Bunreacht Na hÉireann: A Study Of The Irish Text by Micheál Ó Cearúil *
Wise Up Journal
16.10.2008
Foreword Note :
If you ever find yourself in a situation in court, with a Gardai or any other Irish Authority, it is of paramount importance that you know which Constitution and what articles to invoke. What many people do not realise is that written within our Irish Constitution is an article that states in any matter of conflict the Irish language text will prevail over the English language text.
Bunreacht Na hÉireann: A Study Of The Irish Text by Micheál Ó Cearúil (1999)
With that, below is the full literal English translation of the Irish Text.
Bunreacht Na hÉireann: A Study Of The Irish Text by Micheál Ó Cearúil
THE NATION
ARTICLE 1
LITERAL ENGLISH TRANSLATION
The nation of Ireland hereby affirm(s)/certif(y)(ies) their
unassignable/inalienable, invincible/conclusive, sovereign/
commanding right to establish whatever type of Government
they themselves choose, to determine their relationship/
relations with other nations, and to promote their
political and economic and learned life in accordance with
the nature / natural bent and practices of their ancestors.
ARTICLE 2
LITERAL ENGLISH TRANSLATION
The island of Ireland entirely, along with its islands and
its bordering/territorial seas, is the national territories/
territory.
ARTICLE 3
LITERAL ENGLISH TRANSLATION
Until the national territories are made complete again,
and without prejudice to the right of the Parliament and
the Government that is established by this Constitution to
operate jurisdiction in all the national territories, the laws
that will be enacted by that Parliament will apply/relate
to the same area as the laws of the Irish Free State applied/
related to, and they will have the same effect outside of
that area as the laws of the Irish Free-State had.
THE STATE
ARTICLE 4
LITERAL ENGLISH TRANSLATION
Éire is the name of the State or, in the English tongue,
Ireland.
ARTICLE 5
LITERAL ENGLISH TRANSLATION
Ireland is a sovereign/commanding, independent, democratic
State.
ARTICLE 6.1
LITERAL ENGLISH TRANSLATION
It is from the people, under God, that every power of
rule, both legislation and fulfilment and judgement, comes
and it is the people who have the right to appoint the
rulers of the State, and it is up to / rests with the people
finally to settle every question regarding the policies of
the Nation in accordance with what is necessary for the
welfare of the people.
ARTICLE 6.2
LITERAL ENGLISH TRANSLATION
It is by the organs of State / State organs that are established
by this Constitution, and by those alone or by/with their
authority, that those powers of rule can be operated.
ARTICLE 7
LITERAL ENGLISH TRANSLATION
The flag of three colours i.e. green, white, and orange,
(is) the national emblem/flag.
ARTICLE 8.1
LITERAL ENGLISH TRANSLATION
As/since (the) Irish (language) is / Irish being the national
language it is the principal official language.
ARTICLE 8.2
LITERAL ENGLISH TRANSLATION
The English tongue is accepted as another official
language.
ARTICLE 8.3
LITERAL ENGLISH TRANSLATION
But provision may be made by law for either of those
two languages to be a single language for any official
businesses or business throughout the whole State or in
any part of it.
ARTICLE 9.1.1O
LITERAL ENGLISH TRANSLATION
On the coming into operation of this Constitution anybody
who was a citizen of the Irish Free State immediately before
the coming into operation of this Constitution is a citizen
of Ireland.
ARTICLE 9.1.2O
LITERAL ENGLISH TRANSLATION
It is in accordance with law that (the) getting/receiving
and (the) losing/loss (of) Irish nationality and citizenship
will henceforth be determined.
ARTICLE 9.1.3O
LITERAL ENGLISH TRANSLATION
It is not permitted to withhold Irish citizenship and
nationality from any person because that person is male
or female.
ARTICLE 9.2
LITERAL ENGLISH TRANSLATION
It is a basic political duty on each/every citizen to be
faithful/true to the nation and loyal/steadfast to the State.
ARTICLE 10.1
LITERAL ENGLISH TRANSLATION
All potential natural wealth, along with the air and all
potential energy, (of that) which is under the jurisdiction
of the Parliament and the Government that is established
by this Constitution, along with every royalty and
exemption/franchise that is under that jurisdiction, they
all belong to the State, without prejudice to whatever
estates and interests that lawfully belong to any person or
to any group at present.
ARTICLE 10.2
LITERAL ENGLISH TRANSLATION
Every land and every mine, mineral, and water which
belonged to the Irish Free State immediately before the
coming into operation of this Constitution (they) all belong
to the State to the extent that they belonged to the Irish
Free State at that time.
ARTICLE 10.3
LITERAL ENGLISH TRANSLATION
Provision may be made by law to manage / to undertake
the management of the wealth/property that belongs to
the State by virtue of this Article, and to regulate/control
the permanent alienation/assignment or the temporary
alienation/assignment of that wealth/property.
ARTICLE 10.4
LITERAL ENGLISH TRANSLATION
Provision may be made by law, moreover, to undertake
the management of land, mines, minerals and waters which
will come into the possession of the State after the coming
into operation of this Constitution, and to regulate/control
the permanent alienation/assignment or the temporary
alienation/assignment of the land, the mines, the minerals
and the waters which will thus come into its possession.
ARTICLE 11
LITERAL ENGLISH TRANSLATION
All the rent of the State whatever its origin, except that
part of it of which an exception is made by law, must be
put into one single fund and appropriated for the purposes
and in the manner, that is decided by law and within the
scope/constraint of the charges/burdens and the liabilities
that are levied by law.
THE PRESIDENT
ARTICLE 12.1
LITERAL ENGLISH TRANSLATION
Ireland will have a President / There will be a President
of Ireland (i.e. the President of Ireland), who is called the
President henceforth in this Constitution; he will have
precedence over everybody in the State, and he must
operate/exercise and perform the powers and the functions
that are given to the President by this Constitution and by
law.
ARTICLE 12.2.1O
LITERAL ENGLISH TRANSLATION
(It is) by simple/unqualified direct vote of the people that
the President will be elected.
ARTICLE 12.2.2O
LITERAL ENGLISH TRANSLATION
Every citizen who has a right to vote in an election for
members of Dáil Éireann, (he) will have a right to vote in
an election for the President.
ARTICLE 12.2.3O
LITERAL ENGLISH TRANSLATION
It is by secret ballot and in accordance with proportional
representation and by the method of the single transferable
vote that the voting will be done.
ARTICLE 12.3.1O
LITERAL ENGLISH TRANSLATION
The President will hold office for seven years from the
day (he) enters into (the responsibility of) / takes up (the
duty of) his office unless it happens before the end of
that term that (he) dies or (that he) relinquishes office or
that he is put out of office, or that permanent disablement/
derangement/misguidance seizes him and that (that) is
established to the satisfaction of the Supreme Court while/
being composed of at least five judges.
ARTICLE 12.3.2O
LITERAL ENGLISH TRANSLATION
A person who is or who was a President, (he) is / shall be
electible to that office one (single) other time, but that is
all.
ARTICLE 12.3.3O
LITERAL ENGLISH TRANSLATION
An election for the office of (the) President must be held
on a day not later than the date of the end of the term of
office of each particular President and not earlier than the
sixtieth day before that date, but if the President is put
out of office, or if (before he enters into the responsibility /
takes up the duty of his office or after that) he happens to
die or resign or permanent disability/misguidance/
derangement established as said seizes him, an election
for the office of (the) President must be held within sixty
days after that thing happens.
ARTICLE 12.4.2O
LITERAL ENGLISH TRANSLATION
Every candidate for the office of (the) President, other
than a person who is or who was a President already, it is
from the following that his nomination must come:
i at least twenty people and each (individual) one/
person of them a member, at the time, of a House
/ one of the Houses of the Oireachtas, or
ii the Councils of at least four administrative Counties
(including County Boroughs) as defined/expounded
by law.
ARTICLE 12.4.3o
LITERAL ENGLISH TRANSLATION
No person and no Council of them is permitted to
participate in the nomination of more than a single
candidate for the office of (the) President in the same
election.
ARTICLE 12.4.4O
LITERAL ENGLISH TRANSLATION
Any person who is or who was a President may nominate
himself for the office of (the) President. / It is open to any
person who is or who was a President to nominate himself
for the office of (the) President.
ARTICLE 12.4.5O
LITERAL ENGLISH TRANSLATION
When only one candidate is nominated for the office of
(the) President, it is not necessary to vote in order to elect
him. / a ballot / voting to elect him is not a necessity.
ARTICLE 12.5
LITERAL ENGLISH TRANSLATION
Within the scope/constraint of the provisions of this Article
it is by law that elections to the office of (the) President
will be regulated/controlled.
ARTICLE 12.6.1O
LITERAL ENGLISH TRANSLATION
The President is not permitted to be a member of Dáil
Éireann nor of Seanad Éireann.
ARTICLE 12.6.2O
LITERAL ENGLISH TRANSLATION
If a member of either of the Houses of the Oireachtas is
elected to be/become President, it must be deemed that
he has relinquished / parted with membership of that
House.
ARTICLE 12.6.3O
LITERAL ENGLISH TRANSLATION
The President is not permitted to have any office or post
of emolument/benefit except his Presidential office.
ARTICLE 12.7
LITERAL ENGLISH TRANSLATION
The first President must enter into the responsibility of
his office as soon as possible after he has been elected,
and every President after that must enter into the
responsibility of his office the day after the end of the
term of office of his predecessor or as soon as possible
after that or, if his predecessor (either) happens to be put
out of office or dies or resigns from office or else that
permanent (mental) disorder/misguidance/incapacity
seizes him and that that is established as is provided by
section 3 of this Article, as soon as possible after the
election.
ARTICLE 12.8
LITERAL ENGLISH TRANSLATION
The way the President will enter into the responsibility of
his office is by publicly making the following declaration
and putting his hand to it in the presence of members of
both Houses of the Oireachtas, and judges of the Supreme
Court and of the High Court and other public gentry/
dignitaries:-
“
In the presence of God the Almighty, I, , am
solemnly and truly promising and declaring to be a support
and shelter to the Constitution of Ireland, and to preserve
its laws, to fulfil my duties faithfully and conscientiously
in accordance with the Constitution and the law, and to
do my utmost for the welfare and service of the people of
Ireland. God direct me and protect me.
”
ARTICLE 12.9
LITERAL ENGLISH TRANSLATION
The President is not permitted to leave the State while he
is in office, except with the will of the Government.
ARTICLE 12.10.1O
LITERAL ENGLISH TRANSLATION
The President may/can be impeached for / on account of
misconduct/misbehaviour that will be cited/stated.
ARTICLE 12.10.2O
LITERAL ENGLISH TRANSLATION
(It is) either of the Houses of the Oireachtas that will make
the charge/accusation and it is within the scope/constraint
of and according to (the) provisions of this section that it
will be made.
ARTICLE 12.10.3O
LITERAL ENGLISH TRANSLATION
If it is offered/proposed to either of the Houses of the
Oireachtas to take/bring a case against the President under
this section it is not permitted to heed that proposal/motion
except as a result of a written notice of proposal/motion
signed by / under the hand of at least thirty members of
that House.
ARTICLE 12.10.4O
LITERAL ENGLISH TRANSLATION
Neither of the Houses of the Oireachtas is permitted to
accept any such proposal/motion except as a result of a
resolution from that House which will have the support
of at least two-thirds of its full membership.
ARTICLE 12.10.5O
LITERAL ENGLISH TRANSLATION
If either of the Houses of the Oireachtas makes a charge/
accusation under this section the other House must
examine the charge/case or have the charge/case
examined.
ARTICLE 12.10.6O
LITERAL ENGLISH TRANSLATION
The President will have the right to be present and to
have advocates/pleaders with him at that examination.
ARTICLE 12.10.7O
LITERAL ENGLISH TRANSLATION
If the result of that examination is that a resolution is
passed, with the support of at least two-thirds of the full
membership of the House of the Oireachtas that examined
the case or had the case examined, declaring that the
case that was brought against the President was established
and, the misconduct/misbehaviour which caused the
charge, that it is misbehaviour because of which the
President is unsuitable to remain in (possession of) office,
the function of that resolution is to put the President out
of office.
ARTICLE 12.11.1O
LITERAL ENGLISH TRANSLATION
The President will have a state-home in Dublin city or
near it.
ARTICLE 12.11.2O
LITERAL ENGLISH TRANSLATION
The President will get benefits/emoluments and allowances
as will be determined by law.
ARTICLE 12.11.3O
LITERAL ENGLISH TRANSLATION
It is not permitted to reduce the benefits/emoluments nor
the allowances of the President while he is in office.
ARTICLE 13.1.1O
LITERAL ENGLISH TRANSLATION
The President will appoint the Taoiseach i.e. the Head of
Government or the Prime Minister, on his having been
nominated by Dáil Éireann.
