Constitution of the Irish Free State (consolidated text)

by Oireachtas (legislature of Ireland)

CONSTITUTION OF THE IRISH FREE STATE. (SAORSTÁT EIREANN.)

Article 1.

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.

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.

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.

(1) At every sitting of the Tribunal three members and no more of the Tribunal shall be present and constitute the Tribunal for the purposes of such sitting, and every order made and act done by such three members or a majority of them at such sitting shall for all purposes be the order or act (as the case may be) of the Tribunal.

(2) The Tribunal shall have full and absolute power to appoint the time and places of its sittings and full and absolute control of its own procedure in all respects and, in particular, in respect of the admission or exclusion of the public to or from its sittings, the enforcing the attendance of witnesses and the production of documents.

(3) The Tribunal shall have full and absolute power to punish in such manner as the Tribunal thinks proper all persons whom the Tribunal finds guilty of contempt of the Tribunal or any member thereof whether such contempt is or is not committed in the presence of the Tribunal.

(4) The Tribunal shall have an official seal which shall be officially and judicially noticed and every document sealed with such seal and purporting to be an order or other act of the Tribunal shall be received in evidence in all Courts without further proof and be deemed to be an order or other act (as the case may require) of the Tribunal made or done with competent jurisdiction.

(5) The Tribunal may act notwithstanding one or two (but not more than two) vacancies in its membership.

6. Jurisdiction of the Tribunal.

(1) The Tribunal shall have jurisdiction to try and to convict or acquit all persons charged with an offence mentioned in the Appendix to this Article and brought before the Tribunal under this Article, and also jurisdiction to sentence every person convicted by the Tribunal of any such offence.

(2) The Tribunal shall have power to administer oaths to witnesses.

(3) The Tribunal shall have jurisdiction to order the detention of and to detain in custody, pending trial by the Tribunal and during and after such trial until conviction or acquittal, any person brought before the Tribunal and charged with an offence mentioned in the Appendix to this Article.

(4) The Tribunal shall have jurisdiction, in lieu of or in addition to inflicting any punishment on a person convicted by it of an offence, to require such person to enter into a recognisance before a Justice of the District Court, in such amount and with or without sureties as the Tribunal shall direct, to keep the peace for such period as the Tribunal shall specify.

(5) No appeal shall lie from any order, conviction, sentence, or other act of the Tribunal, and the Tribunal shall not be restrained or interfered with in the execution of its jurisdiction or powers under this Article by any court nor shall any proceedings before the Tribunal be removed by certiorari to any court.

7. Sentences by the Tribunal.

(1) Whenever the Tribunal finds any person guilty of an offence mentioned in the Appendix to this Article the Tribunal may, in lieu of the punishment provided by law (other than this Article) for such offence, sentence such person to suffer any greater punishment (including the penalty of death) if in the opinion of the Tribunal such greater punishment is necessary or expedient.

(2) Subject to the provisions of this Article in relation to the imprisonment of persons sentenced by the Tribunal to suffer imprisonment, the Tribunal may direct the manner in which and the authorities by whom any order made or sentence pronounced by the Tribunal is to be carried out and thereupon such authorities shall carry out such order or sentence in accordance with such direction.

(3) Where the Tribunal directs an order made or sentence pronounced by it to be carried out by the civil authorities, such order or sentence shall be carried out by the civil authorities and officers by whom and in the like manner as a like order or sentence of the Central Criminal Court is required by law to be carried out.

(4) Subject to the provisions of this Article, every order, conviction, and sentence of the Tribunal shall have the like consequences in law as a like order, conviction, or sentence of the Central Criminal Court would have and, in particular, every order and sentence of the Tribunal shall confer on the persons carrying out the same the like protections and immunities as would be possessed by the civil authorities and officers when carrying out an order or sentence of the Central Criminal Court.

(5) No coroner's inquest shall be held in relation to a death occasioned by the execution of a sentence of death pronounced by the Tribunal.

8. Immunities of members and officers of and witnesses before the Tribunal.

(1) No action, prosecution, or other proceeding, civil or criminal, shall lie against any member of the Tribunal in respect of any order made, conviction or sentence pronounced, or other thing done by the Tribunal or in respect of any thing done by such member in the course of the performance of his duties or the exercise of his powers as a member of the Tribunal or otherwise in his capacity as a member of the Tribunal, whether such thing was or was not necessary to the performance of such duties or the exercise of such powers.

(2) No action or other proceeding for defamation shall lie against any person in respect of anything written or said by him in giving evidence, whether written or oral, before the Tribunal or for use in proceedings before the Tribunal.

