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BUNREACHT NahIREANNBunreacht Na hireann: A StudyOf The Irish Text by Michel

Cearil

16.10.2008

Foreword Note :

If you ever find yourself in a situation incourt, with a Gardai or any other IrishAuthority, it is of paramount importance thatyou know which Constitution and whatarticles to invoke. What many people do notrealise is that written within our IrishConstitution is an article that states in any

matter of conflict the Irish language text willprevail over the English language text.

Bunreacht Na hireann: A Study Of The IrishText by Michel Cearil (1999)

With that, below is the full literal Englishtranslation of the Irish Text.

Bunreacht Na hireann: A Study Of TheIrish Text by Michel Cearil

THE NATION

ARTICLE 1

LITERAL ENGLISH TRANSLATION

The nation of Ireland hereby affirm(s)/certif(y)(ies) their unassignable/inalienable,invincible/conclusive, sovereign/commandingright to establish whatever type ofGovernment they themselves choose, todetermine their relationship/relations withother nations, and to promote their politicaland economic and learned life in accordancewith the nature / natural bent and practices oftheir ancestors.

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ARTICLE 2


The island of Ireland entirely, along with itsislands and its bordering/territorial seas, isthe national territories/territory.

ARTICLE 3


Until the national territories are made

complete again, and without prejudice to theright of the Parliament and

the Government that is established by thisConstitution to operate jurisdiction in all thenational territories, the laws

that will be enacted by that Parliament willapply/relate to the same area as the laws ofthe Irish Free State applied/related to, andthey will have the same effect outside of thatarea as the laws of the Irish Free-State had.

THE STATE

ARTICLE 4


ire is the name of the State or, in the Englishtongue, Ireland.

ARTICLE 5


Ireland is a sovereign/commanding,

independent, democratic State.

ARTICLE 6.1


It is from the people, under God, that everypower of rule, both legislation and fulfilmentand judgement, comes

and it is the people who have the right toappoint the rulers of the State, and it is upto / rests with the people

finally to settle every question regarding thepolicies of the Nation in accordance withwhat is necessary for the welfare of the

people.

ARTICLE 6.2


It is by the organs of State / State organs thatare established by this Constitution, and bythose alone or by/with their authority, thatthose powers of rule can be operated.

ARTICLE 7


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The flag of three colours i.e. green, white,and orange, (is) the national emblem/flag.

ARTICLE 8.1


As/since (the) Irish (language) is / Irish beingthe national language it is the principal officiallanguage.

ARTICLE 8.2


The English tongue is accepted as anotherofficial language.

ARTICLE 8.3


But provision may be made by law for eitherof those two languages to be a singlelanguage for any official

businesses or business throughout the wholeState or in any part of it.

ARTICLE 9.1.1O


On the coming into operation of thisConstitution anybody who was a citizen ofthe Irish Free State immediately before thecoming into operation of this Constitution is acitizen of Ireland.

ARTICLE 9.1.2O


It is in accordance with law that (the)getting/receiving and (the) losing/loss (of)Irish nationality and citizenship willhenceforth be determined.

ARTICLE 9.1.3O


It is not permitted to withhold Irish

citizenship and nationality from any personbecause that person is male or female.

ARTICLE 9.2


It is a basic political duty on each/everycitizen to be faithful/true to the nation andloyal/steadfast to the State.

ARTICLE 10.1


All potential natural wealth, along with the air


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,under the jurisdiction of the Parliament andthe Government that is established by thisConstitution, along with every royalty andexemption/franchise that is under that

jurisdiction, they all belong to the State,without prejudice to whatever estates andinterests that lawfully belong to any person orto any group at present.

ARTICLE 10.2


Every land and every mine, mineral, andwater which belonged to the Irish Free Stateimmediately before the coming into operationof this Constitution (they) all belong to theState to the extent that they belonged to theIrish Free State at that time.

ARTICLE 10.3


Provision may be made by law to manage /to undertake the management of the

wealth/property that belongs to the State byvirtue of this Article, and to regulate/controlthe permanent alienation/assignment or thetemporary alienation/assignment of thatwealth/property.

ARTICLE 10.4


Provision may be made by law, moreover, toundertake 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 toregulate/control the permanentalienation/assignment or the temporaryalienation/assignment of the land, the mines,the minerals and the waters which will thuscome into its possession.

ARTICLE 11


All the rent of the State whatever its origin,except that part of it of which an exception ismade by law, must be put into one single

fund and appropriated for the purposes andin the manner, that is decided by law andwithin the scope/constraint of thecharges/burdens and the liabilities that arelevied by law.

THE PRESIDENT

ARTICLE 12.1


Ireland will have a President / There will be aPresident of Ireland (i.e. the President ofIreland), who is called the Presidenthenceforth in this Constitution he will have


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,he must operate/exercise and perform the

powers and the functions that are given tothe President by this Constitution and by law.

ARTICLE 12.2.1O


(It is) by simple/unqualified direct vote of thepeople that the President will be elected.

ARTICLE 12.2.2O


Every citizen who has a right to vote in anelection for members of Dil ireann, (he)will have a right to vote in an election for thePresident.

ARTICLE 12.2.3O


It is by secret ballot and in accordance withproportional representation and by the

method of the single transferable vote thatthe voting will be done.

ARTICLE 12.3.1O


The President will hold office for seven yearsfrom the day (he) enters into (theresponsibility of) / takes up (the duty of) hisoffice unless it happens before the end of thatterm that (he) dies or (that he) relinquishesoffice or that he is put out of office, or that

permanent

disablement/derangement/misguidance seizeshim and that (that) is established to thesatisfaction of the Supreme Courtwhile/being composed of at least five judges.

ARTICLE 12.3.2O


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


An election for the office of (the) Presidentmust be held on a day not later than the dateof the end of the term of office of each

particular President and not earlier than thesixtieth day before that date, but if thePresident is put out of office, or if (before heenters into the responsibility/takes up theduty of his office or after that) he happenstodie or resign or permanentdisability/misguidance/derangement

established as said seizes him, an election forthe office of (the) President must be heldwithin sixty days after that thing happens.


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ARTICLE 12.4.2O


Every candidate for the office of (the)President, other than a person who is or whowas a President already, it is from thefollowing that his nomination must come:

i at least twenty people and each (individual)one/person of them a member, at the time, ofa House/ one of the Houses of theOireachtas, or ii the Councils of at least fouradministrative Counties (including CountyBoroughs) as defined/expounded by law.

ARTICLE 12.4.3o


No person and no Council of them ispermitted to participate in the nomination ofmore than a single candidate for the office of(the) President in the same election.

ARTICLE 12.4.4O


Any person who is or who was a Presidentmay nominate himself for the office of (the)President. / It is open to any person who isor who was a President to nominate himselffor the office of (the) President.

ARTICLE 12.4.5O


When only one candidate is nominated for

the office of (the) President, it is notnecessary to vote in order to elect him. / a

ballot / voting to elect him is not a necessity.

ARTICLE 12.5


Within the scope/constraint of the provisionsof this Article it is by law that elections to theoffice of (the) President will beregulated/controlled.

ARTICLE 12.6.1O


The President is not permitted to be amember of Dil ireann nor of Seanadireann.

ARTICLE 12.6.2O


If a member of either of the Houses of theOireachtas is elected to be/become

President, it must be deemed that he hasrelinquished / parted with membership of thatHouse.


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w n e scope cons ra n o an accor ngto (the) provisions of this section that it will

be made.

