Constitution of the Irish Free State (consolidated text)

By Oireachtas

The Constitution of the Irish Free State (Saorstát Éireann) came into force on 6 December 1922. It was the constitution of the Irish Free State from then until the Constitution of Ireland came into force on 29 December 1937.

• Language: English
• Publisher: DigiCat
• Release date: Jun 3, 2022
• ISBN: 8596547055105

Book preview

Oireachtas

Constitution of the Irish Free State (consolidated text)

EAN 8596547055105

DigiCat, 2022

Contact: [e-mail]

Table of Contents

Article 1.

Article 2.

[ Article 2A.

33. Exclusion of section 8 of the Law of Libel Amendment Act, 1888.

Article 3.

Article 4.

Article 5.

Article 6.

Article 7.

Article 8.

Article 9.

Article 10.

Article 11.

Article 12.

Article 13.

Article 14.

Article 15.

[ Article 16.

[ Article 17.

Article 18.

Article 19.

Article 20.

Article 21.

Article 22.

Article 23.

Article 24.

Article 25.

Article 26.

[ Article 27.

Article 28.

Article 29.

[ Article 30.

[ Article 31.

[ [ Article 31A.

[ Article 32.

[ [ Article 32A.

[ [ Article 32B.

[ Article 33.

[ Article 34.

[ Article 35.

Article 36.

Article 37.

[ Article 38.

[ [ Article 38A.

[ Article 39.

[ Article 40.

Article 41.

Article 42.

Article 43.

Article 44.

Article 45.

Article 46.

[ Article 47.

[ Article 48.

Article 49.

Article 50.

Article 51.

Article 52.

Article 53.

Article 54.

Article 55.

Article 56.

[ Article 57.

Article 58.

Article 59.

[ Article 60.

Article 61.

Article 62.

Article 63.

Article 64.

Article 65.

Article 66.

Article 67.

Article 68.

Article 69.

Article 70.

Article 71.

Article 72.

TRANSITORY PROVISIONS.

Article 73.

Article 74.

Article 75.

Article 76.

Article 77.

Article 78.

Article 79.

Article 80.

Article 81.

[ Article 82.

Article 83.

Article 1.

Table of Contents

The Irish Free State (otherwise hereinafter called or sometimes called Saorstát Eireann) is a co-equal member of the Community of Nations forming the British Commonwealth of Nations.

Article 2.

Table of Contents

All powers of government and all authority, legislative, executive, and judicial, in Ireland are derived from the people of Ireland, and the same shall be exercised in the Irish Free State (Saorstát Eireann) through the organisations established by or under, and in accord with, this Constitution.

[Article 2A.

Table of Contents

PART I. Preliminary and General

1. Operation of Parts II to V of this Article.

(1) Parts II, III, IV, and V of this Article shall not be of any force or effect unless or until the Executive Council makes an Order under this section declaring that Parts II, III, IV, and V of this Article shall come into force, but if and whenever and so often as the Executive Council makes such order Parts II, III, IV, and V of this Article shall come into and be of full force and effect immediately upon the making of such order and shall continue in such force and effect until the Executive Council makes an order under this section declaring that the said Parts of this Article shall cease to be in force whereupon the said Parts of this Article shall cease to be in force but without prejudice to the validity of anything previously done thereunder. (2) Whenever the Executive Council is of opinion that circumstances exist which render it expedient that Parts II, III, IV, and V of this Article should be brought into force, the Executive Council may by order declare that Parts II, III, IV, and V of this Article shall come into force. (3) Whenever and so often as Parts II, III, IV, and V of this Article are in force and the Executive Council is of opinion that circumstances rendering it expedient that the said Parts of this Article should be in force no longer exist, the Executive Council may by order declare that Parts II, III, IV, and V shall cease to be in force.

2. Construction of this Article in relation to other Articles.

Article 3 and every subsequent Article of this Constitution shall be read and construed subject to the provisions of this Article, and in the case of any inconsistency between this Article and the said Article 3 or any subsequent Article, this Article shall prevail.

3. Definitions and Interpretation.

(1) In this Article— the word association includes any combination of persons whether such combination is or is not known by a distinctive name; the expression treasonable or seditious documents includes any documents relating to or concerned with or issued or emanating from or appearing to issue or emanate from an unlawful association; the word offence includes crime; the word periodical means any newspaper, magazine, journal, or other publication which is published or issued at regular or substantially regular intervals; (2) The Interpretation Act 1923 (No. 46 of 1923), applies to the interpretation of this Article in like manner as it applies to the interpretation of an Act of the Oireachtas passed after the 1st day of January, 1924.

PART II. The Constitution (Special Powers) Tribunal.

4. Establishment of the Constitution (Special Powers) Tribunal.

(1) As soon as may be after every occasion on which this section of this Article comes into force, there shall be established a tribunal (in this Article referred to as the Tribunal) to be known and styled as the Constitution (Special Powers) Tribunal. (2) The Tribunal shall consist of five members, all of whom shall be officers of the Defence Forces of Saorstát Eireann not below the rank of commandant and shall be appointed and be removable at will by the [Governor-General acting on the advice of the][1] Executive Council. (3) The Minister for Finance may appoint such registrar, clerks, and servants for the purposes of the Tribunal as he thinks proper and there may be paid to such registrar, clerks, and servants and to the members of the Tribunal such remuneration and allowances as the Minister for Finance may determine.

5. The procedure of the Tribunal.