(3) No action, prosecution, or other proceeding, civil or criminal, shall lie against any registrar, clerk, or servant of the Tribunal in respect of anything done by him in the course of the performance of his duties as such registrar, clerk, or servant, whether such thing was or was not necessary to the performance of such duties.

9. Perjury by witnesses before the Tribunal.

Every person who, when giving, on oath or affirmation, evidence whether written or oral before the Tribunal or for use in proceedings before the Tribunal makes orally or in writing any statement as part of such evidence which he knows to be false or does not believe to be true shall be guilty of an offence triable by the Tribunal and shall be liable on conviction thereof to suffer such punishment as the Tribunal shall think proper to inflict.

10. Places and manner of detention and imprisonment under this Article.

(1) In this section the word “prisoner” means a person who either—

(a) is detained in custody under this Article pending his being brought before the Tribunal, or

(b) is detained in custody by order of the Tribunal, whether before, during, or after his trial by the Tribunal, or

(c) is suffering imprisonment in pursuance of a sentence of imprisonment imposed by the Tribunal.

(2) The Minister for Defence may make regulations for all or any of the following purposes, that is to say:—

(a) prescribing the prisons, internment camps, and other places in which prisoners may be detained or imprisoned;

(b) providing for the efficient management, sanitation, control, and guarding of such prisons, camps, and other places;

(c) providing for the enforcement and preservation of discipline amongst prisoners;

(d) providing for the medical, surgical and nursing care of prisoners;

(e) providing for the segregation of prisoners who are awaiting trial or whose trial has not been completed from prisoners who have been tried, convicted, and sentenced;

(f) providing for the prevention of the escape of prisoners and authorising the doing in respect of a prisoner attempting to escape or any person assisting a prisoner in such attempt of anything which may be necessary to prevent him effecting such escape;

(g) providing for the re-capture of prisoners who have escaped and authorising the making of all searches and inquiries necessary for such re-capture;

(h) prescribing or providing for any other matter or thing relating to the efficient detention or imprisonment of prisoners.

(3) Every prisoner shall, notwithstanding anything contained in any Act, be detained or imprisoned (as the case may be) under and in accordance with the regulations made by the Minister for Defence under this section and for the time being in force.

(4) Every person who aids or abets the escape of a prisoner from a place of detention or imprisonment prescribed by regulations made under this section shall be guilty of an offence triable by the Tribunal and shall be liable on conviction thereof to suffer such punishment as the Tribunal shall think proper to inflict.

11. Transfer of trials to the Tribunal.

(1) Whenever a person charged with an offence mentioned in the Appendix to this Article has (whether before or after this Article was inserted in this Constitution or before or after this section comes into force) been sent forward for trial on such charge by the Central Criminal Court or the Circuit Court and is awaiting trial by such Court on such charge, the Tribunal may, on the application of a member of the Gárda Síochána not below the rank of inspector, order that the trial of such person on such charge be transferred to the Tribunal and thereupon such person shall be deemed to have been sent forward for trial by the Tribunal on the said charge at such time and place as the Tribunal shall direct.

(2) Whenever any person charged with an offence mentioned in the Appendix to this Article is (whether before or after this Article was inserted in this Constitution or before or after this section comes into force) remanded in custody or on bail by a Justice of the District Court or a Peace Commissioner, the Tribunal may, on the application of a member of the Gárda Síochána not below the rank of inspector, order that the trial of such person on such charge be transferred to the Tribunal, and thereupon such person shall be deemed to have been sent forward for trial by the Tribunal on the said charge at such time and place as the Tribunal shall direct.

(3) Whenever the Tribunal orders under this section that the trial of a person be transferred to the Tribunal the following provisions shall have effect, that is to say:—

(a) such person shall be brought before the Tribunal for trial at such time and place as the Tribunal shall direct;

(b) if such person is in custody when such order is made, he may be detained in custody until brought before the Tribunal for trial;

(c) if such person is at liberty on bail when such order is made, he shall be bound to surrender himself into custody at some station of the Gárda Síochána within seventy-two hours after notice in writing of such order has been given to him or his surety or one of his sureties by a member of the Gárda Síochána;

(d) if a person who is bound under the foregoing paragraph of this sub-section to surrender himself into custody does so surrender himself he may be detained in custody until brought before the Tribunal for trial and if he does not so surrender himself within the time limited by the said paragraph he may be arrested without warrant by any member of the Gárda Síochána and be detained in custody until brought before the Tribunal for trial.