ARTICLE 12.10.3O


If it is offered/proposed to either of theHouses of the Oireachtas to take/bring acase against the President under this sectionit is not permitted to heed that

proposal/motion except as a result of awritten notice of proposal/motion signed by /under the hand of at least thirty members ofthat House.

ARTICLE 12.10.4O


Neither of the Houses of the Oireachtas ispermitted to accept any suchproposal/motion except as a result of aresolution from that House which will havethe support of at least two-thirds of its fullmembership.

ARTICLE 12.10.5O


If either of the Houses of the Oireachtasmakes a charge/accusation under this sectionthe other House must examine thecharge/case or have the charge/caseexamined.

ARTICLE 12.10.6O


The President will have the right to bepresent and to have advocates/pleaders withhim at that examination.

ARTICLE 12.10.7O


If the result of that examination is that aresolution is passed, with the support of atleast two-thirds of the full membership of theHouse of the Oireachtas that examined thecase or had the case examined, declaringthat the case that was brought against thePresident was established and, themisconduct/misbehaviour which caused thecharge, that it is misbehaviour because ofwhich the President is unsuitable to remain in(possession of) office, the function of thatresolution is to put the President out ofoffice.

ARTICLE 12.11.1O


The President will have a state-home inDublin city or near it.


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. .


The President will get benefits/emolumentsand allowances as will be determined by law.

ARTICLE 12.11.3O


It is not permitted to reduce thebenefits/emoluments nor the allowances ofthe President while he is in office.

ARTICLE 13.1.1O


The President will appoint the Taoiseach i.e.the Head of Government or the PrimeMinister, on his having been nominated byDil ireann.

ARTICLE 13.1.2O


On their having been nominated by theTaoiseach, with the agreement of Dilireann beforehand, the President willappoint the other members of theGovernment.

ARTICLE 13.1.3O


On the advice of the Taoiseach the Presidentmust accept any member of the Governmentgiving up office, or any member of the

Government being put out of office/or putany member of the Government out of office.

ARTICLE 13.2.1O


It is the President, on the advice of theTaoiseach, who will convene and dissolveDil ireann.

ARTICLE 13.2.2O


The President can, in his own judgement,refuse to dissolve Dil ireann on the adviceof a Taoiseach of whom a majority in Dilireann do not continue to be in support.

ARTICLE 13.2.3O


The President can at any time, after takingadvice with the Council of State, conveneeither of the Houses of the Oireachtas, or

both of them.ARTICLE 13.3.1O


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Each Bill that is passed or deemed to havebeen passed by the two Houses of theOireachtas (it) must have the signature of thePresident to it (in order) to enact it into (a)law.

ARTICLE 13.3.2O


Every law that / of those which theOireachtas makes the President must

promulgate it.

ARTICLE 13.4


With this the Defence Forces are put underthe highcommand of the President.

ARTICLE 13.5.1O


The high-command over/of the DefenceForces it is by law that the manner in which itwill be operated will be regulated/controlled.

ARTICLE 13.5.2O


It is from the President that everyvocational/professional officer of the DefenceForces will have his calling/profession.

ARTICLE 13.6


With this the President is given a right ofpardon/absolving, and power to mitigate orto remit a punishment which is imposed on

people in any court of criminal jurisdiction,but, apart from cases of death-sentence, thatpower of mitigation or remission may also begiven by law to other authorities.

ARTICLE 13.7.1O


The President may, after taking advice withthe Council of State, put a message oraddress before the Houses of the Oireachtason any thing which has national importanceor public importance.

ARTICLE 13.7.2O


The President may at any time, after takingadvice with the Council of State, put an

address before the Nation regarding anythingof that kind.


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. .


But in each of those cases the Governmentmust be satisfied beforehand with themessage or the address.

ARTICLE 13.8.1O


The President is not answerable to anyHouse of the Oireachtas nor to any court inthe operation and in the fulfilment of the

powers and functions of his office nor in anydeed which he does or which gives tounderstand that it is a deed he does in theoperation and in the fulfilment of those

powers and functions.

ARTICLE 13.8.2O


But the conduct of the President can be putunder review in either of the Houses of the

Oireachtas for the purposes of section 10 ofArticle 12 of this Constitution, or by anycourt, tribunal or body which will beappointed or nominated by either of theHouses of the Oireachtas to examine a caseunder section 10 of that Article.

ARTICLE 13.9


Apart from a case where it is provided bythis Constitution that the President will actfrom his own counsel, or after taking

counsel with the Council of State, or that hewill act upon something relating to theCouncil of State, or on the advice ornomination of any other group or person, orupon receipt of any other news from anyother group or person, it is only on theadvice of the Government (that) thePresident is permitted to operate and fulfilthe powers and the functions that are givento him by this Constitution.

ARTICLE 13.10


Within the constraint/scope of thisConstitution further powers and functionsmay be given to the President by law.

ARTICLE 13.11


The President is not permitted to operate norto fulfil any power or function (of those)which are granted to him by law except onthe advice of the Government.

ARTICLE 14.1


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If the President is absent or if (he) istemporarily incapacitated/deranged, or if (he)is permanently incapacitated/deranged andthat this is established as provided by section3 of Article 12 of this Constitution, or if ithappens 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 powersand functions of his office or any one ofthem, or if the office of the President isvacant, it is a Commission which will becomposed as provided in section 2 of thisArticle that will operate and fulfil the powersand the functions that are bestowed on thePresident by this Constitution or under it.

ARTICLE 14.2.1O


The following people are the Commission,i.e. the Chief Justice, the Chairman of Dilireann (The Ceann Comhairle) and theChairman of Seanad ireann.

ARTICLE 14.2.2O


The President of the High Court will act as amember of the Commission instead of theChief Justice any time that the office of theChief Justice is vacant or that the ChiefJustice will not be / is not able to act.

ARTICLE 14.2.3O


The Vice-Chairman of Dil ireann will actas a member of the Commission instead ofthe Chairman of Dil ireann any time thatthe office of the Chairman of Dil ireann isvacant or that that Chairman will not be / isnot able to act.

ARTICLE 14.2.4O


The Vice-Chairman of Seanad ireann willact as a member of the Commission insteadof the Chairman of Seanad ireann any timethat the office of the Chairman of Seanadireann is vacant or that that Chairman willnot be / is not able to act.

ARTICLE 14.3


It is lawful for the Commission to act throughany two of their number and to act despite avacancy in their membership.

ARTICLE 14.4



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e ounc o tate w e a e may,by/with a majority of its members, to makewhatever provision they deem fit/proper tooperate and to fulfil the powers and thefunctions which are bestowed on thePresident by this Constitution or under it inany case where provision is not made for it

by the preceding provisions of this Article.

ARTICLE 14.5.1O


The provisions of this Constitution that relateto the President operating and fulfilling the

powers and the functions that are conferredon him by this Constitution 218 TheConstitution of Ireland Bunreacht nahireann or under it they will relate, withinthe scope/constraint of the following

provisions of this section, to the operationand to the fulfilment of those powers andfunctions under this Article.

ARTICLE 14.5.2O


If the President fails to operate or to fulfil anypower or function that he must, according tothis Constitution or under it, operate or fulfil

by/within a stated time, it must be operatedor fulfilled under this Article as soon as

possible after the time so stated.

THE NATIONAL PARLIAMENT

ARTICLE 15.1.1O

CONSTITUTION AND POWERS


The Oireachtas is the name of the NationalParliament, and that is what it is usuallycalled in this Constitution.