ARTICLE 13.1.2O
LITERAL ENGLISH TRANSLATION
On their having been nominated by the Taoiseach, with
the agreement of Dáil Éireann beforehand, the President
will appoint the other members of the Government.
ARTICLE 13.1.3O
LITERAL ENGLISH TRANSLATION
On the advice of the Taoiseach the President must accept
any member of the Government giving up office, or any
member of the Government being put out of office. / or
put any member of the Government out of office.
ARTICLE 13.2.1O
LITERAL ENGLISH TRANSLATION
It is the President, on the advice of the Taoiseach, who
will convene and dissolve Dáil Éireann.
ARTICLE 13.2.2O
LITERAL ENGLISH TRANSLATION
The President can, in his own judgement, refuse to dissolve
Dáil Éireann on the advice of a Taoiseach of whom a
majority in Dáil Éireann do not continue to be in support.
ARTICLE 13.2.3O
LITERAL ENGLISH TRANSLATION
The President can at any time, after taking advice with
the Council of State, convene either of the Houses of the
Oireachtas, or both of them.
ARTICLE 13.3.1O
LITERAL ENGLISH TRANSLATION
Each Bill that is passed or deemed to have been passed
by the two Houses of the Oireachtas (it) must have the
signature of the President to it (in order) to enact it into
(a) law.
ARTICLE 13.3.2O
LITERAL ENGLISH TRANSLATION
Every law that / of those which the Oireachtas makes the
President must promulgate it.
ARTICLE 13.4
LITERAL ENGLISH TRANSLATION
With this the Defence Forces are put under the highcommand
of the President.
ARTICLE 13.5.1O
LITERAL ENGLISH TRANSLATION
The high-command over/of the Defence Forces it is by
law that the manner in which it will be operated will be
regulated/controlled.
ARTICLE 13.5.2O
LITERAL ENGLISH TRANSLATION
It is from the President that every vocational/professional
officer of the Defence Forces will have his calling/
profession.
ARTICLE 13.6
LITERAL ENGLISH TRANSLATION
With this the President is given a right of pardon/absolving,
and power to mitigate or to remit a punishment which is
imposed on people in any court of criminal jurisdiction,
but, apart from cases of death-sentence, that power of
mitigation or remission may also be given by law to other
authorities.
ARTICLE 13.7.1O
LITERAL ENGLISH TRANSLATION
The President may, after taking advice with the Council
of State, put a message or address before the Houses of
the Oireachtas on any thing which has national importance
or public importance.
ARTICLE 13.7.2O
LITERAL ENGLISH TRANSLATION
The President may at any time, after taking advice with
the Council of State, put an address before the Nation
regarding anything of that kind.
ARTICLE 13.7.3O
LITERAL ENGLISH TRANSLATION
But in each of those cases the Government must be
satisfied beforehand with the message or the address.
ARTICLE 13.8.1O
LITERAL ENGLISH TRANSLATION
The President is not answerable to any House of the
Oireachtas nor to any court in the operation and in the
fulfilment of the powers and functions of his office nor in
any deed which he does or which gives to understand
that it is a deed he does in the operation and in the
fulfilment of those powers and functions.
ARTICLE 13.8.2O
LITERAL ENGLISH TRANSLATION
But the conduct of the President can be put under review
in either of the Houses of the Oireachtas for the purposes
of section 10 of Article 12 of this Constitution, or by any
court, tribunal or body which will be appointed or
nominated by either of the Houses of the Oireachtas to
examine a case under section 10 of that Article.
ARTICLE 13.9
LITERAL ENGLISH TRANSLATION
Apart from a case where it is provided by this Constitution
that the President will act from his own counsel, or after
taking counsel with the Council of State, or that he will
act upon something relating to the Council of State, or on
the advice or nomination of any other group or person,
or upon receipt of any other news from any other group
or person, it is only on the advice of the Government
(that) the President is permitted to operate and fulfil the
powers and the functions that are given to him by this
Constitution.
ARTICLE 13.10
LITERAL ENGLISH TRANSLATION
Within the constraint/scope of this Constitution further
powers and functions may be given to the President by
law.
ARTICLE 13.11
LITERAL ENGLISH TRANSLATION
The President is not permitted to operate nor to fulfil any
power or function (of those) which are granted to him by
law except on the advice of the Government.
ARTICLE 14.1
LITERAL ENGLISH TRANSLATION
If the President is absent or if (he) is temporarily incapacitated/
deranged, or if (he) is permanently incapacitated/
deranged and that this is established as provided by section
3 of Article 12 of this Constitution, or if it happens that he
dies or he gives up / relinquishes office or (he) is put out
of office, or if he fails to operate and fulfil the powers and
functions of his office or any one of them, or if the office
of the President is vacant, it is a Commission which will
be composed as provided in section 2 of this Article that
will operate and fulfil the powers and the functions that
are bestowed on the President by this Constitution or
under it.
ARTICLE 14.2.1O
LITERAL ENGLISH TRANSLATION
The following people are the Commission, i.e. the Chief
Justice, the Chairman of Dáil Éireann (The Ceann
Comhairle) and the Chairman of Seanad Éireann.
ARTICLE 14.2.2O
LITERAL ENGLISH TRANSLATION
The President of the High Court will act as a member of
the Commission instead of the Chief Justice any time that
the office of the Chief Justice is vacant or that the Chief
Justice will not be / is not able to act.
ARTICLE 14.2.3O
LITERAL ENGLISH TRANSLATION
The Vice-Chairman of Dáil Éireann will act as a member
of the Commission instead of the Chairman of Dáil Éireann
any time that the office of the Chairman of Dáil Éireann is
vacant or that that Chairman will not be / is not able to
act.
ARTICLE 14.2.4O
LITERAL ENGLISH TRANSLATION
The Vice-Chairman of Seanad Éireann will act as a member
of the Commission instead of the Chairman of Seanad
Éireann any time that the office of the Chairman of Seanad
Éireann is vacant or that that Chairman will not be / is not
able to act.
ARTICLE 14.3
LITERAL ENGLISH TRANSLATION
It is lawful for the Commission to act through any two of
their number and to act despite a vacancy in their
membership.
ARTICLE 14.4
LITERAL ENGLISH TRANSLATION
The Council of State will be able/may, by/with a majority
of its members, to make whatever provision they deem
fit/proper to operate and to fulfil the powers and the
functions which are bestowed on the President by this
Constitution or under it in any case where provision is
not made for it by the preceding provisions of this Article.
ARTICLE 14.5.1O
LITERAL ENGLISH TRANSLATION
The provisions of this Constitution that relate to the
President operating and fulfilling the powers and the
functions that are conferred on him by this Constitution
218 The Constitution of Ireland Bunreacht na hÉireann
or under it they will relate, within the scope/constraint of
the following provisions of this section, to the operation
and to the fulfilment of those powers and functions under
this Article.
ARTICLE 14.5.2O
LITERAL ENGLISH TRANSLATION
If the President fails to operate or to fulfil any power or
function that he must, according to this Constitution or
under it, operate or fulfil by/within a stated time, it must
be operated or fulfilled under this Article as soon as
possible after the time so stated.
THE NATIONAL PARLIAMENT
ARTICLE 15.1.1O
CONSTITUTION AND POWERS
LITERAL ENGLISH TRANSLATION
The Oireachtas is the name of the National Parliament,
and that is what it is usually called in this Constitution.
ARTICLE 15.1.2O
LITERAL ENGLISH TRANSLATION
The Oireachtas consists of the President and two Houses:
a House of Representatives which is called Dáil Éireann,
and a Senate which is called Seanad Éireann.
ARTICLE 15.1.3O
LITERAL ENGLISH TRANSLATION
It is in the city of Dublin or in its vicinity, or wherever
else they decide from time to time, that the Houses of the
Oireachtas will sit.
ARTICLE 15.2.1O
LITERAL ENGLISH TRANSLATION
The only power to make laws for the State is hereby
given to the Oireachtas alone; no other legislative authority
whatsoever has power to make laws for the State.
ARTICLE 15.2.2O
LITERAL ENGLISH TRANSLATION
But provision may be made by law to set up or accept
sub-legislatures, and to lay out the powers and functions
of those sub-legislatures.
ARTICLE 15.3.1O
LITERAL ENGLISH TRANSLATION
The Oireachtas can make provision for the establishment
or acceptance of / to establish or accept executive and
vocational councils, which represent sections of the social/
societal life and of the economic life of the people.
ARTICLE 15.3.2O
LITERAL ENGLISH TRANSLATION
Any law establishing such a council or under which it is
accepted must have/contain an interpretation/clarification/
illustration of the rights, the powers and the duties of that
council, and moreover of its mutual relationship with the
Oireachtas and with the Government.
ARTICLE 15.4.1O
LITERAL ENGLISH TRANSLATION
The Oireachtas is not permitted to enact any law which
would be in any way against this Constitution or against
any provision of this Constitution.
ARTICLE 15.4.2O
LITERAL ENGLISH TRANSLATION
In the case of any law (of those) which the Oireachtas
enacts being in any way against this Constitution or against
any provision of this Constitution it will be without validity
to the extent that it will be against this Constitution and to
that extent alone.
ARTICLE 15.5
LITERAL ENGLISH TRANSLATION
The Oireachtas is not permitted to say that acts which
were not an infringement of law while they were being
done are an infringement of law.
ARTICLE 15.6.1O
LITERAL ENGLISH TRANSLATION
(It is) The Oireachtas alone (that) has the right to establish
and maintain military forces or armed forces.
ARTICLE 15.6.2O
LITERAL ENGLISH TRANSLATION
It is not / shall not be lawful to establish or maintain for
any purpose any military force or armed force whatsoever,
apart from a military force or an armed force which is
established and which is maintained by the Oireachtas.
ARTICLE 15.7
LITERAL ENGLISH TRANSLATION
The Oireachtas must sit at least once a year.
ARTICLE 15.8.1O
LITERAL ENGLISH TRANSLATION
It is publicly that each House of the Oireachtas will sit. /
Each House of the Oireachtas will sit publicly.
ARTICLE 15.8.2o
LITERAL ENGLISH TRANSLATION
But in the case of there being a special exigency, either
of the two Houses can sit privately provided that two
thirds of the members (who will be / are) present consent
to it.
ARTICLE 15.9.1O
LITERAL TRANSLATION
Each individual House of the Oireachtas will elect its own
Chairman and Vice-Chairman from its own membership,
and will lay out for them their powers and their duties.
ARTICLE 15.9.2O
LITERAL ENGLISH TRANSLATION
It is by law that the salary of the Chairman and
Vice-Chairman of each separate House will be decided.
ARTICLE 15.10
LITERAL ENGLISH TRANSLATION
Each particular House will make its own standing orders
and rules, and each House of them will have the power
to fix a penalty for those who transgress them; it will
have in addition to that the power to secure freedom of
argument and to protect its own official writings/
documents and the private papers of its members, and
moreover to protect itself and its members from any person
or any group of people who would interfere with or inhibit
its members or who would try to corrupt them while they
are doing their duties.
ARTICLE 15.11.1O
LITERAL ENGLISH TRANSLATION
Apart from a case for which an alternative is provided for
by this Constitution the way judgement will be given on
each question in each particular House is by a majority of
the votes of the members (who will be) present and voting
but not including the Chairman or the member who will
be / is in charge.
ARTICLE 15.11.2O
LITERAL ENGLISH TRANSLATION
If the number of votes on the two sides is the same the
Chairman, or the member (who will be) in charge, will
have a deciding vote which he must give.
ARTICLE 15.11.3O
LITERAL ENGLISH TRANSLATION
It is by its standing orders that it will be decided how
many members are / will be necessary for an assembly of
either of the two Houses in order that it have power to
function.
ARTICLE 15.12
LITERAL ENGLISH TRANSLATION
Every official publication and report from the Oireachtas
and from each of its Houses, along with any statement
made in any of those Houses, they are free from matters
of law wherever (they are) published.
ARTICLE 15.13
LITERAL ENGLISH TRANSLATION
The members of each House of the Oireachtas are free
from arrest while in the sanctuary of either of the two
Houses or (while) coming to it or going from it, except in
the case of treason, as it is defined in this Constitution, or
in the case of felony or breaking the peace and, whatever
statement a member will make in any of those Houses,
he is not chargeable because of it in any court or by any
authority except the House itself.
ARTICLE 15.14
LITERAL ENGLISH TRANSLATION
No person is permitted to be a member of (the) two Houses
of the Oireachtas at the same time, and anybody who will
be a member of one of those Houses and (who) will be
made a member of the other House, it must be immediately
deemed that he has given up the first place.
