Article 39

Background and evolution

Article 39 is one of the most socialist-leaning provisions of the Constitution. Drawing on the Irish Constitution and the ideas of a welfare state, it sets out principles of economic justice that the State should follow in making policy. Its clauses (b) and (c) became the basis for nationalisation, land reform and other redistributive laws in the decades after independence.

In 1971 the 25th Amendment inserted Article 31C, which protected laws giving effect to Article 39(b) and (c) from challenge under Articles 14 and 19. In Kesavananda Bharati (1973), the Supreme Court upheld this protection but struck down the part that barred courts from checking whether a law really gave effect to these principles. The 42nd Amendment later tried to extend Article 31C to all Directive Principles, but Minerva Mills (1980) struck that down.

Key features and provisions

• Clause (a): adequate means of livelihood for men and women equally.
• Clause (b): ownership and control of the material resources of the community distributed to best serve the common good.
• Clause (c): the economic system should not lead to concentration of wealth and means of production to the common detriment.
• Clause (d): equal pay for equal work for men and women.
• Clause (e): health and strength of workers and children should not be abused, and no one should be forced by economic need into unsuitable work.
• Clause (f): children should have opportunities to develop in freedom and dignity (wording revised in 1976).
• Article 39A: equal justice and free legal aid, added by the 42nd Amendment.