ARTICLE 15.1.2O


The Oireachtas consists of the President andtwo Houses: a House of Representativeswhich is called Dil ireann, and a Senatewhich is called Seanad ireann.

ARTICLE 15.1.3O


It is in the city of Dublin or in its vicinity, orwherever else they decide from time to time,that the Houses of the Oireachtas will sit.

ARTICLE 15.2.1O


The only power to make laws for the State ishereby given to the Oireachtas alone noother legislative authority whatsoever has


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power to ma e aws or t e tate.

ARTICLE 15.2.2O


But provision may be made by law to set upor accept sub-legislatures, and to lay out the

powers and functions of those sub-legislatures.

ARTICLE 15.3.1O

LITERAL ENGLISH TRANSLATIONThe Oireachtas can make provision for theestablishment or acceptance of / to establishor accept executive and vocational councils,which represent sections of thesocial/societal life and of the economic life ofthe people.

ARTICLE 15.3.2O


Any law establishing such a council or under

which it is accepted must have/contain aninterpretation/clarification/ illustration of therights, the powers and the duties of thatcouncil, and moreover of its mutualrelationship with the Oireachtas and with theGovernment.

ARTICLE 15.4.1O


The Oireachtas is not permitted to enact anylaw which would be in any way against thisConstitution or against any provision of this

Constitution.

ARTICLE 15.4.2O


In the case of any law (of those) which theOireachtas enacts being in any way againstthis Constitution or against any provision ofthis Constitution it will be without validity tothe extent that it will be against thisConstitution and to that extent alone.

ARTICLE 15.5


The Oireachtas is not permitted to say thatacts which were not an infringement of lawwhile they were being done are aninfringement of law.

ARTICLE 15.6.1O


(It is) The Oireachtas alone (that) has the

right to establish and maintain military forcesor armed forces.


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ARTICLE 15.6.2O


It is not / shall not be lawful to establish ormaintain for any purpose any military forceor armed force whatsoever, apart from amilitary force or an armed force which isestablished and which is maintained by theOireachtas.

ARTICLE 15.7

LITERAL ENGLISH TRANSLATIONThe Oireachtas must sit at least once a year.

ARTICLE 15.8.1O


It is publicly that each House of theOireachtas will sit. /Each House of theOireachtas will sit publicly.

ARTICLE 15.8.2o


But in the case of there being a specialexigency, either of the two Houses can sit

privately provided that two thirds of themembers (who will be / are) present consentto it.

ARTICLE 15.9.1O

LITERAL TRANSLATION

Each individual House of the Oireachtas willelect its own Chairman and Vice-Chairman

from its own membership, and will lay out forthem their powers and their duties.

ARTICLE 15.9.2O


It is by law that the salary of the Chairmanand Vice-Chairman of each separate Housewill be decided.

ARTICLE 15.10


Each particular House will make its ownstanding orders and rules, and each House ofthem will have the power to fix a penalty forthose who transgress them it will have inaddition to that the power to secure freedomof argument and to protect its own officialwritings/documents and the private papers ofits members, and moreover to protect itselfand its members from any person or anygroup of people who would interfere with orinhibit its members or who would try tocorrupt them while they are doing their

duties.

ARTICLE 15.11.1O


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Apart from a case for which an alternative isprovided for by this Constitution the wayjudgement will be given on each question ineach particular House is by a majority of thevotes of the members (who will be) presentand voting but not including the Chairman orthe member who will be / is in charge.

ARTICLE 15.11.2O

LITERAL ENGLISH TRANSLATIONIf the number of votes on the two sides is thesame the Chairman, or the member (who will

be) in charge, will have a deciding votewhich he must give.

ARTICLE 15.11.3O


It is by its standing orders that it will bedecided how many members are / will benecessary for an assembly of either of the

two Houses in order that it have power tofunction.

ARTICLE 15.12


Every official publication and report from theOireachtas and from each of its Houses,along with any statement made in any ofthose Houses, they are free from matters oflaw wherever (they are) published.

ARTICLE 15.13


The members of each House of theOireachtas are free from arrest while in thesanctuary of either of the two Houses or(while) coming to it or going from it, exceptin the case of treason, as it is defined in thisConstitution, or in the case of felony or

breaking the peace and, whatever statementa member will make in any of those Houses,he is not chargeable because of it in anycourt or by any authority except the House

itself.ARTICLE 15.14


No person is permitted to be a member of(the) two Houses of the Oireachtas at thesame time, and anybody who will be amember of one of those Houses and (who)will be made a member of the other House, itmust be immediately deemed that he hasgiven up the first place.

ARTICLE 15.15



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The Oireachtas may make provision by lawto pay allowances to (the) members of eachof its Houses for their duties in the capacityof public representatives, and that theywould be granted, as regards their duties,facility to travel gratis and whatever otherfacility the Oireachtas decides, if it decides.

ARTICLE 16.1.1O

DIL IREANN

LITERAL ENGLISH TRANSLATIONEvery citizen, whether man or woman, whohas completed/reached twenty-one yearsand who is not put under disabilty orincapacity/derangement by this Constitutionnor by law, he is electable to (the)membership of Dil ireann.

ARTICLE 16.1.2O


i Every citizen, and ii whatever other people

in the State that will be determined by law,whether men or women, who havecompleted eighteen years and who are not

put under disqualification by law, and whofulfil the onditions of (the) law regardingelection of members to Dil ireann, theyhave a right to vote in an election ofmembers to Dil ireann.

ARTICLE 16.1.3O


It is not permitted to enact any law which

would put any citizen, because that citizen isa man or a woman, under disability orincapacity/derangement as regards his beinga member of Dil ireann or which woulddisqualify any citizen or any other person, orthat same ground, from being entitled to votein an election of members to Dil ireann.

ARTICLE 16.1.4O


No elector (whatsoever) is permitted to give

more than one vote in an election for Dilireann, and it is by secret ballot that thevoting will be done.

ARTICLE 16.2.1O


The membership of Dil ireann(is/comprises) representatives forconstituencies that are provided/arranged bylaw.

ARTICLE 16.2.2O



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The complement of members of Dil ireannwill be arranged by law from time to time buttheir full complement is not permitted to beunder a member for every thirty thousand ofthe population, nor over a member for everytwenty thousand of the population.

ARTICLE 16.2.3O


The proportion that there will be between thenumber of members who will be elected / for

election at any time for each particularconstituency and the population of eachparticular constituency, according to thelatest 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


The Oireachtas must re-evaluate theconstituencies at least once every twelveyears having due regard to any changesin the

position of the population but any of thechanges which will be made to theconstituencies (they) will not come into forceduring the span of life of the Dil which will

be sitting during that re-evaluation.

ARTICLE 16.2.5O


It is in accordance with proportionalrepresentation and in the manner of the singletransferable vote that the members will beelected.

ARTICLE 16.2.6O


It is not permitted to enact a law whichwould bring under three (people) the numberof members that are to be elected for anyconstituency.

ARTICLE 16.3.1O


Dil ireann must be convened anddissolved as arranged by section 2 of Article13 of this Constitution.

ARTICLE 16.3.2O


There must be a general election formembers for Dil ireann on a day not laterthan thirty days after dissolving Dil ireann.

ARTICLE 16.4.1O



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The voting for each particular generalelection for Dil ireann (it) must be done, inas far as it is possible, (on) the same daythroughout the whole area.