ARTICLE 15.15
LITERAL ENGLISH TRANSLATION
The Oireachtas may make provision by law to pay
allowances to (the) members of each of its Houses for
their duties in the capacity of public representatives, and
that they would be granted, as regards their duties, facility
to travel gratis and whatever other facility the Oireachtas
decides, if it decides.
ARTICLE 16.1.1O
DÁIL ÉIREANN
LITERAL ENGLISH TRANSLATION
Every citizen, whether man or woman, who has completed/
reached twenty-one years and who is not put under
disabilty or incapacity/derangement by this Constitution
nor by law, he is electable to (the) membership of Dáil
Éireann.
ARTICLE 16.1.2O
LITERAL ENGLISH TRANSLATION
i Every citizen, and
ii whatever other people in the State that will be
determined by law,
whether men or women, who have completed eighteen
years and who are not put under disqualification by law,
and who fulfil the conditions of (the) law regarding election
of members to Dáil Éireann, they have a right to vote in
an election of members to Dáil Éireann.
ARTICLE 16.1.3O
LITERAL ENGLISH TRANSLATION
It is not permitted to enact any law which would put any
citizen, because that citizen is a man or a woman, under
disability or incapacity/derangement as regards his being
a member of Dáil Éireann or which would disqualify any
citizen or any other person, or that same ground, from
being entitled to vote in an election of members to Dáil
Éireann.
ARTICLE 16.1.4O
LITERAL ENGLISH TRANSLATION
No elector (whatsoever) is permitted to give more than
one vote in an election for Dáil Éireann, and it is by secret
ballot that the voting will be done.
ARTICLE 16.2.1O
LITERAL ENGLISH TRANSLATION
The membership of Dáil Éireann (is/comprises) representatives
for constituencies that are provided/arranged by
law.
ARTICLE 16.2.2O
LITERAL ENGLISH TRANSLATION
The complement of members of Dáil Éireann will be
arranged by law from time to time but their full complement
is not permitted to be under a member for every
thirty thousand of the population, nor over a member for
every twenty thousand of the population.
ARTICLE 16.2.3O
LITERAL ENGLISH TRANSLATION
The proportion that there will be between the number of
members who will be elected / for election at any time
for each particular constituency and the population of
each particular constituency, according to the latest census
made before that, it must be in balance / at par, in as far as
possible, throughout the whole region/district.
ARTICLE 16.2.4O
LITERAL ENGLISH TRANSLATION
The Oireachtas must re-evaluate the constituencies at least
once every twelve years having due regard to any changes
in the position of the population; but any of the changes
which will be made to the constituencies (they) will not
come into force during the span of life of the Dáil which
will be sitting during that re-evaluation.
ARTICLE 16.2.5O
LITERAL ENGLISH TRANSLATION
It is in accordance with proportional representation and
in the manner of the single transferable vote that the
members will be elected.
ARTICLE 16.2.6O
LITERAL ENGLISH TRANSLATION
It is not permitted to enact a law which would bring under
three (people) the number of members that are to be
elected for any constituency.
ARTICLE 16.3.1O
LITERAL ENGLISH TRANSLATION
Dáil Éireann must be convened and dissolved as arranged
by section 2 of Article 13 of this Constitution.
ARTICLE 16.3.2O
LITERAL ENGLISH TRANSLATION
There must be a general election for members for Dáil
Éireann on a day not later than thirty days after dissolving
Dáil Éireann.
ARTICLE 16.4.1O
LITERAL ENGLISH TRANSLATION
The voting for each particular general election for Dáil
Éireann (it) must be done, in as far as it is possible, (on)
the same day throughout the whole area.
ARTICLE 16.4.2O
LITERAL ENGLISH TRANSLATION
Dáil Éireann must come together within thirty days from
that voting day.
ARTICLE 16.5
LITERAL ENGLISH TRANSLATION
Any Dáil Éireann will have a period of but seven years
from the day of its first assembly: a period which is shorter
than that can be provided by law.
ARTICLE 16.6
LITERAL ENGLISH TRANSLATION
The member of Dáil Éireann who will be Chairman
immediately before the dissolution of Dáil Éireann
provision must be made by law so that it may be deemed
that that member is elected to Dáil Éireann in the next
general election, without his undergoing election.
ARTICLE 16.7
LITERAL ENGLISH TRANSLATION
Within the scope/constraint of those provisions before us
/ the foregoing provisions of this Article it is in accordance
with law that elections to membership of Dáil Éireann
will be regulated, along with filling casual/occasional
vacancies.
ARTICLE 17.1.1O
LITERAL ENGLISH TRANSLATION
As soon as (it is) possible after putting the Estimates on
(the) receipts of the State and the Estimates on the State’s
expenditure for any financial year before Dáil Éireann
under Article 28 of this Constitution, Dáil Éireann must
consider those Estimates.
ARTICLE 17.1.2O
LITERAL ENGLISH TRANSLATION
The legislation which will be necessary to give legal effect
to the Financial Resolutions of each particular year (it)
must be enacted that very year except in so far as will
otherwise be arranged in regard to each particular case in
an enactment to that end.
ARTICLE 17.2
LITERAL ENGLISH TRANSLATION
It is not lawful for Dáil Éireann to pass a vote or resolution,
nor it is not lawful to enact any law, to appropriate the
state rent nor any other public money (whatsoever), unless
Dáil Éireann has a message from the Government under
the hand of the Taoiseach recommending the purpose of
the appropriation to them.
ARTICLE 18.1
SEANAD ÉIREANN
LITERAL ENGLISH TRANSLATION
The complement of Seanad Éireann (is) sixty members,
i.e. eleven who will be nominated and forty-nine who
will be elected.
ARTICLE 18.2
LITERAL ENGLISH TRANSLATION
So that a person would be acceptable on the membership
of Seanad Éireann he must be acceptable on the
membership of Dáil Éireann.
ARTICLE 18.3
LITERAL ENGLISH TRANSLATION
The members who will be nominated for Seanad Éireann
(they) will be nominated with prior-permission from
themselves by the Taoiseach who will be appointed on
the re-assembly of Dáil Éireann after the dissolution of
Dáil Éireann which causes those members to be
nominated.
ARTICLE 18.4.1O
LITERAL ENGLISH TRANSLATION
The members who will be elected for Seanad Éireann, it
is in the following manner they will be elected: –
i The National University of Ireland will elect three.
ii Dublin University will elect three.
iii Forty-three (people) will be elected from rolls of
candidates which will be arranged in the manner
provided here following.
ARTICLE 18.4.2O
LITERAL ENGLISH TRANSLATION
Provision may be made by law so that there will be elected
in accordance with an electoral system, and in the manner,
(that will be) provided by law, by one or more of the
following institutions, that is / namely:
i the Universities mentioned in subsection 1o of this
section,
ii any other institutions of higher-education in the State,
that number of members of Seanad Éireann that will be
provided for by law in place of an equal/equivalent
number of the members who will be / are to be elected
pursuant to paragraphs i and ii of that subsection 1o.
A member or members of Seanad Éireann may be
elected under this subsection by institutions which will
be collected together or by a single institution.
ARTICLE 18.4.3O
LITERAL ENGLISH TRANSLATION
It is not permitted to plead anything that is in this Article
in order to prohibit a University which is mentioned in
subsection 1o of this section being dissolved in accordance
with law.
ARTICLE 18.5
LITERAL ENGLISH TRANSLATION
Every election that there will be for the members who
will be elected to Seanad Éireann it is in accordance with
proportional representation that it will be done and in
the manner of the single transferable vote, by secret postal
ballot.
ARTICLE 18.6
LITERAL ENGLISH TRANSLATION
The members who will be elected for Seanad Éireann by
the Universities it is in accordance with an electoral system,
and in the manner, which will be provided by law that
they will be elected.
ARTICLE 18.7.1O
LITERAL ENGLISH TRANSLATION
Before each general election for the members for Seanad
Éireann who will be elected from rolls of candidates there
will be arranged in the manner (that will be) provided by
law five rolls of candidates on which will be names of
people who will have knowledge and practice of the
following affairs and services respectively:-
ARTICLE 18.7.1Oi
LITERAL ENGLISH TRANSLATION
i Irish and the National Intellectual Tradition, Literature,
Art, Education and whatever professions will be set
out / defined by law for the purpose of this roll;
ARTICLE 18.7.1Oii, iii
LITERAL ENGLISH TRANSLATION
ii Agriculture, along with affairs which are related to it,
and Fishing;
iii Labour, whether it is formally organised or not;
ARTICLE 18.7.1°iv, v
LITERAL ENGLISH TRANSLATION
iv Industry and Commerce including banking, finance,
accountancy, engineering and building-construction;
v Public Administration and societal services, and including
voluntary societal/social work.
ARTICLE 18.7.2O
LITERAL ENGLISH TRANSLATION
It is not permitted to elect more than eleven people nor,
within the scope/constraint of the provisions of Article 19
of this Constitution, less than five of the members of Seanad
Éireann from any particular roll.
ARTICLE 18.8
LITERAL ENGLISH TRANSLATION
There must be a general election for Seanad Éireann on a
day not later than ninety days after the dissolution of Dáil
Éireann, and Seanad Éireann must come together for/on
(its) first assembly after the general election (on a) day
that the President will decide for that on the advice of the
Taoiseach.
ARTICLE 18.9
LITERAL ENGLISH TRANSLATION
Each member of Seanad Éireann will continue in his office,
unless (he) dies or unless (he) gives up office or unless
he is disqualified, until the day before the voting day for
the first general election that there will be for Seanad
Éireann after electing him or after nominating him.
ARTICLE 18.10.1O
LITERAL ENGLISH TRANSLATION
Within the scope/constraint of those foregoing provisions
of this Article, it is in accordance with law that each election
for the members who will be elected to Seanad Éireann
will be regulated.
ARTICLE 18.10.2O
LITERAL ENGLISH TRANSLATION
It is by nomination by the Taoiseach that casual vacancies
in the number of the members who are nominated to
Seanad Éireann will be filled, with the prior permission of
the people who will be nominated.
ARTICLE 18.10.3O
LITERAL ENGLISH TRANSLATION
It is in the manner which is provided by law that casual
vacancies in the number of the members who are elected
to Seanad Éireann will be filled.
ARTICLE 19
LITERAL ENGLISH TRANSLATION
Provision may be made / It will be possible to make
provision by law so that any functional or vocational group,
or any functional or vocational body or council, would
be able to elect directly as many members to Seanad
Éireann as will be determined by that law, in place of the
same amount of the members who will be elected from
the co-rolls of candidates which will be arranged under
Article 18 of this Constitution.
ARTICLE 20.1
LEGISLATION
LITERAL ENGLISH TRANSLATION
Every Bill which is initiated in Dáil Éireann and which is
passed by Dáil Éireann must be sent to Seanad Éireann
and, unless it is a Money Bill, Seanad Éireann can/may
amend it, and Dáil Éireann must consider any amendment
of that kind.
ARTICLE 20.2.1O
LITERAL ENGLISH TRANSLATION
It is lawful to initiate a Bill which is not a Money Bill in
Seanad Éireann, and if Seanad Éireann pass(es) it it must
be brought in in Dáil Éireann.
ARTICLE 20.2.2O
LITERAL ENGLISH TRANSLATION
If a Bill is initiated in Seanad Éireann and Dáil Éireann
amends it, it must be deemed to be a Bill which was
initiated in Dáil Éireann.
ARTICLE 20.3
LITERAL ENGLISH TRANSLATION
A Bill which is passed by either of the two Houses and
which the other House accepts (it) must be deemed that
it was passed by the two Houses.
ARTICLE 21.1.1O
Money Bills
LITERAL ENGLISH TRANSLATION
It is in Dáil Éireann alone that it is permitted to initiate
Money Bills.
ARTICLE 21.1.2O
LITERAL ENGLISH TRANSLATION
Each Money Bill which is passed by Dáil Éireann must be
sent to Seanad Éireann for their recommendations
regarding it.
ARTICLE 21.2.1O
LITERAL ENGLISH TRANSLATION
Each Money Bill which is sent to Seanad Éireann for their
recommendations regarding it, it must be sent back to
Dáil Éireann at the end of a period not longer than
twenty-one days after sending the Bill to Seanad Éireann,
and Dáil Éireann may accept or refuse/reject all the
recommendations from Seanad Éireann or any part of
them.
ARTICLE 21.2.2O
LITERAL ENGLISH TRANSLATION
If that Money Bill is not sent back from Seanad Éireann to
Dáil Éireann within those twenty-one days, or if it is sent
back within those twenty-one days along with
recommendations which Dáil Éireann does not accept, it
must be deemed that the two Houses passed it at the end
of those twenty-one days.
