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). In this capacity, the president is the sole figure in Ireland's constitutional architecture with the power to
enact and
promulgate primary legislation. However, unlike most
parliamentary republics, the president is not designated as the
nominal chief executive. Rather, executive authority in Ireland is expressly vested in the
Government (informally known as "Cabinet") by Article 28.2 of the Constitution. For this reason, most of the president's routine functions may be performed only in accordance with the strict instructions of the Constitution, or on the binding
advice of the Government. The taoiseach is nevertheless obliged by Article 28.5 to keep the president generally informed on matters of foreign and domestic policy. During these audiences, the president may consult, encourage, and warn the Government on any matter of public business – a right enjoyed by other heads of state operating in the
Westminster tradition. Likewise, the president does possess certain personal powers that may be exercised discretionarily. Said reserve powers are discussed in the subsequent section.
Constitutional functions greets US President
Barack Obama at
Áras an Uachtaráin The ministerial duties mandated by the Constitution are as follows: ;Appoint the Government: The
taoiseach (that is, Ireland's
head of government) and
ministers altogether comprise the
Government, Ireland's
central executive authority. The president formally appoints the members of the Government, 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 ministers are appointed upon the advice of the taoiseach and with approval of the Dáil; as with appointing the taoiseach, the president is required to make the appointment without the right to appoint someone else. Ministers are dismissed on the advice of the taoiseach and the taoiseach must, unless there is a dissolution of the Dáil, resign upon
losing the confidence of the house. ;Appoint judges: The president appoints judges to all
courts in Ireland. Said appointments are made on the advice of the Government via the
Minister for Justice. ;Convene and dissolve the Dáil: The president convenes and dissolves the Dáil, a power which is exercised on the advice of the taoiseach; Government or Dáil approval is not needed. The president may only refuse a
dissolution when a taoiseach has lost the confidence of the Dáil. ;Represent Ireland abroad: The president is responsible for representing the state in foreign affairs, a power which is exercised only on the advice of the Government via the
Minister for Foreign Affairs. The president accredits Irish ambassadors abroad, receives the
letters of credence of foreign diplomats, and both pays and accepts
state visits. 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. ;Exercise the prerogative of mercy: The president has "the right of
pardon and the power to
commute or remit punishment". This function is exercised on the advice of the Government via the
Minister for Justice. Pardon, for
miscarriages of justice, has applied rarely: Thomas Quinn in 1940, Brady in 1943, and
Nicky Kelly in 1992. The current procedure is specified by Section 7 of the Criminal Procedure Act, 1993. There were plans in 2005 for paramilitary
fugitives 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. This was controversial and was soon abandoned along with similar British proposals. The power of commutation and remittance are not restricted to the president, though this was the case for
death sentences handed down prior to the abolition of capital punishment.
Statutory functions with the Chief Justice and Presidents of the Supreme Courts of Ireland In additional to constitutional mandates, the president: ;Appoints certain state officials: The president appoints various statutory officers on the advice of the Government, including the chairman of the council and senior professors of the
Dublin Institute for Advanced Studies; the governor of the
Central Bank of Ireland; the members of the Irish Financial Services Appeals Tribunal; and the members of the
Garda Síochána Ombudsman Commission. The president also appoints, on the nomination of both Houses of the Oireachtas, the
Ombudsman. ;Appoints a 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. ;Serves as head of certain statutory charities: The president is
ex officio president of the
Irish Red Cross Society. The president is likewise
ex officio patron of
Gaisce – The President's Award, established by
trust deed in 1985.
Civic functions Constitutional and statutory functions aside, the president also: ;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 organisation. There are at most seven living Saoithe at any time; a limit increased from five in 2007–08. ;Supports myriad 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. • Every formal address or message "to the nation" or to either or both Houses of the Oireachtas must have prior approval of the Government. 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,
Mary McAleese, and
Michael D. Higgins 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.{{Cite web|url=https://www.irishexaminer.com/news/arid-40896065.html|author=Sean Murray|title=Explainer: What are the powers — and limits — of the President? ==Reserve powers==