ARTICLE 16.4.2O


Dil ireann must come together within thirtydays from that voting day.

ARTICLE 16.5


Any Dil ireann will have a period of butseven years from the day of its first assembly:a period which is shorter than that can be

provided by law.

ARTICLE 16.6


The member of Dil ireann who will beChairman immediately before the dissolution

of Dil ireann provision must be made bylaw so that it may be deemed that thatmember is elected to Dil ireann in the nextgeneral election, without his undergoingelection.

ARTICLE 16.7


Within the scope/constraint of thoseprovisions before us / the foregoingprovisions of this Article it is in accordancewith law that elections to membership of Dilireann will be regulated, along with fillingcasual/occasional vacancies.

ARTICLE 17.1.1O


As soon as (it is) possible after putting theEstimates on

(the) receipts of the State and the Estimateson the States

expenditure for any financial year before Dilireann

under Article 28 of this Constitution, Dilireann must

consider those Estimates.

ARTICLE 17.1.2O


The legislation which will be necessary togive legal effect

to the Financial Resolutions of eachparticular year (it)


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must be enacted that very year except in sofar as will

otherwise be arranged in regard to eachparticular case in

an enactment to that end.

ARTICLE 17.2


It is not lawful for Dil ireann to pass a voteor resolution,

nor it is not lawful to enact any law, toappropriate the

state rent nor any other public money(whatsoever), unless

Dil ireann has a message from theGovernment under

the hand of the Taoiseach recommending thepurpose of

the appropriation to them.

ARTICLE 18.1

SEANAD IREANN


The complement of Seanad ireann (is) sixtymembers,

i.e. eleven who will be nominated and forty-nine who

will be elected.

ARTICLE 18.2


So that a person would be acceptable on themembership

of Seanad ireann he must be acceptable onthe

membership of Dil ireann.ARTICLE 18.3


The members who will be nominated forSeanad ireann

(they) will be nominated with prior-permission from

themselves by the Taoiseach who will beappointed on

the re-assembly of Dil ireann after thedissolution of


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Dil ireann which causes those members tobe

nominated.

ARTICLE 18.4.1O


The members who will be elected forSeanad ireann, it

is in the following manner they will beelected:

i The National University of Ireland will electthree.

ii Dublin University will elect three.

iii Forty-three (people) will be elected fromrolls of

candidates which will be arranged in themanner

provided here following.

ARTICLE 18.4.2O


Provision may be made by law so that therewill be elected

in accordance with an electoral system, andin the manner,

(that will be) provided by law, by one ormore of the

following institutions, that is / namely:

i the Universities mentioned in subsection 1oof this

section,

ii any other institutions of higher-education inthe State,

that number of members of Seanad ireannthat will be

provided for by law in place of anequal/equivalent

number of the members who will be / are tobe elected

pursuant to paragraphs i and ii of thatsubsection 1o.

A member or members of Seanad ireannmay be

elected under this subsection by institutions

which will

be collected together or by a single


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institution.

ARTICLE 18.4.3O


It is not permitted to plead anything that is inthis Article

in order to prohibit a University which ismentioned in

subsection 1o of this section being dissolved

in accordance

with law.

ARTICLE 18.5


Every election that there will be for themembers who

will be elected to Seanad ireann it is inaccordance with

proportional representation that it will bedone and in

the manner of the single transferable vote, bysecret postal

ballot.

ARTICLE 18.6


The members who will be elected forSeanad ireann by

the Universities it is in accordance with anelectoral system,

and in the manner, which will be provided bylaw that

they will be elected.

ARTICLE 18.7.1O


Before each general election for themembers for Seanad

ireann who will be elected from rolls ofcandidates there

will be arranged in the manner (that will be)provided by

law five rolls of candidates on which will benames of

people who will have knowledge andpractice of the

following affairs and services respectively:-


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ARTICLE 18.7.1Oi


i Irish and the National Intellectual Tradition,Literature,

Art, Education and whatever professions willbe set

out / defined by law for the purpose of thisroll

ARTICLE 18.7.1Oii, iii


ii Agriculture, along with affairs which arerelated to it,

and Fishing

iii Labour, whether it is formally organised ornot

ARTICLE 18.7.1iv, v


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


It is not permitted to elect more than elevenpeople nor,

within the scope/constraint of the provisionsof Article 19

of this Constitution, less than five of themembers of Seanad

ireann from any particular roll.

ARTICLE 18.8


There must be a general election for Seanadireann on a

day not later than ninety days after thedissolution of Dil

ireann, and Seanad ireann must cometogether for/on

(its) first assembly after the general election(on a) day


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that the President will decide for that on theadvice of the

Taoiseach.

ARTICLE 18.9


Each member of Seanad ireann willcontinue in his office,

unless (he) dies or unless (he) gives up office

or unless

he is disqualified, until the day before thevoting day for

the first general election that there will be forSeanad

ireann after electing him or after nominatinghim.

ARTICLE 18.10.1O


Within the scope/constraint of thoseforegoing provisions

of this Article, it is in accordance with lawthat each election

for the members who will be elected toSeanad ireann

will be regulated.

ARTICLE 18.10.2O


It is by nomination by the Taoiseach thatcasual vacancies

in the number of the members who arenominated to

Seanad ireann will be filled, with the priorpermission of

the people who will be nominated.

ARTICLE 18.10.3O


It is in the manner which is provided by lawthat casual

vacancies in the number of the members whoare elected

to Seanad ireann will be filled.

ARTICLE 19


Provision may be made / It will be possible


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26/85

Houses and

which the other House accepts (it) must bedeemed that

it was passed by the two Houses.

ARTICLE 21.1.1O

Money Bills


It is in Dil ireann alone that it is permittedto initiate

Money Bills.

ARTICLE 21.1.2O


Each Money Bill which is passed by Dilireann must be

sent to Seanad ireann for theirrecommendations

regarding it.

ARTICLE 21.2.1O


Each Money Bill which is sent to Seanadireann for their

recommendations regarding it, it must be sentback to

Dil ireann at the end of a period not longerthan

twenty-one days after sending the Bill toSeanad ireann,

and Dil ireann may accept or refuse/rejectall the

recommendations from Seanad ireann orany part of

them.

ARTICLE 21.2.2O


If that Money Bill is not sent back fromSeanad ireann to

Dil ireann within those twenty-one days,or if it is sent

back within those twenty-one days alongwith

recommendations which Dil ireann does

not accept, it

must be deemed that the two Houses assed


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it at the end

of those twenty-one days.

ARTICLE 22.1.1O


What is meant by a Money Bill is a Billwhich contains

only provisions for all of the followingmatters or any

part of them i.e. imposing, repealing,remitting, changing

or regulating taxation laying charges onpublic moneys

to pay debts or for other financial objectives,or changing

or repealing such charges provision/supplyappropriating,

receiving, keeping or issuing public money,

or scrutinizing

accounts of it collecting or guaranteeing orrepaying any

loan subsidiary matters which are connectedwith those

things or with any part of them.

ARTICLE 22.1.2O


In that explanation no taxation, money orloan which

local bodies or authorities collect for localpurposes are

included under the wordstaxation, public money and

loan, respectively.

ARTICLE 22.2.1O


If it is the opinion of the Chairman of Dilireann that

any particular Bill is a Money Bill he mustcertify that it is

a Money Bill and, within the scope/constraintof the

following provisions of this section, there willbe no

bypassing that certification.