ARTICLE 22.1.1O
LITERAL ENGLISH TRANSLATION
What is meant by a Money Bill is a Bill which contains
only provisions for all of the following matters or any
part of them i.e. imposing, repealing, remitting, changing
or regulating taxation; laying charges on public moneys
to pay debts or for other financial objectives, or changing
or repealing such charges; provision/supply; appropriating,
receiving, keeping or issuing public money, or scrutinizing
accounts of it; collecting or guaranteeing or repaying any
loan; subsidiary matters which are connected with those
things or with any part of them.
ARTICLE 22.1.2O
LITERAL ENGLISH TRANSLATION
In that explanation no taxation, money or loan which
local bodies or authorities collect for local purposes are
included under the words
“taxation”, “public money” and
“
loan”, respectively.
ARTICLE 22.2.1O
LITERAL ENGLISH TRANSLATION
If it is the opinion of the Chairman of Dáil Éireann that
any particular Bill is a Money Bill he must certify that it is
a Money Bill and, within the scope/constraint of the
following provisions of this section, there will be no
bypassing that certification.
ARTICLE 22.2.2O
LITERAL ENGLISH TRANSLATION
Seanad Éireann can/may pass a resolution in an assembly
in which not less than thirty members will be present,
requesting the President to put a question before a
Committee of Privileges to see whether the Bill is a Money
Bill or is not.
ARTICLE 22.2.3O
LITERAL ENGLISH TRANSLATION
If the President assents to the request after taking counsel
with the Council of State, he must appoint a Committee
of Privileges. (It is) The same number of members of Dáil
Éireann and of Seanad Éireann (that) will be on that Committee,
with a judge of the Supreme Court as Chairman
over them. It is after taking counsel with the Council of
State that those appointments will be made. If the number
of votes on both sides is the same the Chairman will have
a vote, but if it is not the same he will not.
ARTICLE 22.2.4O
LITERAL ENGLISH TRANSLATION
The President must put the question before the Committee
of Privileges that will be appointed in that way, and the
Committee must send their judgement on the question to
the President within twenty-one days after the day the
Bill was sent to Seanad Éireann.
ARTICLE 22.2.5O
LITERAL ENGLISH TRANSLATION
There will be no bypassing the judgement of the Committee.
ARTICLE 22.2.6O
LITERAL ENGLISH TRANSLATION
If the President rejects Seanad Éireann
’s request after taking
counsel with the Council of State, or if the Committee of
Privileges do not express their judgement within the period
mentioned here before us, the certification of the Chairman
of Dáil Éireann will stand.
ARTICLE 23.1
LITERAL ENGLISH TRANSLATION
Period to Consider Bills
This Article relates to each Bill which Dáil Éireann passes
and which is sent to Seanad Éireann, except a Money Bill
or a Bill the period for the consideration of which by
Seanad Éireann was shortened under Article 24 of this
Constitution.
ARTICLE 23.1.1O
LITERAL ENGLISH TRANSLATION
If it happens, within the particular period (that is)
mentioned in the next subsection, that Seanad Éireann
rejects any Bill to which this Article relates, or that Seanad
Éireann passes the Bill and amendments to it which Dáil
Éireann rejects, or if Seanad Éireann does not pass the
Bill (whether amended or without amendment/amending)
or (does not) reject it within the particular period, then if
Dáil Éireann passes a resolution to that end within one
hundred and eighty days after the expiration of the
particular period, it must be deemed that that Bill was
passed by both Houses of the Oireachtas (on) the day
(that) the resolution was passed.
ARTICLE 23.1.2O
LITERAL ENGLISH TRANSLATION
Ninety days, or any period (which is) longer than that
which both Houses of the Oireachtas settle together with
regard to the Bill, (is) the particular period, and the
commencement of the period is the day that the Bill is
first sent from Dáil Éireann to Seanad Éireann.
ARTICLE 23.2.1O
LITERAL ENGLISH TRANSLATION
That preceding section of this Article concerns each Bill
which is initiated in Seanad Éireann and (which is) passed
by Seanad Éireann, and (which is) amended by Dáil
Éireann, and that it is deemed for that reason that it was
in Dáil Éireann it was initiated.
ARTICLE 23.2.2O
LITERAL ENGLISH TRANSLATION
To that end it is the day on which the Bill is sent to
Seanad Éireann for the first time after its amendment by
Dáil Éireann that the particular period for that Bill
commences.
ARTICLE 24.1
LITERAL ENGLISH TRANSLATION
If Dáil Éireann passes a Bill, other than a Bill which is
mentioned as being a Bill which contains a proposal to
amend the Constitution, and the Taoiseach sends written
messages to the President and to the Chairman of each
House of the Oireachtas, affirming to them that it is the
opinion of the Government that there is an urgency and
necessity (to have) the Bill immediately to protect the
peace and security of the people, or that there is an urgency
and necessity to have it immediately because of there
being a public internal or international emergency, then
if Dáil Éireann so determines by resolution, and the
President assents to the resolution, after taking counsel
with the Council of State, the period in which that Bill
will be left under the consideration of Seanad Éireann
must be shortened and put under the limit which is
mentioned in the resolution.
ARTICLE 24.2
LITERAL ENGLISH TRANSLATION
Any Bill the period for the consideration of which by
Seanad Éireann was shortened under this Article, if it
happens,
(a) in the case of a Bill which is not a Money Bill, that
Seanad Éireann rejects it or that Seanad Éireann passes
it along with amendments which Dáil Éireann rejects
or that Seanad Éireann does not pass nor reject it, or,
(b) in the case of a Money Bill, that Seanad Éireann sends
it back to Dáil Éireann along with recommendations
which Dáil Éireann does not accept or that Seanad
Éireann does not send it back to Dáil Éireann,
within the period mentioned in the resolution, it must be
deemed that the Bill was passed by both Houses of the
Oireachtas at the end of that period.
ARTICLE 24.3
LITERAL ENGLISH TRANSLATION
On a Bill the period for the consideration of which by
Seanad Éireann was shortened under this Article being
made law, it will be in force for a period of ninety days
from the date of its enactment, but that will be all, unless
both Houses of the Oireachtas agree before the end of
that period (that) that law remain in force for a period
which is longer than that, and that the period that is so
agreed is mentioned in resolutions by both Houses.
ARTICLE 25.1
LITERAL ENGLISH TRANSLATION
Signing and Promulgating Laws
As soon as a Bill is passed, other than a Bill which is
mentioned/stated to be a Bill in which there is a proposal
to amend this Constitution, or is deemed to have been
passed by both Houses of the Oireachtas, the Taoiseach
must offer that Bill to the President to put his hand to it
and to promulgate it as a law in accordance with the
provisions of this Article.
ARTICLE 25.2.1O
LITERAL ENGLISH TRANSLATION
Apart from a case for which the contrary is provided by
this Constitution, each Bill which is offered to the President
in that way to put his hand to it and to promulgate it (as)
law, he must put his hand to it on a day not earlier than
the fifth day and not later than the seventh day after the
day the Bill is offered to him.
ARTICLE 25.2.2O
LITERAL ENGLISH TRANSLATION
On the petition/request of the Government, with the joint
consent of Seanad Éireann beforehand, the President may
put his hand to any Bill which gives rise to that petition/
request earlier than the fifth day after the aforesaid date.
ARTICLE 25.3
LITERAL ENGLISH TRANSLATION
Every Bill the period for the consideration of which by
Seanad Éireann was shortened under Article 24 of this
Constitution, the President must put his hand to it (on)
the day that that Bill is offered to him to sign it and to
promulgate it as law.
ARTICLE 25.4.1O
LITERAL ENGLISH TRANSLATION
Every Bill becomes law the day the President puts his
hand to it under this Constitution and it is a law (on) that
day and from that day on and, unless it is clear that there
is a contrary intention in regard to it, that is the day it
comes into operation.
ARTICLE 25.4.2O
LITERAL ENGLISH TRANSLATION
Every Bill to which the President puts his hand under this
Constitution he must promulgate it as law by a notice in
the Official Journal, under an order from him, saying that
the Bill is law.
ARTICLE 25.4.3O
LITERAL ENGLISH TRANSLATION
The text of a Bill to which the President will put his hand
is the text which was passed or is deemed to have been
passed by both Houses of the Oireachtas and, if a Bill is
passed or if it is deemed to have been so passed in the
two official languages, the President will put his hand to
the Irish text and to the English text of the Bill.
ARTICLE 25.4.4O
LITERAL ENGLISH TRANSLATION
In the event of the President
’s putting his hand to the text
of a Bill in one of the official languages and in that language
only, an official translation must be brought out in the
other official language.
ARTICLE 25.4.5O
LITERAL ENGLISH TRANSLATION
As soon as is possible after signing a Bill and promulgating
it as law, the text of that law on which will be the
President
’s hand/signature or, in the case of the President’s
hand/signature being on the Irish text and on the English
text of that law, those two signed texts must be put into
its journal or into their journal in the office of the Recorder
of the Supreme Court, and the text that will be so put into
its journal, or the two texts that will be so put into their
journal, is/are irrefutable evidence of the provisions of
that law.
ARTICLE 25.4.6O
LITERAL ENGLISH TRANSLATION
In the event that the Irish text and the English text of a
law are put into their journal under this section and those
two texts are not in accord with one another, (it is) the
Irish text which will have supremacy/dominance.
ARTICLE 25.5.1O
LITERAL ENGLISH TRANSLATION
It is lawful for the Taoiseach to bring about, from time to
time according as he sees that there is a need for it, that a
text (in Irish and in English) of this Constitution, as it will
be in force at that time and in which will be all the
amendments which will have been made to it up to then,
be prepared under his guidance.
ARTICLE 25.5.2O
LITERAL ENGLISH TRANSLATION
Every text which will be so prepared the President must
put his hand to a copy of it on its being verified by the
signatures of the Taoiseach and the Chief Justice, and that
copy must be put into its journal in the office of the
Recorder of the Supreme Court.
ARTICLE 25.5.3O
LITERAL ENGLISH TRANSLATION
The copy which will be so signed and put into its journal
and which is the latest text, having been so prepared, at
the particular time, it will be, on being so put into its
journal, irrefutable evidence of this Constitution as it will
be on the date of that copy
’s being so put into its journal
and, to that end, it will take the place of all the texts of
this Constitution copies of which will have been so put
into their journal before that.
ARTICLE 25.5.4O
LITERAL ENGLISH TRANSLATION
In the event that the texts of any particular copy of this
Constitution which will be put into its journal under this
section are not in accord with one another, it is the Irish
text which will have dominance/supremacy.
ARTICLE 26
LITERAL ENGLISH TRANSLATION
Submitting Bills to the Supreme Court for determination
This Article applies to every Bill which is passed or is
deemed to have been passed by the two Houses of the
Oireachtas, except a Money Bill, or a Bill which is stated
to be a Bill which contains a proposal to amend the Constitution,
or a Bill the period for the consideration of which
by Seanad Éireann was shortened under Article 24 of this
Constitution.
ARTICLE 26.1.1O
LITERAL ENGLISH TRANSLATION
The President is permitted, after taking counsel with the
Council of State, to submit any Bill to which this Article
relates to the Supreme Court for determination whether
that Bill or any (particular) provisions or provision of it
are contrary to this Constitution or contrary to any provision
of it.
ARTICLE 26.1.2O
LITERAL ENGLISH TRANSLATION
In every case of that kind the Bill must be submitted to
the Court for determination (on) a day which is not later
than the seventh day after the date on which the Taoiseach
offers the Bill to the President to put his hand to it.
ARTICLE 26.1.3O
LITERAL ENGLISH TRANSLATION
Any Bill which is submitted to the Supreme Court for
determination under this Article, the President is not
permitted to put his hand to it until the Court gives its
decision.
ARTICLE 26.2.1O
LITERAL ENGLISH TRANSLATION
The Supreme Court, a court in which there will be at least
five judges, must consider every question which the
President submits to it for determination under this Article
and, after listening to arguments from the Attorney General
or on his behalf and from barristers who will be chosen
by the Court, it must give its decision on that question
publicly in the court as soon as possible and, at any rate,
(on) a day not later than sixty days after submitting the
question to it for determination.
ARTICLE 26.2.2O
LITERAL ENGLISH TRANSLATION
The judgement which the majority of the judges of the
Supreme Court give, that is the judgement of the Court
for the purposes of this Article and he who will announce
that judgement is that one of those judges whom the Court
will appoint to that end, and it is not permitted to announce
any other opinion, agreeing or disagreeing with that
judgement, nor is it permitted to disclose that there is any
other opinion of that kind.
ARTICLE 26.3.1O
LITERAL ENGLISH TRANSLATION
In the case of any Bill which is submitted to the Supreme
Court for determination under this Article, if it is the
judgement of the Court that any provision of it is contrary
to this Constitution or contrary to any provision of it, the
President must decline to put his hand to that Bill.