12. Power of the Executive Council to pardon, remit punishment, etc.

(1) The Executive Council may, at their absolute discretion, at any time freely pardon any person convicted by the Tribunal for any offence and wholly remit the punishment imposed by the Tribunal on such person.

(2) The Executive Council may, at their absolute discretion, at any time remit in whole or in part or modify (by way of mitigation only) or defer (conditionally or unconditionally) any punishment imposed by the Tribunal.

PART III. Special Powers for the Police.

13. Power of arrest on suspicion in certain cases.

(1) Whenever any member of the Gárda Síochána or of the Defence Forces of Saorstát Eireann observes a person whom he suspects of having committed or being about to commit or being or having been concerned in the commission of an offence mentioned in the Appendix to this Article or of having knowledge of the commission or intended commission of any such offence, such member (but in the case of a non-commissioned member of the said Defence Forces only if he is authorised (either generally or specially) by the Minister for Defence to exercise the powers conferred by this section) may stop such person and search and interrogate him and may there and then apprehend such person without warrant, and may use for such stopping, search, and apprehension or any of them such force as may be necessary.

(2) Whenever a member of the Gárda Síochána or of the Defence Forces of Saorstát Eireann apprehends a person under this section he shall remove such person to a convenient station of the Gárda Síochána or any other place under the charge of a member of the Gárda Síochána and may use for such removal such force as may be necessary.

(3) Whenever a person is removed to a station of the Gárda Síochána or other place under this section, the member of the Gárda Síochána then in charge of such station or place shall communicate the fact of such removal to a member of the Gárda Síochána not below the rank of inspector and thereupon such last-mentioned member shall, within thirty-six hours after the said removal of such person to such station, either direct such person to be detained under this Article or cause such person to be charged with an offence and dealt with accordingly or to be released from detention.

(4) A person removed to a station of the Gárda Síochána or other place under this section may be detained in such station or place until dealt with in accordance with the next preceding sub-section of this section but shall not be detained by virtue of this sub-section for more than thirty-six hours after such removal.

(5) The statement on oath in any Court of Justice by a member of the Gárda Síochána or of the Defence Forces of Saorstát Eireann that, when he stopped and interrogated a particular person under this section he suspected such person of having committed or being about to commit or of being or having been concerned in the commission of an offence mentioned in the Appendix to this Article or of having knowledge of the commission or intended commission of any such offence (without specifying such offence) shall be conclusive evidence, incapable of being rebutted or questioned by cross-examination, rebutting evidence, or otherwise, that such member did at that time so suspect such person and was then entitled to stop and interrogate such person under this section.

14. Power of detention on suspicion in certain cases.

(1) A person who has been apprehended and removed to a station of the Gárda Síochána under this Article may, on the direction of a member of the Gárda Síochána not below the rank of inspector given within thirty-six hours after such removal, be detained in custody in any station of the Gárda Síochána, or any prison, or any other convenient place until whichever of the following events first happens, that is to say:—

(a) such person is informed in writing by a member of the Gárda Síochána that he will be brought before the Tribunal; or

(b) the expiration of seventy-two hours from the said apprehension of such person.

(2) The statement on oath in any Court of Justice by a member of the Gárda Síochána not below the rank of inspector that within thirty-six hours after the apprehension of a person under this Article he directed such person to be detained in custody shall be conclusive evidence, incapable of being rebutted or questioned by cross-examination, rebutting evidence, or otherwise that such member gave such direction within the said period and that the detention of such person in pursuance of such direction was lawful.

(3) References in this Article to detention on suspicion under this Article shall be construed as referring to detention in custody under this section.

15. Examination of person detained on suspicion.

(1) Whenever a person is detained on suspicion under this Article it shall be lawful for any member of the Gárda Síochána, while such person is so detained, to do all or any of the following things, that is to say:—

(a) to search such person or cause him to be searched;

(b) to photograph such person or cause him to be photographed;

(c) to take or cause to be taken the finger-prints of such person;

(d) to demand of such person his name and his address and a full account of his movements and actions during any specified period;

(e) to demand of such person all or any information in his possession in relation to the commission or intended commission by another person of any of the offences mentioned in the Appendix to this Article.

