The Irish president is recognised by the public as an important symbol of unity and identity.
There is strong attachment to the office as represented by the high approval ratings for Michael D Higgins, about to finish his second term, and the heightened interested in who will succeed him as the 10th president.
The office of president was one of the innovations in the new Constitution in 1937. There were mixed views about having a president. Some were concerned that Éamon de Valera was establishing the presidency so that he could assume dictatorial rule, which was not so outlandish given the wider political context in Europe in the late 1930s.
Ultimately, however, these fears proved unfounded.
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The powers of the office in the Constitution are strictly limited. The Irish president is to be a symbolic figure with a limited political role and no involvement in day-to-day governing. The taoiseach is the head of government, while the president is the head of state.
The Constitution outlines a number of powers for the president, although these are relatively minor, and most have never been used. Two powers are important, and they can have real impact.
First, the president can withhold a dissolution of the Dáil when requested to by a taoiseach who has lost the confidence of the Dáil. Normally, when a taoiseach advises the president to dissolve the Dáil, a general election follows. But, if an alternative government can be formed, the president can respond to that wider political scenario and decline to allow an election to be called. This power has never been explicitly used, although in 1982 and in 1994, the then-presidents let it be known how they were likely to respond if asked to dissolve the Dáil.
Second, the president can refer a Bill to the Supreme Court to test its constitutionality. Normally, when legislation is passed by the Oireachtas, the president signs it into law. But if there are questions about the constitutionality of the legislation, the president can refer it to the Supreme Court for a decision.
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The president first discusses the issue with the Council of State, an advisory body, but the decision is ultimately the president’s to make. Since 1938, this power has been used 16 times, most recently by President Higgins in relation to the Defence (Amendment) Bill in 2024, and on seven occasions over the years the legislation has been struck down by the Supreme Court.
The nomination process to be a presidential candidate is restrictive. Interested candidates need to have the backing of either 20 members of the Oireachtas or the support of four local councils. An outgoing president can also self-nominate for a second term.
As has been seen in recent weeks, presidential elections can be brutal for the candidates. In truth, all recent presidential campaigns show that these contests are no place for a political novice. When it comes to selecting a president, voters are less interested in policy or ideology.
The main qualities and characteristics they look for in a presidential candidate include honesty and integrity, experience and qualification for the role, and someone who will represent Ireland well.
There has been periodic discussion about reforming the presidency, including changing the nomination system and giving the president more powers. But there has been limited appetite for these proposals. In 2015, for instance, voters rejected by 73 per cent to 27 per cent a proposal to change the Constitution to reduce the age limit for presidential candidates from 35 years (the current situation) to 21 years.
- Kevin Rafter is Full Professor of Political Communication at DCU and editor (with John Coakley) of The Irish Presidency.