ARTICLE 26.3.2O
LITERAL ENGLISH TRANSLATION
In the event of a request having been sent to the President
under Article 27 of this Constitution with regard to a Bill
to which that Article applies, that Article must be fulfilled.
ARTICLE 26.3.3O
LITERAL ENGLISH TRANSLATION
In every other case the President must put his hand to the
Bill as soon as possible after the day the Supreme Court
gives its judgement.
ARTICLE 27
LITERAL ENGLISH TRANSLATION
Submitting Bills to the People for determination
This Article applies to every Bill, other than a Bill which
is stated/mentioned as being a Bill in which there is a
proposal to amend this Constitution, which is deemed,
by virtue of Article 23 of this Constitution, to have been
passed by the two Houses of the Oireachtas.
ARTICLE 27.1
LITERAL ENGLISH TRANSLATION
A majority of the members of Seanad Éireann, along with
at least a third of the members of Dáil Éireann, are
permitted to send a joint-appeal to the President under
this Article, asking him to decline to put his hand to any
Bill to which this Article applies and (to decline) to
promulgate that Bill as law, because of its having a
proposal in which there is so much national importance
that the judgement of the people on it should be obtained.
ARTICLE 27.2
LITERAL ENGLISH TRANSLATION
Every petition/appeal of that kind must be in writing and
under the hand of the petitioners and their signatures
must be verified in the manner ordered by law.
ARTICLE 27.3
LITERAL ENGLISH TRANSLATION
There must be a clear account in every petition of that
kind of the particular matter or matters on which it is
based, and (it must) be offered to the President on a day
not later than four days after the date on which the Bill is
deemed to have been passed by the two Houses of the
Oireachtas.
ARTICLE 27.4.1O
LITERAL ENGLISH TRANSLATION
As soon as the President gets a petition under this Article
he must consider it and, after taking counsel with the
Council of State, give his judgement on it (on) a day not
later than ten days after the day that that Bill to which the
petition relates/applies is deemed to have been passed,
by the two Houses of the Oireachtas.
ARTICLE 27.4.2O
LITERAL ENGLISH TRANSLATION
In the case of the Bill or of any provision of it being
referred to the Supreme Court for determination under
Article 26 of this Constitution the President will not have
to consider the petition if the Supreme Court, in consequence
of that submission for determination, does not
announce or until the Supreme Court does announce a
judgement declaring that that Bill or that provision of it
is not contrary to this Constitution nor contrary to any
provision of it and, in the case of the Supreme Court
’s
announcing a judgement affirming that, the President will
not have to announce his judgement on the petition for
six days after the day the judgement of the Supreme Court
will be announced affirming as stated.
ARTICLE 27.5.1O
LITERAL ENGLISH TRANSLATION
In the case of every Bill which is the ground for a petition
under this Article, if it is the judgement of the President
that it contains a proposal which is of such national importance
that the judgement of the people should be obtained
on it, he must send a written document under his hand
and under his Seal to the Taoiseach and to the Chairman
of each House of the Oireachtas informing them of that,
and he must decline to put his hand to that Bill and to
promulgate it (as) law unless the proposal is accepted,
and until it is accepted
ARTICLE 27.5.1Oi, ii
LITERAL ENGLISH TRANSLATION
i by the will of the people in a Referendum in
accordance with the provisions of section 2 of Article
47 of this Constitution, within eighteen months from
the day the President gives his decision, or
ii by resolution by Dáil Éireann passed within the
aforesaid period after Dáil Éireann has dissolved and
re-assembled.
ARTICLE 27.5.2O
LITERAL ENGLISH TRANSLATION
Whenever a proposal (which is) in a Bill which is ground
for a petition under this Article is accepted by the will of
the people or by a resolution by Dáil Éireann in accordance
with the foregoing provisions of this section, that Bill must
be offered to the President as soon as possible after its
acceptance, in order to put his hand to it and to promulgate
it as law, and thereupon the President must put his hand
to the Bill and duly promulgate it as law.
ARTICLE 27.6
LITERAL ENGLISH TRANSLATION
In the case of each Bill which is ground for a petition
under this Article, if it is the judgement of the President
that there is no proposal in it that is of such national
importance that the judgement of the people on it should
be obtained, he must send a written document under his
hand and under his Seal to the Taoiseach and to the
Chairman of each House of the Oireachtas informing them
of that, and put his hand to that Bill on a day not later
than eleven days after the day that that Bill is deemed to
have been passed by the two Houses of the Oireachtas,
and duly promulgate it as law.
THE GOVERNMENT
ARTICLE 28.1
LITERAL ENGLISH TRANSLATION
The complement of members of the Government is at
least seven (people), and at most fifteen people, and it is
the President who will appoint those members in
accordance with the provisions of this Constitution.
ARTICLE 28.2
LITERAL ENGLISH TRANSLATION
Within the constraint/scope of the provisions of this
Constitution, it is the Government that will operate, or it
is with the authority of the Government that will be
operated, the implemental power of the State.
ARTICLE 28.3.1O
LITERAL ENGLISH TRANSLATION
It is not lawful to declare war nor for the State to partake
in any war except with the agreement of Dáil Éireann.
ARTICLE 28.3.2O
LITERAL ENGLISH TRANSLATION
But the Government may, in the case of invasion, do
anything that they consider necessary to defend the State,
and if Dáil Éireann is not sitting it must be convened as
soon as is possible.
ARTICLE 28.3.3O
LITERAL ENGLISH TRANSLATION
It is not permitted to plead anything that is in this
Constitution to invalidate any law which the Oireachtas
enacts if it is stated in it that it is a law to ensure the
security of the people and to preserve the State in time of
war or armed revolt, nor to nullify any act which is done
or which gives to understand that it is an act done in time
of war or armed revolt in pursuance of any such law. In
this subsection,
“time of war” covers a time when armed
conflict in which the State is not participating will be in
progress but that each House of the Oireachtas will have
decided by resolution in regards to it that, because of that
armed conflict, a state of national emergency exists which
makes a difference to the basis of the life of the State and
“
time of war or armed revolt” covers that period of time
which there will be between the time any war, or any
armed conflict of the aforementioned kind, or armed revolt
is put to an end and the time that each House of the
Oireachtas decides by resolution that the state of national
emergency which that war, or that armed conflict, or that
armed revolt caused, no longer exists.
ARTICLE 28.4.1O
LITERAL ENGLISH TRANSLATION
The Government is answerable to Dáil Éireann.
ARTICLE 28.4.2O
LITERAL ENGLISH TRANSLATION
It is in joint authority that the Government will come
together and will act, and they are all together responsible
for the Departments of State that are administered by
members of the Government.
ARTICLE 28.4.3O
LITERAL ENGLISH TRANSLATION
The Government must prepare Estimates of the Income
of the State and Estimates of the Expenditure of the State
for each financial year, and put them before Dáil Éireann
for their consideration.
ARTICLE 28.5.1O
LITERAL ENGLISH TRANSLATION
The Taoiseach is the title of the head of the Government,
i.e. the Prime Minister, and that is what he is called in the
Constitution.
ARTICLE 28.5.2O
LITERAL ENGLISH TRANSLATION
The Taoiseach must give information in general to the
President on matters which relate to internal policy and
to external policy.
ARTICLE 28.6.1O
LITERAL ENGLISH TRANSLATION
The Taoiseach must nominate a member of the Government
to be Tánaiste.
ARTICLE 28.6.2O
LITERAL ENGLISH TRANSLATION
If the Taoiseach dies or if he becomes permanently incapacitated/
deranged/confused, the Tánaiste must act for every
A study of the Irish text Staidéar ar an téacs Gaeilge 421
purpose in place of the Taoiseach until another Taoiseach
is appointed.
ARTICLE 28.6.3O
LITERAL ENGLISH TRANSLATION
The Tánaiste must, moreover, act on behalf of or in place
of the Taoiseach while he is temporarily absent.
ARTICLE 28.7.1O
LITERAL ENGLISH TRANSLATION
The Taoiseach and the Tánaiste and that member of the
Government who will be in charge of the Department of
Finance must be members of Dáil Éireann.
ARTICLE 28.7.2O
LITERAL ENGLISH TRANSLATION
The other members of the Government must be members
of Dáil Éireann or of Seanad Éireann but it is not lawful
that more than two of them be members of Seanad Éireann.
ARTICLE 28.8
LITERAL ENGLISH TRANSLATION
Every member of the Government has the right to be
present and to speak in each House of the Oireachtas.
ARTICLE 28.9.1O
LITERAL ENGLISH TRANSLATION
The Taoiseach may give up office at any time by informing
the President of that.
ARTICLE 28.9.2O
LITERAL ENGLISH TRANSLATION
Any other member of the Government may give up office
by informing the Taoiseach of that in order to put the
matter before the President.
ARTICLE 28.9.3O
LITERAL ENGLISH TRANSLATION
The President must accept any member of the Government,
other than the Taoiseach, giving up office if the
Taoiseach recommends that to him.
ARTICLE 28.9.4°
LITERAL ENGLISH TRANSLATION
The Taoiseach may at any time, for reasons which he
himself considers sufficient, ask a member of the
Government to give up office; if that member does not
act in accordance with that request, the President must
put that member out of office if the Taoiseach so advises.
ARTICLE 28.10
LITERAL ENGLISH TRANSLATION
Any time that a majority in Dáil Éireann does not continue
to be in support of the Taoiseach, he must give up office
unless the President dissolves Dáil Éireann on the advice
of the Taoiseach and the Taoiseach succeeds in getting
the support of a majority in Dáil Éireann on the reassembly
of Dáil Éireann after the dissolution.
ARTICLE 28.11.1O
LITERAL ENGLISH TRANSLATION
If the Taoiseach gives up office at any time, it must be
considered that the rest of the members of the Government
give up office also; but the Taoiseach and the rest of the
members of the Government will continue with their duties
until their successors are appointed.
ARTICLE 28.11.2O
LITERAL ENGLISH TRANSLATION
The members of the Government who will be in office
on the day of a dissolution of Dáil Éireann, they will
continue in their office until their successors are appointed.
ARTICLE 28.12
LITERAL ENGLISH TRANSLATION
The following matters will be regulated in accordance
with law i.e. the organization of Departments of State and
the division of business between them, the appointment
of members of the Government to be Ministers in charge
of those Departments, the fulfilling of the functions relating
to the office of a member of the Government while that
member is absent for a period or (mentally) incapacitated,
and the salary of members of the Government.
INTERNATIONAL RELATIONS
ARTICLE 29.1
LITERAL ENGLISH TRANSLATION
Ireland affirms that she wishes peace and co-operation,
in accordance with international equity and international
morality, to be established between the nations of the
world.
ARTICLE 29.2
LITERAL ENGLISH TRANSLATION
Ireland further affirms that she wishes that all strife between
nations should be settled peacefully by international
arbitration or by judicial decision.
ARTICLE 29.3
LITERAL ENGLISH TRANSLATION
Ireland accepts the generally acknowledged fundamental
rules of international law to be a guide for Ireland in its
relations with other States.
ARTICLE 29.4.1O
LITERAL ENGLISH TRANSLATION
In accordance with Article 28 of this Constitution it is the
Government which will operate, or it is with the authority
of the Government that will be operated, the discharging
power of the State as regards its external relations.
ARTICLE 29.4.2O
LITERAL ENGLISH TRANSLATION
So that any discharging function of the State can be
operated as regards its external relations the Government
will be able, to the extent that will be decided by law and
within the constraint/scope of whatever conditions will
be decided by law, if it is decided, to utilise or accept any
organ of state or instrument or procedure which is utilized
or accepted for such a purpose by the nations which are
members of any group or any association of nations with
which the State is or will be in coalition/alignment for
international co-operation in affairs which concern them
all.
ARTICLE 29.4.3O
LITERAL ENGLISH TRANSLATION
The State may be a member of the European Coal and
Steel Community (which was established by a Treaty
signed in Paris on the 18th day of April, 1951), of the
European Economic Community (which was established
by a Treaty which was signed in Rome on the 25th day of
March, 1957) and of the European Atomic Energy
Community (which was established by a Treaty which
was signed in Rome on the 25th day of March, 1957). The
State may ratify the Single European Instrument (which
was signed on behalf of the Member States of the
Communities in Luxembourg on the 17th day of February,
1986, and in the Hague on the 28th day of February,
1986). No provision which is in this Constitution deprives
of legal validity any laws enacted, acts done or actions
which the State accepted, because of the necessities of
the obligations as a member of the Communities, nor
prohibits laws enacted, acts done or actions accepted by
the Communities, or institutions of the Communities, from
having legal force in the State.
ARTICLE 29.5.1O
LITERAL ENGLISH TRANSLATION
Every international treaty in which the State will be
participative must be laid before Dáil Éireann.