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ARTICLE 22.2.2O


Seanad ireann can/may pass a resolution inan assembly

in which not less than thirty members will bepresent,

requesting the President to put a questionbefore a

Committee of Privileges to see whether theBill is a Money

Bill or is not.

ARTICLE 22.2.3O


If the President assents to the request aftertaking counsel

with the Council of State, he must appoint aCommittee

of Privileges. (It is) The same number ofmembers of Dil

ireann and of Seanad ireann (that) will beon that Committee,

with a judge of the Supreme Court asChairman

over them. It is after taking counsel with theCouncil of

State that those appointments will be made.If the number

of votes on both sides is the same theChairman will have

a vote, but if it is not the same he will not.

ARTICLE 22.2.4O


The President must put the question beforethe Committee

of Privileges that will be appointed in thatway, and the

Committee must send their judgement on thequestion to

the President within twenty-one days afterthe day the

Bill was sent to Seanad ireann.

ARTICLE 22.2.5O


There will be no b assin the ud ement of


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the Committee.

ARTICLE 22.2.6O


If the President rejects Seanad ireanns request after taking

counsel with the Council of State, or if theCommittee of

Privileges do not express their judgement

within the period

mentioned here before us, the certification ofthe Chairman

of Dil ireann will stand.

ARTICLE 23.1


Period to Consider Bills

This Article relates to each Bill which Dil

ireann passes

and which is sent to Seanad ireann, excepta Money Bill

or a Bill the period for the consideration ofwhich by

Seanad ireann was shortened under Article24 of this

Constitution.

ARTICLE 23.1.1OLITERAL ENGLISH TRANSLATION

If it happens, within the particular period(that is)

mentioned in the next subsection, thatSeanad ireann

rejects any Bill to which this Article relates,or that Seanad

ireann passes the Bill and amendments to it

which Dil

ireann rejects, or if Seanad ireann doesnot pass the

Bill (whether amended or withoutamendment/amending)

or (does not) reject it within the particularperiod, then if

Dil ireann passes a resolution to that endwithin one

hundred and eighty days after the expirationof the


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particular period, it must be deemed that thatBill was

passed by both Houses of the Oireachtas(on) the day

(that) the resolution was passed.

ARTICLE 23.1.2O


Ninety days, or any period (which is) longer

than that

which both Houses of the Oireachtas settletogether with

regard to the Bill, (is) the particular period,and the

commencement of the period is the day thatthe Bill is

first sent from Dil ireann to Seanadireann.

ARTICLE 23.2.1O


That preceding section of this Articleconcerns each Bill

which is initiated in Seanad ireann and(which is) passed

by Seanad ireann, and (which is) amendedby Dil

ireann, and that it is deemed for that reasonthat it was

in Dil ireann it was initiated.

ARTICLE 23.2.2O


To that end it is the day on which the Bill issent to

Seanad ireann for the first time after itsamendment by

Dil ireann that the particular period for thatBill

commences.

ARTICLE 24.1


If Dil ireann passes a Bill, other than a Billwhich is

mentioned as being a Bill which contains a

proposal to

amend the Constitution and the Taoiseach


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sends written

messages to the President and to theChairman of each

House of the Oireachtas, affirming to themthat it is the

opinion of the Government that there is anurgency and

necessity (to have) the Bill immediately toprotect the

peace and security of the people, or thatthere is an urgency

and necessity to have it immediately becauseof there

being a public internal or internationalemergency, then

if Dil ireann so determines by resolution,and the

President assents to the resolution, aftertaking counsel

with the Council of State, the period in whichthat Bill

will be left under the consideration of Seanadireann

must be shortened and put under the limitwhich is

mentioned in the resolution.

ARTICLE 24.2LITERAL ENGLISH TRANSLATION

Any Bill the period for the consideration ofwhich by

Seanad ireann was shortened under thisArticle, if it

happens,

(a) in the case of a Bill which is not a MoneyBill, that

Seanad ireann rejects it or that Seanadireann passes

it along with amendments which Dil ireannrejects

or that Seanad ireann does not pass norreject it, or,

(b) in the case of a Money Bill, that Seanadireann sends

it back to Dil ireann along with

recommendations

which Dil ireann does not acce t or that


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Seanad

ireann does not send it back to Dilireann,

within the period mentioned in the resolution,it must be

deemed that the Bill was passed by bothHouses of the

Oireachtas at the end of that period.

ARTICLE 24.3


On a Bill the period for the consideration ofwhich by

Seanad ireann was shortened under thisArticle being

made law, it will be in force for a period ofninety days

from the date of its enactment, but that willbe all, unless

both Houses of the Oireachtas agree beforethe end of

that period (that) that law remain in force fora period

which is longer than that, and that the periodthat is so

agreed is mentioned in resolutions by bothHouses.

ARTICLE 25.1


Signing and Promulgating Laws

As soon as a Bill is passed, other than a Billwhich is

mentioned/stated to be a Bill in which there isa 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 hishand to it

and to promulgate it as a law in accordancewith the

provisions of this Article.

ARTICLE 25.2.1O



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Apart from a case for which the contrary isprovided by

this Constitution, each Bill which is offered tothe President

in that way to put his hand to it and topromulgate it (as)

law, he must put his hand to it on a day notearlier than

the fifth day and not later than the seventh

day after the

day the Bill is offered to him.

ARTICLE 25.2.2O


On the petition/request of the Government,with the joint

consent of Seanad ireann beforehand, thePresident may

put his hand to any Bill which gives rise tothat petition/

request earlier than the fifth day after theaforesaid date.

ARTICLE 25.3


Every Bill the period for the consideration ofwhich by

Seanad ireann was shortened under Article24 of this

Constitution, the President must put his handto it (on)

the day that that Bill is offered to him to signit and to

promulgate it as law.

ARTICLE 25.4.1O


Every Bill becomes law the day the Presidentputs his

hand to it under this Constitution and it is alaw (on) that

day and from that day on and, unless it isclear that there

is a contrary intention in regard to it, that isthe day it

comes into operation.

ARTICLE 25.4.2O


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Every Bill to which the President puts hishand under this

Constitution he must promulgate it as law bya notice in

the Official Journal, under an order from him,saying that

the Bill is law.

ARTICLE 25.4.3O


The text of a Bill to which the President willput his hand

is the text which was passed or is deemed tohave been

passed by both Houses of the Oireachtasand, if a Bill is

passed or if it is deemed to have been sopassed in the

two official languages, the President will puthis hand to

the Irish text and to the English text of theBill.

ARTICLE 25.4.4O


In the event of the President

s putting his hand to the text

of a Bill in one of the official languages and inthat language

only, an official translation must be broughtout in the

other official language.

ARTICLE 25.4.5O


As soon as is possible after signing a Bill andpromulgating

it as law, the text of that law on which will bethe

Presidents hand/signature or, in the case of thePresidents

hand/signature being on the Irish text and onthe English

text of that law, those two signed texts mustbe put into


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,counsel with the

Council of State, to submit any Bill to whichthis Article

relates to the Supreme Court fordetermination whether

that Bill or any (particular) provisions orprovision of it

are contrary to this Constitution or contraryto any provision

of it.

ARTICLE 26.1.2O


In every case of that kind the Bill must besubmitted to

the Court for determination (on) a day whichis not later

than the seventh day after the date on whichthe Taoiseach

offers the Bill to the President to put his handto it.