(2) Every person detained on suspicion under this Article who, while he is so detained, does any of the following things, that is to say:—

(a) obstructs or impedes a member of the Gárda Síochána in the exercise of any of the powers conferred by this section of searching, photographing, or taking the finger-prints of such person; or

(b) when his name or his address is demanded of him by a member of the Gárda Síochána under this section, fails or refuses to give such name or such address or gives a name or an address which is false or misleading; or

(c) when an account of his movements or actions is demanded of him under this section by a member of the Gárda Síochána, fails or refuses to give such account or gives an account which is incomplete, false, or misleading; or

(d) when any information in his possession is demanded of him under this section by a member of the Gárda Síochána, fails or refuses to give such information or gives information which is false, incomplete, inaccurate, or misleading; or

(e) assaults any member of the Gárda Síochána; or

(f) injures any property; or

(g) behaves in a disorderly manner; or

(h) without the permission of a member of the Gárda Síochána, leaves the place in which he is so detained;

shall be guilty of an offence triable by the Tribunal and shall be liable on conviction thereof to suffer such punishment as the Tribunal shall think proper to inflict.

16. Examination of persons in custody.

(1) Whenever a person is in lawful detention in custody (otherwise than by way of detention on suspicion under this Article) in any prison, station of the Gárda Síochána, or other place, it shall be lawful for any member of the Gárda Síochána to enter such place, interview such person, and demand of him a full account of his movements and actions during any specified period and any information in his possession in relation to the commission or intended commission by another person of any of the offences mentioned in the Appendix to this Article.

(2) Every person who is interviewed by a member of the Garda Síochána under this section and—

(a) when an account of his movements or actions is demanded of him under this section at such interview by such member of the Gárda Síochána, fails or refuses to give such account or gives an account which is incomplete, false, or misleading; or

(b) when any information in his possession is demanded of him under this section at such interview by such member of the Gárda Síochána, fails or refuses to give such information or gives information which is false, incomplete, inaccurate, or misleading;

shall be guilty of an offence triable by the Tribunal and shall be liable on conviction thereof to suffer such punishment as the Tribunal shall think proper to inflict.

17. Power to bring detained person before the Tribunal.

(1) Any member of the Gárda Síochána may, within seventy-two hours after the apprehension of a person under this Article, give to such person, while he is detained on suspicion under this Article, notice in writing that he will be brought before the Tribunal.

(2) When notice is given to a person under the foregoing sub-section of this section, such person shall, within one month after the giving of such notice to him, be brought before the Tribunal and shall there be charged with one or more of the offences mentioned in the Appendix to this Article.

(3) When notice has been given to a person under the first sub-section of this section, such person shall be detained in custody until he is brought before the Tribunal in pursuance of the second sub-section of this section.

18. Power to stop and search vehicles.

(1) Any member of the Gárda Síochána may at any time without warrant search any vehicle and interrogate the person in charge of such vehicle and any person in such vehicle and may, for the purpose of making such search and interrogation, stop any vehicle which is in motion, and may use for such search and such stopping or either of them such force as may be necessary.

(2) Any member of the Gárda Síochána may at any time without warrant search any ship, boat, or other vessel on the inland, coastal, or territorial waters of Saorstát Eireann and interrogate the person in command or charge of such vessel and any person in such vessel and may, for the purpose of making such search and interrogation, stop any ship, boat, or other vessel which is in motion on the said waters, and may use for such search and such stopping or either of them such force as may be necessary.

PART IV. Unlawful Associations.

19. Unlawful associations.

(1) Every association which does any of the following things shall be an unlawful association, that is to say:—

(a) has amongst its professed objects, or advocates or encourages, or professes to encourage the overthrow by force of the Government of Saorstát Eireann or the alteration by force of this Constitution or the law; or

(b) without lawful authority organises or maintains or endeavours or purports to organise or maintain an armed force; or

(c) promotes or encourages the unlawful possession of firearms by its members; or

(d) engages in, promotes, encourages, or advocates any act, enterprise, or course of action of a treasonable or seditious character, or promotes, encourages, or advocated the attainment of any object of a treasonable or seditious character; or

(e) promotes, encourages, or advocates the commission of offences or the obstruction or interference with the administration of justice or with the enforcement of the law; or

(f) promotes, encourages, or advocates the non-payment of moneys payable to the Central Fund or any other public fund whether by way of taxation or otherwise or the non-payment of local taxation.

(2) An order made by the Executive Council declaring that a specified association is, in the opinion of the Executive Council, an unlawful association shall be conclusive evidence for all purposes that such association is an unlawful association.

(3) Every such order as is referred to in the next foregoing sub-section of this section shall be published in the Iris Oifigiúil as soon as may be after it is made.