ARTICLE 29.5.2O
LITERAL ENGLISH TRANSLATION
Any international treaty which would incur an expense to
the public fund (it) will not be binding on the State unless
Dáil Éireann consents to the terms of the treaty.
ARTICLE 29.5.3O
LITERAL ENGLISH TRANSLATION
This section does not concern treaties nor agreements on
technical and administrative matters.
ARTICLE 29.6
LITERAL ENGLISH TRANSLATION
No international treaty will be part of the internal law of
the State except as the Oireachtas/Legislature determines.
THE ATTORNEY GENERAL
ARTICLE 30.1
LITERAL ENGLISH TRANSLATION
There will be an Attorney General, and it is he who is
adviser to the Government in matters of law and legal
opinions, and he must operate and fulfil every power,
every function and every duty which is conferred or
imposed on him by this Constitution or by law.
ARTICLE 30.2
LITERAL ENGLISH TRANSLATION
It is by the President that the Attorney General will be
appointed on his having been nominated by the Taoiseach.
ARTICLE 30.3
LITERAL ENGLISH TRANSLATION
In the case of every crime and offence that is brought in
any court which is established under Article 34 of this
Constitution, except a court of summary jurisdiction, it is
in the name of the People and at the suit of the Attorney
General, or at the suit of some other person who is
authorised for that in accordance with law, that the charge
will be made.
ARTICLE 30.4
LITERAL ENGLISH TRANSLATION
The Attorney General
’s being a member of the Government
is not permitted.
ARTICLE 30.5.1O
LITERAL ENGLISH TRANSLATION
The Attorney General may give up office at any time by
informing the Taoiseach of that in order to put the matter
before the President.
ARTICLE 30.5.2O
LITERAL ENGLISH TRANSLATION
The Taoiseach may, for reasons which he himself considers
sufficient, ask the Attorney General to give up office.
ARTICLE 30.5.3O
LITERAL ENGLISH TRANSLATION
If the Attorney General does not act in accordance with
that request the President must put him out of office if the
Taoiseach recommends it to him.
ARTICLE 30.5.4O
LITERAL ENGLISH TRANSLATION
The Attorney General must leave office on the Taoiseach
’s
giving up office, but he may continue with his duties until
the Taoiseach
’s successor is appointed.
ARTICLE 30.6
LITERAL ENGLISH TRANSLATION
Within the constraint of the foregoing provisions of this
Article it is in accordance with law that the office of the
Attorney General will be regulated, along with the salary
which is payable to the person who will hold that office.
THE COUNCIL OF STATE
ARTICLE 31.1
LITERAL ENGLISH TRANSLATION
There will be a Council of State to give help and advice to
the President concerning every matter which the President
will seek their counsel on, as regards his operating and
fulfilling the powers and the functions which are stated in
this Constitution are to be operated and fulfilled by him
after taking counsel with the Council of State, and moreover
to perform any other functions which are conferred
on that Council by this Constitution.
ARTICLE 31.2
LITERAL ENGLISH TRANSLATION
It is the following people who will be members of the
Council of State:
i By virtue of office: the Taoiseach, the Tánaiste, the
Chief-Justice, the President of the High-Court, the
Chairman of Dáil Éireann, the Chairman of Seanad
Éireann, and the Attorney General.
ii Every person who has the capability and who wishes
to act as a member of the Council of State, and who
was at one time (a) President or (a) Taoiseach or (a)
Chief-Justice, or (a) President of the Executive Council
of the Irish Free State.
iii Any other people who will be appointed by the
President under this Article, if any person is appointed,
to be members of the Council of State.
ARTICLE 31.3
LITERAL ENGLISH TRANSLATION
The President may at any time and from time to time
appoint whatever other people he deems suitable, / are
deemed suitable by him, from his own counsel, by warrant
under his hand and under his Seal to be members of the
Council of State, but it is not lawful that there be more
than seven people who are appointed in that way as
members of the Council of State at the same time.
ARTICLE 31.4
LITERAL ENGLISH TRANSLATION
Each member of the Council of State, the first time he will
be at an assembly of that Council as a member of it, must
make the following declaration and put his hand to it:
“
In the presence of God the Almighty, I , am
promising and declaring solemnly and truthfully to fulfil
my duties as a member of the Council of State faithfully
(and) conscientiously.
”
ARTICLE 31.5
LITERAL ENGLISH TRANSLATION
Every member of the Council of State who will be
appointed by the President (he) will hold office until the
successor of the President who appointed him takes up
his office, that is unless it happens before that that that
member dies, or gives up office, or that permanent mental
incapacity befalls him, or that he is put out of office.
ARTICLE 31.6
LITERAL ENGLISH TRANSLATION
Any member of the Council of State of those whom the
President will appoint (he) may give up office by informing
the President of that.
ARTICLE 31.7
LITERAL ENGLISH TRANSLATION
The President may, for reasons/grounds which are sufficient
to himself, put any person of those whom he
appointed to the Council of State out of office by an order
under his hand and under his Seal.
ARTICLE 31.8
LITERAL ENGLISH TRANSLATION
The President may convene the Council of State (in)
whatever place and time he will arrange for it.
ARTICLE 32
LITERAL ENGLISH TRANSLATION
Any powers or functions which it is mentioned concerning
them in this Constitution that it is lawful for the President
to operate or to fulfil them after taking counsel from the
Council of State, the President is not permitted to operate
or fulfil any power or function of them unless he convenes
the Council of State in every case beforehand, and listens
to the members of that Council who will be present.
THE COMPTROLLER AND AUDITOR GENERAL
ARTICLE 33.1
LITERAL ENGLISH TRANSLATION
There will be a Comptroller and Auditor General to
regulate all expenditure on behalf of the State, and to
make an audit of every account of money which is
administered by the Oireachtas or under the authority of
the Oireachtas.
ARTICLE 33.2
LITERAL ENGLISH TRANSLATION
It is by the President that the Comptroller and Auditor
General will be appointed, on being nominated by Dáil
Éireann.
ARTICLE 33.3
LITERAL ENGLISH TRANSLATION
The Comptroller and Auditor General is not permitted to
be a member of either of the Houses of the Oireachtas,
nor to be in any other beneficial post or office.
ARTICLE 33.4
LITERAL ENGLISH TRANSLATION
The Comptroller and Auditor General must put reports
before Dáil Éireann at certain times as (will be) determined/
decided by law.
ARTICLE 33.5.1O
LITERAL ENGLISH TRANSLATION
It is not permitted to put the Comptroller and Auditor
General out of office except as a result of misbehaviour
or mental incapacity which will be cited, nor even then
unless Dáil Éireann and Seanad Éireann pass resolutions
demanding that he be put out of office.
ARTICLE 33.5.2O
LITERAL ENGLISH TRANSLATION
Any resolutions of that kind which Dáil Éireann and Seanad
Éireann will pass the Taoiseach must duly give an account
of them / information on them to the President, and send
him a copy of every resolution of that kind under the
certification of the Chairman of the House of the Oireachtas
which passed it.
ARTICLE 33.5.3O
LITERAL ENGLISH TRANSLATION
Immediately after the President receives that report and
copies of those resolutions he must, by order under his
hand and under his Seal, put the Comptroller and Auditor
General out of office.
ARTICLE 33.6
LITERAL ENGLISH TRANSLATION
Within the constraint/scope of the foregoing, it is by law
that the conditions and circumstances of the office of the
Comptroller and Auditor General will be determined.
THE COURTS
ARTICLE 34.1
LITERAL ENGLISH TRANSLATION
It is in courts which are established by law and by judges
who are appointed in the manner that is set out in this
Constitution that justice will be administered, and it is
publicly that that will be done except in those special
limited cases that will be enjoined by law.
ARTICLE 34.2
LITERAL ENGLISH TRANSLATION
Those courts will include Courts of First Instance and a
Court of Final Appeal.
ARTICLE 34.3.1O
LITERAL ENGLISH TRANSLATION
Those Courts of First Instance will include a High-Court
which will have full fundamental jurisdiction, and power
to give a judgement, in every matter and question of law
or fact whether they are civil or criminal.
ARTICLE 34.3.2O
LITERAL ENGLISH TRANSLATION
Apart from a case for which the contrary is provided by
this Article, the High Court will have jurisdiction as regards
that question of any particular law having or not having
validity having regard to the provisions of this Constitution,
and no question of that kind is permitted to be raised
(through pleading or argument or otherwise) in any Court,
established under this Article or under any other Article
of this Constitution, except the High Court or the Supreme
Court.
ARTICLE 34.3.3O
LITERAL ENGLISH TRANSLATION
No Court will have jurisdiction to put in doubt the validity
of a law or of any provision of a law which is a law that
the President submitted the Bill for it to the Supreme Court
for decision under Article 26 of this Constitution, nor to
put in doubt the validity of a provision of a law if the
President submitted the corresponding provision in the
Bill for that law to the Supreme Court for decision under
that Article 26.
ARTICLE 34.3.4O
LITERAL ENGLISH TRANSLATION
Among the Courts of First Instance, moreover, will be
Courts which will have limited local jurisdiction along
with a right of appeal against them as will be determined
by law.
ARTICLE 34.4
LITERAL ENGLISH TRANSLATION
1o It is the Supreme Court which is the title of the Court
of Final Appeal. / The Supreme Court is the title of
the Court of Final Appeal.
2o It is the Chief Justice which is the title of the president
of the Supreme Court. / The Chief Justice is the title
of the president of the Supreme Court.
ARTICLE 34.4.3O
LITERAL ENGLISH TRANSLATION
Apart from whatever exceptions and within the constraint/
scope of whatever rules that will be enjoined by law, the
Supreme Court will have appellate jurisdiction on all the
judgements of the High Court and, moreover, on those
judgements by other courts that will be enjoined by law.
ARTICLE 34.4.4O
LITERAL ENGLISH TRANSLATION
It is not permitted to enact any law which would put
beyond the appellate jurisdiction of the Supreme Court
cases in which questions needed to be settled regarding
any law’s having validity or not, having regard to the
provisions of this Constitution.
ARTICLE 34.4.5O
LITERAL ENGLISH TRANSLATION
He who will announce the judgement of the Supreme
Court on a question regarding a law’s having validity or
not having regard to the provisions of this Constitution is
that one of the judges of that Court which that Court will
appoint for that (purpose), and it is not permitted to
announce any other opinion on that question, agreeing
or disagreeing with that decision, nor is it permitted to
disclose there being any other opinion of that kind.
ARTICLE 34.4.6O
LITERAL ENGLISH TRANSLATION
There will be no passing over / bypassing the judgement
of the Supreme Court in any case.
ARTICLE 34.5.1O
LITERAL ENGLISH TRANSLATION
Every person who will be appointed to be a judge under
this Constitution (he) must make the following declaration
and put his hand to it:
“
In the presence of God the Almighty I, , (am)
promising and declaring solemnly and truthfully that I
will duly and faithfully perform, to the best of my
knowledge and ability, the office of Chief-Justice (or
according as suits) without fear or bias, without partiality
or malevolence/ill-will to anyone, and that I will uphold
the Constitution and laws of Ireland. God direct and protect
me.
”
ARTICLE 34.5.2O
LITERAL ENGLISH TRANSLATION
It is in the presence of the President that the Chief Justice
will make that declaration and put his hand to it, and it is
in the court publicly and in the presence of the Chief
Justice or of the most senior judge of the Supreme Court
who will be available that every other judge of the Supreme
Court and every judge of the High Court and of every
other Court will make that declaration and put his hand
to it.
ARTICLE 34.5.3O
LITERAL ENGLISH TRANSLATION
Every judge must make the declaration and put his hand
to it before (he) takes up the responsibilities of the duties
of his office, and at any rate, on a date not later than ten
days after the day of his appointment, or a date which is
later than that as the President will decide.
ARTICLE 34.5.4O
LITERAL ENGLISH TRANSLATION
Any judge who will refuse or neglect to make the aforesaid
declaration (it) must be deemed that he has relinquished
his office.
ARTICLE 35.1
LITERAL ENGLISH TRANSLATION
It is by the President that the judges of the Supreme Court,
the High Court and every other Court which is established
in pursuance of Article 34 of this Constitution will be
appointed.
ARTICLE 35.2
LITERAL ENGLISH TRANSLATION
Every judge will be free (and) independent as regards the
operation of his judicial functions, with no restriction on
him except this Constitution and the law.
ARTICLE 35.3
LITERAL ENGLISH TRANSLATION
It is not permitted that any judge be a member of either
of the Houses of the Oireachtas, nor be in any other gainful
post or office.
ARTICLE 35.4.1O
LITERAL ENGLISH TRANSLATION
It is not permitted to put a judge of the Supreme Court
nor of the High Court out of office except because of
misconduct or mental disability which will be mentioned,
nor even at that time unless Dáil Éireann and Seanad
Éireann pass resolutions demanding he be put out of office.