ARTICLE 26.1.3O


Any Bill which is submitted to the SupremeCourt for

determination under this Article, the

President is not

permitted to put his hand to it until the Courtgives its

decision.

ARTICLE 26.2.1O


The Supreme Court, a court in which therewill be at least

five judges, must consider every questionwhich the

President submits to it for determinationunder this Article

and, after listening to arguments from theAttorney General

or on his behalf and from barristers who willbe chosen

by the Court, it must give its decision on thatquestion

publicly in the court as soon as possible and,


38/85

,

(on) a day not later than sixty days aftersubmitting the

question to it for determination.

ARTICLE 26.2.2O


The judgement which the majority of thejudges of the

Supreme Court give, that is the judgement ofthe Court

for the purposes of this Article and he whowill announce

that judgement is that one of those judgeswhom the Court

will appoint to that end, and it is notpermitted to announce

any other opinion, agreeing or disagreeingwith that

judgement, nor is it permitted to disclose thatthere is any

other opinion of that kind.

ARTICLE 26.3.1O


In the case of any Bill which is submitted tothe Supreme

Court for determination under this Article, ifit is the

judgement of the Court that any provision ofit is contrary

to this Constitution or contrary to anyprovision of it, the

President must decline to put his hand to thatBill.

ARTICLE 26.3.2O


In the event of a request having been sent tothe President

under Article 27 of this Constitution withregard to a Bill

to which that Article applies, that Articlemust be fulfilled.

ARTICLE 26.3.3O


In every other case the President must put


39/85

Bill as soon as possible after the day theSupreme Court

gives its judgement.

ARTICLE 27


Submitting Bills to the People fordetermination

This Article applies to every Bill, other than aBill which

is stated/mentioned as being a Bill in whichthere is a

proposal to amend this Constitution, which isdeemed,

by virtue of Article 23 of this Constitution, tohave been

passed by the two Houses of the Oireachtas.

ARTICLE 27.1


A majority of the members of Seanadireann, along with

at least a third of the members of Dilireann, are

permitted to send a joint-appeal to thePresident under

this Article, asking him to decline to put hishand to any

Bill to which this Article applies and (todecline) to

promulgate that Bill as law, because of itshaving a

proposal in which there is so much nationalimportance

that the judgement of the people on it shouldbe obtained.

ARTICLE 27.2


Every petition/appeal of that kind must be inwriting and

under the hand of the petitioners and theirsignatures

must be verified in the manner ordered bylaw.

ARTICLE 27.3


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There must be a clear account in everypetition of that

kind of the particular matter or matters onwhich it is

based, and (it must) be offered to thePresident on a day

not later than four days after the date onwhich the Bill is

deemed to have been passed by the twoHouses of the

Oireachtas.

ARTICLE 27.4.1O


As soon as the President gets a petitionunder this Article

he must consider it and, after taking counsel

with theCouncil of State, give his judgement on it(on) a day not

later than ten days after the day that that Billto which the

petition relates/applies is deemed to havebeen passed,

by the two Houses of the Oireachtas.

ARTICLE 27.4.2O


In the case of the Bill or of any provision of itbeing

referred to the Supreme Court fordetermination under

Article 26 of this Constitution the Presidentwill not have

to consider the petition if the Supreme Court,in consequence

of that submission for determination, doesnot

announce or until the Supreme Court doesannounce a

judgement declaring that that Bill or thatprovision of it

is not contrary to this Constitution norcontrary to any

provision of it and, in the case of theSupreme Courts


41/85

announcing a judgement affirming that, thePresident will

not have to announce his judgement on thepetition for

six days after the day the judgement of theSupreme Court

will be announced affirming as stated.

ARTICLE 27.5.1O


In the case of every Bill which is the groundfor a petition

under this Article, if it is the judgement of thePresident

that it contains a proposal which is of suchnational importance

that the judgement of the people should beobtained

on it, he must send a written document underhis hand

and under his Seal to the Taoiseach and tothe Chairman

of each House of the Oireachtas informingthem of that,

and he must decline to put his hand to thatBill and to

promulgate it (as) law unless the proposal is

accepted,

and until it is accepted

ARTICLE 27.5.1Oi, ii


i by the will of the people in a Referendum in

accordance with the provisions of section 2of Article

47 of this Constitution, within eighteen

months from

the day the President gives his decision, or

ii by resolution by Dil ireann passed withinthe

aforesaid period after Dil ireann hasdissolved and

re-assembled.

ARTICLE 27.5.2O



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which is ground

for a petition under this Article is acceptedby the will of

the people or by a resolution by Dil ireannin accordance

with the foregoing provisions of this section,that Bill must

be offered to the President as soon aspossible after its

acceptance, in order to put his hand to it andto promulgate

it as law, and thereupon the President mustput his hand

to the Bill and duly promulgate it as law.

ARTICLE 27.6


In the case of each Bill which is ground for apetition

under this Article, if it is the judgement of thePresident

that there is no proposal in it that is of suchnational

importance that the judgement of the peopleon it should

be obtained, he must send a writtendocument under his

hand and under his Seal to the Taoiseachand to the

Chairman of each House of the Oireachtasinforming them

of that, and put his hand to that Bill on a daynot later

than eleven days after the day that that Bill isdeemed to

have been passed by the two Houses of the

Oireachtas,

and duly promulgate it as law.

THE GOVERNMENT

ARTICLE 28.1


The complement of members of theGovernment is at

least seven (people), and at most fifteenpeople, and it is


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44/85

this subsection,time of war covers a time when armed

conflict in which the State is not participatingwill be in

progress but that each House of theOireachtas will have

decided by resolution in regards to it that,because of that

armed conflict, a state of national emergencyexists which

makes a difference to the basis of the life ofthe State and

time of war or armed revolt covers that

period of time

which there will be between the time anywar, or any

armed conflict of the aforementioned kind, or

armed revolt

is put to an end and the time that each Houseof the

Oireachtas decides by resolution that thestate of national

emergency which that war, or that armedconflict, or that

armed revolt caused, no longer exists.

ARTICLE 28.4.1O


The Government is answerable to Dilireann.

ARTICLE 28.4.2O


It is in joint authority that the Governmentwill come

together and will act, and they are alltogether responsible

for the Departments of State that areadministered by

members of the Government.

ARTICLE 28.4.3O


The Government must prepare Estimates ofthe Income

of the State and Estimates of the Expenditureof the State


45/85

for each financial year, and put them beforeDil ireann

for their consideration.

ARTICLE 28.5.1O


The Taoiseach is the title of the head of theGovernment,

i.e. the Prime Minister, and that is what he iscalled in the

Constitution.

ARTICLE 28.5.2O


The Taoiseach must give information ingeneral to the

President on matters which relate to internalpolicy and

to external policy.

ARTICLE 28.6.1O


The Taoiseach must nominate a member ofthe Government

to be Tnaiste.

ARTICLE 28.6.2O


If the Taoiseach dies or if he becomespermanently incapacitated/

deranged/confused, the Tnaiste must act forevery

A study of the Irish text Staidar ar an tacsGaeilge 421

purpose in place of the Taoiseach untilanother Taoiseach

is appointed.

ARTICLE 28.6.3O


The Tnaiste must, moreover, act on behalfof or in place

of the Taoiseach while he is temporarilyabsent.

ARTICLE 28.7.1O



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e ao seac an e na s e an amember of the

Government who will be in charge of theDepartment of

Finance must be members of Dil ireann.

