In announcing her nominees to the Council of State this week, Catherine Connolly has discharged one of the key formal duties of her office. Alongside the seven members named by the President, the council also includes a number of ex-officio members, including the Taoiseach, Tánaiste, Chief Justice and Attorney General, as well as former presidents and taoisigh. 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.
The President’s predecessors tended to select nominees from the worlds of business, academia, social advocacy and politics. Connolly’s choices are drawn more from the ranks of legal experts with backgrounds in human rights and equality legislation, along with advocates for the Irish language, reflecting her own background as a practising barrister and the messaging of her election campaign.
The selection puts paid to predictions from some political opponents who warned it might include controversial figures such as former MEPs Clare Daly and Mick Wallace. It is, instead, like most of her actions since her inauguration, measured, careful and consistent with her policy priorities.
Those who anticipate a more interventionist presidency on constitutional matters are likely to be disappointed. 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. This power has been used only 16 times across nine decades. The last piece of legislation referred and found unconstitutional dates back to 2005, while Michael D Higgins invoked Article 26 just once during his two terms. A significant disincentive is that if the Supreme Court upholds a referred Bill, it becomes immune from future constitutional challenge.
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The reality is that the council, like the presidency itself, is largely ceremonial. The power of a modern Irish president, such as it is, lies in the softer arts of moral persuasion and keeper of the national conscience.
*This article was amended on April 1st and April 2nd 2026. Earlier versions stated that President Michael D Higgins did not refer any Bills to the Supreme Court, and that the last referral found unconstitutional was in 1999.