ARTICLE 35.4.2O
LITERAL ENGLISH TRANSLATION
Any resolutions of that kind which Dáil Éireann and Seanad
Éireann will pass the Taoiseach must duly give account
of them to the President and send a copy of each of those
resolutions to him under the certification of the Chairman
of the House of the Oireachtas that passed it.
ARTICLE 35.4.3O
LITERAL ENGLISH TRANSLATION
Immediately after the President receives that account and
copies of those resolutions he must, by order under his
hand and under his Seal, put the judge to whom they
relate out of office.
ARTICLE 35.5
LITERAL ENGLISH TRANSLATION
It is not permitted to reduce the salary of a judge while
(he) is in office.
ARTICLE 36
LITERAL ENGLISH TRANSLATION
Within the constraint/scope of the foregoing provisions
of this Constitution which relate to the Courts it is in
accordance with law(s) that the following matters will be
regulated i.e.
i the number of judges of the Supreme Court, and of
the High Court, the salary, age of retirement and
pensions of those judges,
ii the number of judges of every other Court, and the
conditions under which they are appointed, and
iii the constitution and the co-ordination of those Courts,
the division of jurisdiction and work among those
Courts and among those judges, and everything that
relates to procedure.
ARTICLE 37.1
LITERAL ENGLISH TRANSLATION
Any person or any group who are duly authorized by law
to operate limited functions and powers of judgement in
matters that are not criminal matters, if they operate those
functions and powers that operation will not be without
legal validity by reason of anything in this Constitution,
even though that person or group is not a judge or a
court which was appointed or established as a judge or
as a court under this Constitution.
ARTICLE 37.2
LITERAL ENGLISH TRANSLATION
No adoption of a person which took effect or which is
expressed to have taken effect at any time after the coming
into operation of this Constitution under laws which the
Oireachtas enacted and which is an adoption in pursuance
of an order made by or an authorisation given by any person
or any group which was specified by those laws to operate
those functions and powers did not nor will not lack legal
validity for the sole reason that that person or that group
was not a judge or a court which was appointed or established
as a judge or a court under this Constitution.
TRIAL OF OFFENCES
ARTICLE 38.1
LITERAL ENGLISH TRANSLATION
TRIAL IN OFFENCES
It is not permitted to try any person in any criminal case/
prosecution except as is proper according to law.
ARTICLE 38.2
LITERAL ENGLISH TRANSLATION
Minor offences may be tried at courts of summary jurisdiction.
ARTICLE 38.3.1O
LITERAL ENGLISH TRANSLATION
Specific courts may be established by law to try offences
in cases regarding which it will be determined, in
accordance with that law, that the ordinary courts are not
adequate to enforce effectively the administration of justice
and to preserve public order and peace.
ARTICLE 38.3.2O
LITERAL ENGLISH TRANSLATION
It is by law that the constitution, powers, jurisdiction and
procedure of those specific courts will be arranged.
ARTICLE 38.4.1O
LITERAL ENGLISH TRANSLATION
Military benches may be established to try people in
offences against military law which it is said they did while
they were under military law, and moreover to cope with
unrest or with armed rebellion.
ARTICLE 38.4.2O
LITERAL ENGLISH TRANSLATION
A person of the Defence Forces who is not on (military)
service it is not permitted to try him before any army
court or other military bench in an offence that can be
tried in the civil courts, unless it is a crime which is under
the jurisdiction of any army court or other military bench
under any law to enforce military discipline.
ARTICLE 38.5
LITERAL ENGLISH TRANSLATION
It is not permitted to try a person in any criminal charge/
prosecution except in the presence of a sworn committee,
except in the case of trial of offences under section 2,
section 3 or section 4 of this Article.
ARTICLE 38.6
LITERAL ENGLISH TRANSLATION
The provisions of Article 34 nor of Article 35 of this
Constitution will not concern any court nor any bench
which will be established under section 3 or section 4 of
this Article.
ARTICLE 39
LITERAL ENGLISH TRANSLATION
What treason is solely is to undertake war against the
State, or to assist any state or person whatever, or to incite
a person, or to be in conspiracy with a person, to undertake
war against the State, or to make an attempt with arms or
in another violent manner to overthrow the organs of
government which are established by this Constitution,
or someone to have a part (in) or connection with such
an attempt, or to incite any person or to be in conspiracy
with him in order to do it or in order that he have a part
(in) or connection with it.
FUNDAMENTAL RIGHTS
ARTICLE 40.1
LITERAL ENGLISH TRANSLATION
BASIC RIGHTS
Personal Rights
It is reckoned that all the citizens are equal as human
persons in the presence of the law.
But it is not be be understood from that that the State will
not duly, in its enactments, have regard to the difference
there is between people in their physical attributes and in
their moral attributes and in their societal function.
ARTICLE 40.2.1O
LITERAL ENGLISH TRANSLATION
The State is not permitted to confer a title of nobility on
any person.
ARTICLE 40.2.2O
LITERAL ENGLISH TRANSLATION
No citizen is permitted to accept a title of nobility nor a
title of honour except with the assent beforehand of the
Government.
ARTICLE 40.3.1O
LITERAL ENGLISH TRANSLATION
The State guarantees not to interfere by its laws with the
personal rights of any citizen, and it further guarantees to
defend and assert those rights with its laws in so far as it
is possible.
ARTICLE 40.3.2O
LITERAL ENGLISH TRANSLATION
The State will, in particular, by its laws, protect the life
and person and good reputation and property rights of
every citizen from unjust attack to the extent of its power,
and assert them in a case of injustice.
ARTICLE 40.3.3O
LITERAL ENGLISH TRANSLATION
The State acknowledges the right of the unborn to their
life and, having due regard to the equal right of the mother
to her life, it guarantees not to interfere through its laws
with that right and it guarantees further to protect and
assert that right with its laws in so far as it is possible.
ARTICLE 40.3.3° (cont’d)
LITERAL ENGLISH TRANSLATION
This susbsection will not limit freedom to travel between
the State and another state.
This subsection will not limit freedom to get information
or to make information available in the State as regards
services which are lawfully available in another state but
that (is) within the scope/constraint of whatever conditions
that may be laid down by law.
ARTICLE 40.4.1O
LITERAL ENGLISH TRANSLATION
It is not permitted to take his personal freedom from any
citizen except in accordance with law.
ARTICLE 40.4.2O
LITERAL ENGLISH TRANSLATION
When any person makes a complaint, or a complaint is
made on behalf of any person, to the High-Court or to
any judge of it stating that that person is being kept a
prisoner unlawfully, the High Court and any judge and
every judge of it to whom that complaint is made must
inquire immediately concerning that complaint and may
order the one keeping that person a prisoner to bring that
person personally before the High Court (on a) day that
is named and to certify in writing what the grounds for
his imprisonment are, and the High Court must, when
that person is brought personally before that Court and
after giving an opportunity to the one keeping him a
prisoner to prove that the imprisonment is a just
imprisonment, order that that person be released from
that imprisonment if that Court does not consider it certain
that it is in accordance with the law that he is being held.
ARTICLE 40.4.3O
LITERAL ENGLISH TRANSLATION
In a case of a person who is said to be being unlawfully
kept a prisoner’s being brought in person before the High
Court in pursuance of an order to that effect being made
under this section and that the Court is certain that that
person is being kept a prisoner in accordance with a
particular law but that that law is invalid having regard to
the provisions of this Constitution, the High Court must
submit that question of whether that law is or is not valid
to the Supreme Court for judgement in the form of a
stated case and (it) can, while that question is being so
submitted for judgement or at any time after that, allow
that person to have his freedom, subject to those bonds
and conditions that the High Court will appoint until the
Supreme Court will give a judgement on the question
which will be thus submitted for its judgement.
ARTICLE 40.4.4O
LITERAL ENGLISH TRANSLATION
Three judges constitute a High Court in any particular
case, in which a person who is said to be being kept a
prisoner unlawfully is brought in person before the High
Court in pursuance of an order to that effect made under
this section, if the President of the High Court or, if he is
not available, the most senior judge of that Court who is
/ will be available orders, as regards that case, that it have
that complement and one judge constitutes a High Court
in every other case of that kind.
ARTICLE 40.4.5O
LITERAL ENGISH TRANSLATION
In the case of the High Court or a judge of it making an
order under this section ordering a person under sentence
of death to be brought before (it) in person, the High
Court or that judge of it must also order that the exercise
of that death sentence be delayed until that person is
brought in person before the High Court and it is
determined whether it is lawful to keep that person a
prisoner or it is not lawful and if it is determined, after
delaying that implementation, that it is lawful to keep
that person a prisoner, the High Court will appoint a day
to implement that death sentence and that death sentence
will have effect subject to the day so appointed being put
in place of the day which was first arranged to implement
that death sentence.
ARTICLE 40.4.6O
LITERAL ENGLISH TRANSLATION
But any one of the acts of the Defence Forces during
unrest or armed rebellion, it is not permitted to plead
anything that is in this section to prohibit or regulate or
hinder that act.
ARTICLE 40.5
LITERAL ENGLISH TRANSLATION
His place of residence is secure for every citizen, and it is
not permitted to go into it forcibly except in accordance
with law.
ARTICLE 40.6.1O
LITERAL ENGLISH TRANSLATION
The State guarantees freedom to operate the following
rights but that being subject to public morality and order
ARTICLE 40.6.1Oi
LITERAL ENGLISH TRANSLATION
The right of the citizens to reveal their certitudes and
their opinions without hindrance.
ARTICLE 40.6.1oi (cont’d)
LITERAL ENGLISH TRANSLATION
But because the training of the mind of the people is of
such importance to the welfare of the people, the State
will endeavour to ensure that the organs of the public
mind, for example, the radio and the press and the cinema,
will not be used to break the basis of the public morality
or order or the authority of the State. At the same time
those organs will keep the freedom which is their right to
declare opinions and including opinions evaluative of
Government policy.
ARTICLE 40.6.1Oi (contd.)
LITERAL ENGLISH TRANSLATION
The publication or recitation of anything blasphemous or
rebellious or obscene is a punishable crime in accordance
with law.
ARTICLE 40.6.1Oii
LITERAL ENGLISH TRANSLATION
The right of the citizens to come on assembly peacefully
unarmed.
Provision may be made in accordance with law to prevent
or regulate assemblies from which it is determined in
accordance with law that there is a danger that breach of
peace will come or that they are a danger or an annoyance
to the people in general, and moreover assemblies near
either of the Houses of the Oireachtas.
ARTICLE 40.6.1Oiii
LITERAL ENGLISH TRANSLATION
The right of the citizens to establish associations and
societies.
But it is permitted to enact laws to regulate and direct the
operation of the aforesaid right for the good of the people.
ARTICLE 40.6.2O
LITERAL ENGLISH TRANSLATION
No distinction, with regard to politics or religion or class,
is permitted in laws which will regulate the method of
operating the right to establish associations and societies
and the right to come together in free-assembly.
ARTICLE 41.1.1O
THE FAMILY AN TEAGHLACH
LITERAL ENGLISH TRANSLATION
The State acknowledges that the Family is the basic primary
group-unit of/for society according to nature, and that it
is a moral institution which has inalienable invincible rights
which are more ancient and higher than any human statute.
ARTICLE 41.1.2O
LITERAL ENGLISH TRANSLATION
Since it is the Family which is the necessary foundation
for the societal order and since it is imperative for the
welfare of the Nation and of the State, the State guarantees
to preserve the composition and authority of the Family.
ARTICLE 41.2.1O
LITERAL ENGLISH TRANSLATION
Specifically, the State acknowledges that the woman gives
the State, through her life in the family household,
assistance/support without which the welfare of the people
could not be achieved.
ARTICLE 41.2.2O
LITERAL ENGLISH TRANSLATION
For that reason, the State will endeavour to ensure that
mothers of a family, because of want, will not have to
engage in work and neglect their duties in the household
because of that.
ARTICLE 41.3.1O
LITERAL ENGLISH TRANSLATION
Since it is on Marriage that the Family is founded the State
takes it upon itself to give special protection to the order
of marriage and to defend it from attack.
ARTICLE 41.3.2O (before amendment)
LITERAL ENGLISH TRANSLATION
It is not permitted to enact any law which would give
power to dissolve a marriage.
ARTICLE 41.3.2O (as amended)
LITERAL ENGLISH TRANSLATION
A Court which will be specified by law may give a
dissolution of marriage in the case, but only in the case,
that it has ascertained –
i that, on the date of the initiation of the proceedings,
the spouses had spent a period of at least four years,
or periods of at least four years in total, living apart
from each other during the previous five years,
ii that no reasonable expectation exists that there will
be a compromise between the spouses,
iii that such an arrangement exists, or that such an
arrangement will be made, that the Court thinks
proper having regard to the circumstances, for the
spouses, for any children of either of them or of both
of them and for any other person prescribed by law,
and
iv that any further conditions prescribed by law are
fulfilled.