ARTICLE 28.7.2O


The other members of the Government mustbe members

of Dil ireann or of Seanad ireann but it isnot lawful

that more than two of them be members ofSeanad ireann.

ARTICLE 28.8


Every member of the Government has theright to be

present and to speak in each House of theOireachtas.

ARTICLE 28.9.1O


The Taoiseach may give up office at any timeby informing

the President of that.

ARTICLE 28.9.2O


Any other member of the Government maygive up office

by informing the Taoiseach of that in order toput the

matter before the President.

ARTICLE 28.9.3O


The President must accept any member ofthe Government,

other than the Taoiseach, giving up office ifthe

Taoiseach recommends that to him.

ARTICLE 28.9.4


The Taoiseach may at any time, for reasonswhich he


47/85

mse cons ers su c en , as a mem er othe

Government to give up office if that memberdoes not

act in accordance with that request, thePresident must

put that member out of office if theTaoiseach so advises.

ARTICLE 28.10


Any time that a majority in Dil ireann doesnot continue

to be in support of the Taoiseach, he mustgive up office

unless the President dissolves Dil ireannon the advice

of the Taoiseach and the Taoiseach succeedsin getting

the support of a majority in Dil ireann onthe reassembly

of Dil ireann after the dissolution.

ARTICLE 28.11.1O


If the Taoiseach gives up office at any time, itmust be

considered that the rest of the members of

the Government

give up office also but the Taoiseach and therest of the

members of the Government will continuewith their duties

until their successors are appointed.

ARTICLE 28.11.2O


The members of the Government who will bein office

on the day of a dissolution of Dil ireann,they will

continue in their office until their successorsare appointed.

ARTICLE 28.12


The following matters will be regulated inaccordance


48/85

w aw .e. e organ za on o epar men sof State and

the division of business between them, theappointment

of members of the Government to beMinisters in charge

of those Departments, the fulfilling of thefunctions relating

to the office of a member of the Governmentwhile that

member is absent for a period or (mentally)incapacitated,

and the salary of members of theGovernment.

INTERNATIONAL RELATIONS

ARTICLE 29.1


Ireland affirms that she wishes peace and co-operation,

in accordance with international equity andinternational

morality, to be established between thenations of the

world.

ARTICLE 29.2


Ireland further affirms that she wishes that allstrife between

nations should be settled peacefully byinternational

arbitration or by judicial decision.

ARTICLE 29.3


Ireland accepts the generally acknowledgedfundamental

rules of international law to be a guide forIreland in its

relations with other States.

ARTICLE 29.4.1O


In accordance with Article 28 of thisConstitution it is the

Government which will operate, or it is withthe authority


49/85


50/85

tate may rat y t e ng e uropeanInstrument (which

was signed on behalf of the Member Statesof the

Communities in Luxembourg on the 17th dayof February,

1986, and in the Hague on the 28th day ofFebruary,

1986). No provision which is in this

Constitution deprivesof legal validity any laws enacted, acts doneor actions

which the State accepted, because of thenecessities of

the obligations as a member of theCommunities, nor

prohibits laws enacted, acts done or actionsaccepted by

the Communities, or institutions of theCommunities, from

having legal force in the State.

ARTICLE 29.5.1O


Every international treaty in which the Statewill be

participative must be laid before Dilireann.

ARTICLE 29.5.2O


Any international treaty which would incur anexpense to

the public fund (it) will not be binding on theState unless

Dil ireann consents to the terms of thetreaty.

ARTICLE 29.5.3O


This section does not concern treaties noragreements on

technical and administrative matters.

ARTICLE 29.6


No international treaty will be part of theinternal law of


51/85

the State except as theOireachtas/Legislature determines.

THE ATTORNEY GENERAL

ARTICLE 30.1


There will be an Attorney General, and it ishe who is

adviser to the Government in matters of law

and legalopinions, and he must operate and fulfil every

power,

every function and every duty which isconferred or

imposed on him by this Constitution or bylaw.

ARTICLE 30.2


It is by the President that the AttorneyGeneral will be

appointed on his having been nominated bythe Taoiseach.

ARTICLE 30.3


In the case of every crime and offence that isbrought in

any court which is established under Article34 of this

Constitution, except a court of summaryjurisdiction, it is

in the name of the People and at the suit ofthe Attorney

General, or at the suit of some other personwho is

authorised for that in accordance with law,that the charge

will be made.

ARTICLE 30.4


The Attorney Generals being a member of the Government

is not permitted.

ARTICLE 30.5.1O



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the President of that.

ARTICLE 31.7


The President may, for reasons/groundswhich are sufficient

to himself, put any person of those whom he

appointed to the Council of State out ofoffice by an order

under his hand and under his Seal.

ARTICLE 31.8


The President may convene the Council ofState (in)

whatever place and time he will arrange forit.

ARTICLE 32


Any powers or functions which it ismentioned concerning

them in this Constitution that it is lawful forthe President

to operate or to fulfil them after takingcounsel from the

Council of State, the President is notpermitted to operate

or fulfil any power or function of them unlesshe convenes

the Council of State in every casebeforehand, and listens

to the members of that Council who will bepresent.

THE COMPTROLLER AND AUDITORGENERAL

ARTICLE 33.1LITERAL ENGLISH TRANSLATION

There will be a Comptroller and AuditorGeneral to

regulate all expenditure on behalf of theState, and to

make an audit of every account of moneywhich is

administered by the Oireachtas or under the

authority of

the Oireachtas.


56/85

ARTICLE 33.2


It is by the President that the Comptrollerand Auditor

General will be appointed, on beingnominated by Dil

ireann.

ARTICLE 33.3


The Comptroller and Auditor General is notpermitted to

be a member of either of the Houses of theOireachtas,

nor to be in any other beneficial post oroffice.

ARTICLE 33.4


The Comptroller and Auditor General mustput reports

before Dil ireann at certain times as (willbe) determined/

decided by law.

ARTICLE 33.5.1O


It is not permitted to put the Comptroller andAuditor

General out of office except as a result ofmisbehaviour

or mental incapacity which will be cited, noreven then

unless Dil ireann and Seanad ireann passresolutions

demanding that he be put out of office.ARTICLE 33.5.2O


Any resolutions of that kind which Dilireann and Seanad

ireann will pass the Taoiseach must dulygive an account

of them / information on them to thePresident, and send

him a copy of every resolution of that kindunder the


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certification of the Chairman of the House ofthe Oireachtas

which passed it.

ARTICLE 33.5.3O


Immediately after the President receives thatreport and

copies of those resolutions he must, by orderunder his

hand and under his Seal, put the Comptrollerand Auditor

General out of office.

ARTICLE 33.6


Within the constraint/scope of the foregoing,it is by law

that the conditions and circumstances of theoffice of the

Comptroller and Auditor General will bedetermined.

THE COURTS

ARTICLE 34.1


It is in courts which are established by lawand by judges

who are appointed in the manner that is setout in this

Constitution that justice will be administered,and it is

publicly that that will be done except in thosespecial

limited cases that will be enjoined by law.

ARTICLE 34.2


Those courts will include Courts of FirstInstance and a

Court of Final Appeal.

ARTICLE 34.3.1O


Those Courts of First Instance will include a

High-Court

which will have full fundamental jurisdiction,


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and power

to give a judgement, in every matter andquestion of law

or fact whether they are civil or criminal.

