President of Ireland - Discretionary Powers

Discretionary Powers

The President possesses the following powers exercised "in his absolute discretion" according to the English version of the Constitution. The Irish version states that these powers are exercised as a chomhairle féin which is usually translated as "under his own counsel." In the event of a clash between the Irish and English versions of the constitution, the Irish one is given supremacy. Lawyers have suggested that a clash may exist in this case between both versions of the constitution. While "absolute discretion" appears to leave some freedom for manoeuvre for a president in deciding whether to initiate contact with the opposition, "own counsel" has been interpreted by some lawyers as suggesting that no contact whatsoever can take place. As a result of this clash, it is considered controversial for the president to be contacted by the leaders of any political parties in an effort to influence a decision made using the discretionary powers. It is required that, before exercising certain reserve powers, the President consult the Council of State. However, the President is not compelled to act in accordance with the council's advice.