe at any time;<ref name=saoi>{{cite web |title=Saoi Award and Nomination Process |url=http://aosdana.artscouncil.ie/Saoi.aspx |access-date=2008-05-13 }}</ref> a limit increased from five in 2007–08.<ref name="pr20070711">{{cite web|url=http://www.artscouncil.ie/News/President-of-Ireland-Mary-McAleese-honours-the-artist-Patrick-Scott-at-a-special-Aosdana-ceremony/|title=President of Ireland Mary McAleese honours the artist Patrick Scott at a special Aosdána ceremony|date=11 July 2007|publisher=Arts Council of Ireland|access-date=5 February 2015|quote=Members of Aosdána may receive this honour of distinction in the arts, known as Saoi, and not more than five artists may hold this honour at any one time.}}</ref>
;Supports various charities: The president serves as a patron to myriad charities in Ireland. The charities ultimately supported vary from president to president and are in keeping with the president's vision and theme for their presidency.

===Special limitations===
*The president may not leave the state without the consent of the government.<ref name="coiart12-9">Constitution of Ireland: Article 12.9</ref>
*Every formal address or message "to the nation" or to either or both Houses of the Oireachtas must have prior approval of the government.<ref>Constitution of Ireland: Article 13.7</ref> Other than on these two (quite rare) occasions, there is no limitation on the president's right to speak. While earlier presidents were exceptionally cautious in delivering speeches and on almost every occasion submitted them for vetting, [[Mary Robinson]] and [[Mary McAleese]] made much more use of their right to speak without government approval, with McAleese doing many live television and radio interviews. Nonetheless, by convention presidents refrain from direct criticism and commentary of the government.