ARTICLE 34.3.2O


Apart from a case for which the contrary isprovided by

this Article, the High Court will havejurisdiction as regards

that question of any particular law having ornot having

validity having regard to the provisions of thisConstitution,

and no question of that kind is permitted tobe raised

(through pleading or argument or otherwise)

in any Court,

established under this Article or under anyother Article

of this Constitution, except the High Court orthe Supreme

Court.

ARTICLE 34.3.3O


No Court will have jurisdiction to put indoubt the validity

of a law or of any provision of a law which isa law that

the President submitted the Bill for it to theSupreme Court

for decision under Article 26 of thisConstitution, nor to

put in doubt the validity of a provision of a

law if the

President submitted the correspondingprovision in the

Bill for that law to the Supreme Court fordecision under

that Article 26.

ARTICLE 34.3.4O


Among the Courts of First Instance,moreover, will be


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Court on a question regarding a laws havingvalidity or

not having regard to the provisions of thisConstitution is

that one of the judges of that Court whichthat Court will

appoint for that (purpose), and it is notpermitted to

announce any other opinion on that question,agreeing

or disagreeing with that decision, nor is itpermitted to

disclose there being any other opinion of thatkind.

ARTICLE 34.4.6O


There will be no passing over / bypassing the

judgement

of the Supreme Court in any case.

ARTICLE 34.5.1O


Every person who will be appointed to be ajudge under

this Constitution (he) must make thefollowing declaration

and put his hand to it:

In the presence of God the Almighty I, , (am)

promising and declaring solemnly andtruthfully that I

will duly and faithfully perform, to the best ofmy

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 Iwill uphold

the Constitution and laws of Ireland. Goddirect and protect

me.

ARTICLE 34.5.2O



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It is in the presence of the President that theChief Justice

will make that declaration and put his hand toit, and it is

in the court publicly and in the presence ofthe Chief

Justice or of the most senior judge of theSupreme Court

who will be available that every other judge

of the Supreme

Court and every judge of the High Court andof every

other Court will make that declaration andput his hand

to it.

ARTICLE 34.5.3O


Every judge must make the declaration andput his hand

to it before (he) takes up the responsibilitiesof the duties

of his office, and at any rate, on a date notlater than ten

days after the day of his appointment, or adate which is

later than that as the President will decide.

ARTICLE 34.5.4O


Any judge who will refuse or neglect tomake the aforesaid

declaration (it) must be deemed that he hasrelinquished

his office.

ARTICLE 35.1


It is by the President that the judges of theSupreme Court,

the High Court and every other Court whichis established

in pursuance of Article 34 of this Constitutionwill be

appointed.

ARTICLE 35.2



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accordance with that law, that the ordinarycourts are not

adequate to enforce effectively theadministration of justice

and to preserve public order and peace.

ARTICLE 38.3.2O


It is by law that the constitution, powers,

jurisdiction and

procedure of those specific courts will bearranged.

ARTICLE 38.4.1O


Military benches may be established to trypeople in

offences against military law which it is saidthey did while

they were under military law, and moreoverto cope with

unrest or with armed rebellion.

ARTICLE 38.4.2O


A person of the Defence Forces who is noton (military)

service it is not permitted to try him beforeany army

court or other military bench in an offencethat can be

tried in the civil courts, unless it is a crimewhich is under

the jurisdiction of any army court or othermilitary bench

under any law to enforce military discipline.

ARTICLE 38.5


It is not permitted to try a person in anycriminal charge/

prosecution except in the presence of asworn committee,

except in the case of trial of offences undersection 2,

section 3 or section 4 of this Article.

ARTICLE 38.6


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function.

ARTICLE 40.2.1O


The State is not permitted to confer a title ofnobility on

any person.

ARTICLE 40.2.2O


No citizen is permitted to accept a title ofnobility nor a

title of honour except with the assentbeforehand of the

Government.

ARTICLE 40.3.1O


The State guarantees not to interfere by itslaws with the

personal rights of any citizen, and it furtherguarantees to

defend and assert those rights with its laws inso far as it

is possible.

ARTICLE 40.3.2O

LITERAL ENGLISH TRANSLATIONThe State will, in particular, by its laws,

protect the life

and person and good reputation andproperty rights of

every citizen from unjust attack to the extentof its power,

and assert them in a case of injustice.

ARTICLE 40.3.3O


The State acknowledges the right of theunborn to their

life and, having due regard to the equal rightof the mother

to her life, it guarantees not to interferethrough its laws

with that right and it guarantees further toprotect and

assert that right with its laws in so far as it isossible.


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ARTICLE 40.3.3 (contd)


This susbsection will not limit freedom totravel between

the State and another state.

This subsection will not limit freedom to getinformation

or to make information available in the Stateas regards

services which are lawfully available inanother state but

that (is) within the scope/constraint ofwhatever conditions

that may be laid down by law.

ARTICLE 40.4.1O


It is not permitted to take his personalfreedom from any

citizen except in accordance with law.

ARTICLE 40.4.2O


When any person makes a complaint, or acomplaint is

made on behalf of any person, to the High-Court or to

any judge of it stating that that person isbeing kept a

prisoner unlawfully, the High Court and anyjudge and

every judge of it to whom that complaint ismade must

inquire immediately concerning thatcomplaint and may

order the one keeping that person a prisonerto bring that

person personally before the High Court (ona) day that

is named and to certify in writing what thegrounds for

his imprisonment are, and the High Courtmust, when

that person is brought personally before thatCourt and


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him a

prisoner to prove that the imprisonment is ajust

imprisonment, order that that person bereleased from

that imprisonment if that Court does notconsider it certain

that it is in accordance with the law that he isbeing held.

ARTICLE 40.4.3O


In a case of a person who is said to be beingunlawfully

kept a prisoners being brought in personbefore the High

Court in pursuance of an order to that effectbeing made

under this section and that the Court iscertain that that

person is being kept a prisoner inaccordance with a

particular law but that that law is invalidhaving regard to

the provisions of this Constitution, the HighCourt must

submit that question of whether that law is or

is not valid

to the Supreme Court for judgement in theform of a

stated case and (it) can, while that question isbeing so

submitted for judgement or at any time afterthat, allow

that person to have his freedom, subject tothose bonds

and conditions that the High Court willappoint until the

Supreme Court will give a judgement on thequestion

which will be thus submitted for itsjudgement.

ARTICLE 40.4.4O


Three judges constitute a High Court in anyparticular


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,being kept a

prisoner unlawfully is brought in personbefore the High

Court in pursuance of an order to that effectmade under

this section, if the President of the HighCourt or, if he is

not available, the most senior judge of thatCourt who is

/ will be available orders, as regards thatcase, that it have

that complement and one judge constitutes aHigh 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 itmaking an

order under this section ordering a personunder sentence

of death to be brought before (it) in person,the High

Court or that judge of it must also order thatthe exercise

of that death sentence be delayed until thatperson is

brought in person before the High Court andit is

determined whether it is lawful to keep thatperson a

prisoner or it is not lawful and if it isdetermined, after

delaying that implementation, that it is lawfulto keep

that person a prisoner, the High Court will

appoint a day

to implement that death sentence and thatdeath sentence

will have effect subject to the day soappointed being put

in place of the day which was first arrangedto implement

that death sentence.

ARTICLE 40.4.6O



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.

ARTICLE 40.6.1Oi (contd.)


The publication or recitation of anythingblasphemous or

rebellious or obscene is a punishable crime inaccordance

with law.

ARTICLE 40.6.1Oii


The righ

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