20. Penalty for membership of unlawful association.

Every person who is a member of an unlawful association shall be guilty of an offence triable by the Tribunal and shall be liable on conviction thereof to suffer such punishment as the Tribunal shall think proper to inflict.

21. Possession of documents relating to unlawful association.

If any document (of whatsoever date or bearing no date) issued by or emanating from an unlawful association or appearing to be issued or so to emanate or purporting to aid or abet an unlawful association or otherwise relating to or connected with an unlawful association is found on or in the possession of or on or in lands or premises belonging to, occupied by, or under the control of any person, such person, unless he is an officer of the State and has possession or custody of such document in the course of his duties as such officer or he satisfies the Court or the Tribunal (as the case may be) that he did not know such document was in his possession or on or in such lands or premises or that he did not know the nature or contents of such document, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment or, on conviction thereof by the Tribunal, such punishment as the Tribunal shall think proper to inflict.

22. Proof of membership of unlawful association.

(1) Whenever a person is charged with the offence of being a member of an unlawful association and it is proved to the satisfaction of the Tribunal that a document (of whatsoever date or bearing no date) issued by or emanating from or appearing to be issued by or to emanate from an unlawful association or purporting to aid or abet an unlawful association or otherwise relating to or connected with an unlawful association was found on or in the possession of such person or on or in lands or premises belonging to or occupied by him or under his control such person shall be deemed to be a member of the unlawful association to or with which such document relates or is connected unless he proves that he is not then a member of such association and was not a member of such association at any time after this Article was inserted in this Constitution.

(2) A person who is deemed by virtue of this section to be a member of an unlawful association shall not be deemed to have proved that he is not then a member of such association and was not a member thereof since this Article was inserted in this Constitution unless (in addition to such other evidence as satisfies the Tribunal of such non-membership) he declares on oath (which declaration the Tribunal shall give him an opportunity of making) that he is not then a member of such unlawful association and was not a member thereof at any time since this Article was inserted in this Constitution.

23. Prohibition of printing, etc., of certain classes of documents.

(1) It shall not be lawful to print, publish, distribute, sell or offer or expose for sale any book, newspaper, magazine, periodical, pamphlet, leaflet, circular or other document which is issued or published on behalf of an unlawful association.

(2) Every person who shall print, publish, distribute, sell or offer or expose for sale any book, newspaper, magazine, periodical, pamphlet, leaflet, circular, or other document in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment or, on conviction by the Tribunal, such punishment as the Tribunal shall think proper to inflict, and also in any case to forfeiture of every copy of such document in his possession and also, in the case of a person found guilty of the offence of printing any such document, to forfeiture of all printing machinery in his possession.

(3) In this section references to printing include any mode of representing or reproducing words in a visible form and the words “print” and “printing” shall be construed accordingly.

PART V. Miscellaneous.

24. Power to proclaim public meetings.

(1) Whenever it appears to the Executive Council that the holding of public meetings in or in the vicinity of any particular building or any particular road or street is likely to lead to a breach of the peace or to be prejudicial to the maintenance of law and order, the Executive Council may issue a proclamation prohibiting the holding in or within a specified area (including such building, road, or street and not extending more than one mile therefrom) during a specified period (not exceeding three months) from the date of the proclamation of either (as the Executive Council shall think proper to specify) any public meeting whatsoever or any public meeting held otherwise than under specified conditions or for specified objects.

(2) Whenever it appears to an Executive Minister that any proposed public meeting is likely to promote or incite to the commission of acts of violence or intimidation or to interfere with the administration of the law or the maintenance of law and order, such Executive Minister may issue a proclamation prohibiting the holding of such meeting at the place and time at which it was proposed to be held or at any other place within three days before or after such time.

(3) Whenever a proclamation is issued under this section by the Executive Council or by an Executive Minister, every person who shall hold or take part or be concerned in the holding of a public meeting in contravention of such proclamation or shall take part in or be present at any meeting held in contravention of such proclamation shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding one month or, on conviction thereof by the Tribunal, to such punishment as the Tribunal shall think proper to inflict.

(4) Every proclamation issued under this section shall be made public in such manner as the Executive Council or the Executive Minister issuing such proclamation (as the case may be) shall direct with a view to bringing such proclamation to the notice of all persons concerned, but no omission of or insufficiency in such publication shall prejudice or affect the validity of such proclamation.

(5) In this section—

the word “meeting” includes any assembly, procession, or other coming together of persons for any purpose; and

the expression “public meeting” means a meeting at which all members of the public or any particular class or section or classes or sections of the public are invited or permitted or proposed to be permitted to be present.