ARTICLE 41.3.3O
LITERAL ENGLISH TRANSLATION
In the case of the marriage of anybody dissolved under
the civil law of any other State and that marriage, being
legally valid, (and) still existing under the law which will
be in force at the time within the jurisdiction of the
Government and the Parliament which is established under
this Constitution, that person cannot enter a marriage which
would have legal validity within that jurisdiction while
the other person who was in the bond of marriage that
was thus dissolved is alive.
ARTICLE 42.1
EDUCATION
LITERAL ENGLISH TRANSLATION
The State acknowledges that the Family is the primary
connate teacher for the child, and (it) guarantees not to
interfere with the inalienable right nor with the inalienable
obligation of parents to provide education according to
their means for their family in matters of religion, morality,
intellect, body and sociality.
ARTICLE 42.2
LITERAL ENGLISH TRANSLATION
Parents can provide that education for their family at home
or in private schools or in schools which are acknowledged
or which are established by the State.
ARTICLE 42.3.1O
LITERAL ENGLISH TRANSLATION
The State is not permitted to compel parents, against their
conscience or their lawful choice, to send their family to
schools (which are) established by the State or to any
particular type of school (which is) named by the State.
ARTICLE 42.3.2O
LITERAL ENGLISH TRANSLATION
But since the State is the guardian of the welfare of the
people it must, because of the circumstances of the day,
make it compulsory to give a certain minimum education
to the children in moral, intellectual and societal affairs.
ARTICLE 42.4
LITERAL ENGLISH TRANSLATION
The State must make provision for primary education to
be available free, and make an effort to help reasonably
and to augment (any) educational initiative both private
and communal and, when it is a requirement for the
welfare of the people, to provide other educational facilities
or foundations, having due regard, however, for the rights
of parents, especially as regards the formation of the mind
in religious and moral affairs.
ARTICLE 42.5
LITERAL ENGLISH TRANSLATION
In uncommon cases when it happens, for corporal reasons
or for moral reasons, that the parents do not do their
duties to their children, the State must, since the State is
the guardian of the welfare of the people, make an effort
through appropriate action to take the place of the parents,
always having due regard, however, for the natural invincible
rights of the child.
ARTICLE 43.1.1O
PRIVATE PROPERTY
LITERAL ENGLISH TRANSLATION
Private Property/Assets
The State acknowledges, because man has the gift of
reason, that he has a natural right to have worldly assets
of his own privately, a right which is more ancient than
human statute.
ARTICLE 43.1.2O
LITERAL ENGLISH TRANSLATION
For that reason, the State guarantees not to enact any law
attempting to set aside that right, nor the ordinary right of
man to assign and to bequeath and to receive assets/
property as an inheritance.
ARTICLE 43.2.1O
LITERAL ENGLISH TRANSLATION
But the State acknowledges that it is fitting, in civil society,
to regulate the operation of the rights which are mentioned
in the foregoing provisions of this Article in accordance
with the basic rules of the societal justice.
ARTICLE 43.2.2O
LITERAL ENGLISH TRANSLATION
For that reason, the State may, as will be necessary, put a
limit to the operation of the aforementioned rights in order
to bring together that operation and the welfare of the
people.
ARTICLE 44.1
RELIGION
LITERAL ENGLISH TRANSLATION
Faith/Religion
The State acknowledges that to be publicly adored with
homage is due to God the Almighty. The State will have
veneration for his name, and will give reverence and
honour to Religion.
ARTICLE 44.2.1O
LITERAL ENGLISH TRANSLATION
Freedom of conscience and free licence/liberty to profess
and practise religion is guaranteed to every citizen,
provided that not be to the detriment of public order nor
to public morality.
ARTICLE 44.2.2O
LITERAL ENGLISH TRANSLATION
The State guarantees not to endow any system of faith/
religion.
ARTICLE 44.2.3O
LITERAL ENGLISH TRANSLATION
The State is not permitted to put a person under any
disability nor to make any distinction because of faith/
religion or profession of faith or standing in matters of
faith.
ARTICLE 44.2.4O
LITERAL ENGLISH TRANSLATION
Legislation by which State aid is provided for schools it is
not permitted to discriminate in it between schools which
are under the management of some religious classes rather
than others / one or other religious group or for it to do
harm to the right of any child to attend a school which
gets public money and not attend religious instruction in
that school.
ARTICLE 44.2.5O
LITERAL ENGLISH TRANSLATION
Every religious grouping has the right to manage its own
affairs, and to have property, both movable and immovable,
of its own, and to get it and administer it, and to
maintain foundations for religious and charitable purposes.
ARTICLE 44.2.6O
LITERAL ENGLISH TRANSLATION
It is not permitted to take the property of any religious
grouping or any educational foundations from them except
for necessary works for public utility, and that after paying
them compensation.
DIRECTIVE PRINCIPLES OF SOCIAL POLICY
ARTICLE 45
LITERAL ENGLISH TRANSLATION
BASIC DIRECTIONS FOR A SOCIETAL POLICY
It is as a general guide for the Oireachtas that the basic
rules for a societal policy that are laid out in this Article
were intended. The responsibility for applying those basic
rules in making laws will be on the Oireachtas alone, and
a question concerning that application cannot be tried by
any Court under any one of the provisions of this Constitution.
ARTICLE 45.1
LITERAL ENGLISH TRANSLATION
The State will do its utmost to advance the welfare of all
the people through ensuring and preserving as far as it is
able a societal order, in which justice and charity will rule
every institution which relates to the national life.
ARTICLE 45.2
LITERAL ENGLISH TRANSLATION
The State will, specifically, direct its policy in a way that
will ensure:-
i That the citizens (and all of them, both men and
women, have a right to a sufficient livelihood) will
obtain, through their occupations, the means of
making reasonable provision for the needs of their
households.
ARTICLE 45.2.ii
LITERAL ENGLISH TRANSLATION
That (the) proprietary right and control of (the) worldly
wealth of the people will be divided among private persons
and among the various classes in the way that will best
contribute towards the welfare of the people.
ARTICLE 45.2.iii
LITERAL ENGLISH TRANSLATION
Specifically, that the operation of free competition will
not be allowed to advance in a way that there would
result from it that a small number of people had in their
own hands the ownership or the control of essential goods
to the detriment of the community.
ARTICLE 45.2.iv
LITERAL ENGLISH TRANSLATION
That the welfare of the whole community is the permanent
and principal objective which will govern in all that
concerns the control of credit.
ARTICLE 45.2.v
LITERAL ENGLISH TRANSLATION
That as many households as possible in accordance with
the circumstances of life will be established on the land
in economic security.
ARTICLE 45.3.1O
LITERAL ENGLISH TRANSLATION
The State will look eagerly at private initiative in industrial
and commercial affairs and will augment/support it when
that is necessary.
ARTICLE 45.3.2O
LITERAL ENGLISH TRANSLATION
The State will endeavour to ensure that private enterprise
is / will be conducted so that it is certain that goods will
be produced and distributed with reasonable competency
and that the community will be protected from unjust
profit.
ARTICLE 45.4.1O
LITERAL ENGLISH TRANSLATION
The State takes upon itself specifically to protect the
economic welfare of the classes in the community whose
power is least and, when it will be necessary, to give
subsistence help to the infirm, to the widow, to the orphan
and to the old.
ARTICLE 45.4.2O
LITERAL ENGLISH TRANSLATION
The State will endeavour to ensure that the strength and
health of workers, both men and women, nor the tender
youth of children will not be wronged, and that citizens
will not have to, because of want, take up occupations
that do not suit their kind or their age or their strength.
AMENDMENT OF THE CONSTITUTION
ARTICLE 46.1
LITERAL ENGLISH TRANSLATION
AMENDING THE CONSTITUTION
It is permitted to amend any provision of this Constitution,
by change or by addition or by repeal, in the manner
provided by this Article.
ARTICLE 46.2
LITERAL ENGLISH TRANSLATION
Every proposal to amend this Constitution (it) must be
initiated in Dáil Éireann as a Bill, and when it is passed or
deemed passed by both Houses of the Oireachtas it must
be submitted to the people for determination by
Referendum in accordance with the law which will be in
force as regards the Referendum at the time.
ARTICLE 46.3
LITERAL ENGLISH TRANSLATION
Its being
“an Act to amend the Constitution” must be
mentioned in every Bill of that kind.
ARTICLE 46.4
LITERAL ENGLISH TRANSLATION
Any Bill in which there will be a proposal or proposals to
amend this Constitution it is not permitted to have any
other proposal in it.
ARTICLE 46.5
LITERAL ENGLISH TRANSLATION
Any Bill in which there will be a proposal to amend this
Constitution the President must immediately put his hand
to it, when he has been satisfied that the provisions of
this Article were fulfilled regarding it and that the people
duly consented to that proposal in accordance with the
provisions of section 1 of Article 47 of this Constitution,
and the President must duly promulgate it as a law.
THE REFERENDUM
ARTICLE 47.1
LITERAL ENGLISH TRANSLATION
Every proposal (which is) made to amend this Constitution
and which is submitted to the people for determination
by Referendum, it must be deemed, for the purpose of
Article 46 of this Constitution, that the people consent to
that proposal if it happens, after submitting it thus to the
people for determination, that the majority of the votes
that are given in that Referendum are given in favour of
enacting it into law.
ARTICLE 47.2.1O
LITERAL ENGLISH TRANSLATION
Every proposal, which is not a proposal for the amendment
of the Constitution, which is submitted to the people for
determination by Referendum it must be deemed that the
people reject it if the majority of the votes that are given
in that Referendum are given against enacting it into law,
and the amount of votes so given against enacting it into
law is not less than a thirty-three and a third per cent
share of the number of electors that are on the roll.
ARTICLE 47.2.2O
LITERAL ENGLISH TRANSLATION
Every proposal, (which is) not a proposal for the
amendment of the Constitution, which is submitted to the
people for determination by Referendum it must be
deemed, for the purposes of Article 27 of this Constitution,
that the people consent to it if they do not reject it in
accordance with the provisions of the foregoing subsection
of this section.
ARTICLE 47.3
LITERAL ENGLISH TRANSLATION
Every citizen who has the right to vote in an election for
members of Dáil Éireann (he) has the right to vote in a
Referendum.
ARTICLE 47.4
LITERAL ENGLISH TRANSLATION
Within the constraint/scope of the aforementioned matters
it is by law that the Referendum will be regulated.
REPEAL OF CONSTITUTION OF SAORSTÁT ÉIREANN AND CONTINUANCE OF LAWS
ARTICLE 48
LITERAL ENGLISH TRANSLATION
REPEALING THE CONSTITUTION OF THE IRISH FREE
STATE AND PERPETUATING LAWS
The Constitution which will be in force for the Irish Free
State immediately before the day of the coming into
operation of this Constitution and the Constitution of the
Irish Free State Act, 1922, in so far as that Act or any
provision of it will be in force at that time, they are repealed
by this and they will be repealed (on) that day and from
then on.
ARTICLE 49.1
LITERAL ENGLISH TRANSLATION
Every power, function, right and prerogative that was
operable in the Irish Free State or with regard to the Irish
Free State immediately before the 11th day of the Month
of December, 1936, whether by virtue of the Constitution
which was then in force or not, by the authority which
had the executive power of the Irish Free State at that
time, it is hereby declared that they all belong to the
people.
ARTICLE 49.2
LITERAL ENGLISH TRANSLATION
Except in so far as provision is made by this Constitution,
or that provision will be made hereafter by law, so that
any of those powers, functions, rights or prerogatives will
be operated, by any organ which is established by this
Constitution, it is hereby enacted that it is not lawful and
it is not possible to operate those powers, functions, rights,
and prerogatives in the State or with regard to the State
except by the Government or with the authority of the
Government.
ARTICLE 49.3
LITERAL ENGLISH TRANSLATION
The Government is successor to the Government of the
Irish Free State with regard to all property, assets, rights
and liabilities.
ARTICLE 50.1
LITERAL ENGLISH TRANSLATION
The laws which will be in force in the Irish Free State
immediately before the day of the coming into operation
of this Constitution will continue to be in full force and in
full effect, within the constraint of this Constitution and to
the extent that they are not against it, until they or any
part of them are repealed or amended by enactment by
the Oireachtas.
ARTICLE 50.2
LITERAL ENGLISH TRANSLATION
Laws which will be enacted before the coming into
operation of this Constitution and in which will be stated
that they are to come into force after that, will come into
force in accordance with what is stated in them unless
the Oireachtas enacts the contrary.
For the Glory of God
and
the Honour of Ireland.