25. Powers of Governor-General when member prevented attending the Oireachtas.

(1) Whenever the Executive Council is satisfied that a member of either House of the Oireachtas has died in consequence, directly or indirectly, of an unlawful act of another person or is prevented by physical incapacity arising, directly or indirectly, from the unlawful act of another person or by unlawful imprisonment or by threats or intimidation from appearing at and taking part in the sittings of the House of the Oireachtas of which he is a member, the Governor-General on the advice of the Executive Council may do either or both of the following things, that is to say:—

(a) by order appoint such person as the Governor-General on the advice aforesaid and having regard to the known opinions of the member so deceased or so prevented (as the case may be) shall think proper to name in such order to be a member of the said House of the Oireachtas in place of the said member;

(b) by order adjourn either or both Houses of the Oireachtas for such period not exceeding one month as the Governor-General on the advice aforesaid shall think proper to specify in such order.

(2) A person appointed by an order made under this section to be a member of a House of the Oireachtas shall, immediately upon the making of such order, become and be until his membership is terminated under this section, a member of such House in all respects and for all purposes and with all the rights, privileges, and immunities of a member of such House but shall not be entitled to take his seat in such House until he has taken in accordance with Article 17 of this Constitution the oath mentioned in that Article.

(3) A person appointed by an order made under this section to be a member of a House of the Oireachtas in the place of a member thereof who has died shall cease to be a member of such House on the happening of whichever of the following events first happens, that is to say:—

(a) the issue of a writ or the making of an order (as the case may require) for the holding of an election to fill the place of the said deceased member; or

(b) the dissolution of Dáil Eireann.

(4) A person appointed by an order made under this section to be a member of a House of the Oireachtas in the place of a member thereof who is prevented from attending the sittings of such House shall cease to be a member of such House on the happening of whichever of the following events shall first happen, that is to say:—

(a) the member in whose place the said person was so appointed appearing in person at a sitting of the said House; or

(b) the dissolution of Dáil Eireann.

(5) When an order is made under this section adjourning either or both Houses of the Oireachtas, such House or Houses (as the case may be) shall stand adjourned for the period specified in such order and shall not sit or meet until the expiration of that period.

(6) Every order made under this section appointing a person to be a member of a House of the Oireachtas or adjourning one only of the Houses of the Oireachtas shall be communicated to the Clerk of such House and shall be entered by the Clerk of such House in the Journal of such House.

(7) Every order made under this section adjourning both Houses of the Oireachtas shall be communicated to the Clerk of each such House and shall be entered by each such Clerk in the Journal of the House of which he is Clerk.

26. Power of the Tribunal to declare that a periodical, etc., is seditious.

(1) The Tribunal may, on the application of a member of the Gárda Síochána not below the rank of inspector, make an order declaring any book, issue of a periodical, pamphlet, poster, or other document to be seditious.

(2) Whenever the Tribunal makes an order under this section declaring a document to be seditious, any member of the Gárda Síochána may seize and remove any copy of such document which he finds in any place and may for that purpose enter on any lands or premises in which he knows or suspects that there is a copy of such document and may there search for such copy.

27. Power of the Tribunal to close buildings.

(1) Whenever it appears to the Tribunal, on the application of a member of the Gárda Síochána not below the rank of inspector, that any building is being or has been used for the purpose of or in relation to the commission of an offence mentioned in the Appendix to this Article, the Tribunal may make an order (in this section referred to as a closing order) closing such premises for such period (in this section referred to as the close period) not exceeding six months from the date of the order as the Tribunal shall specify in such order.

(2) Whenever the Tribunal has made a closing order, the Tribunal may at any time during the close period specified in such order amend such order by terminating or reducing the said close period.

(3) Whenever the Tribunal makes a closing order it shall not be lawful for any person to use or occupy during the close period specified in such order the building or any part of the building to which such order relates.

(4) Every person who uses or occupies a building or any part of a building in contravention of this section shall be guilty of an offence triable by the Tribunal and shall be liable on conviction thereof to suffer such punishment as the Tribunal shall think proper to inflict.

(5) Any member of the Gárda Síochána not below the rank of inspector may take all such steps as he shall consider necessary or expedient to prevent any particular building or any part thereof from being used or occupied in contravention of this section.

(6) References in this section to a building shall be construed as including all yards, gardens and out-offices within the curtilage of such building.

28. Trial of civil actions against members of the Gárda Síochána.

No party to an action or other civil proceeding in the High Court or the Circuit Court against a member of the Gárda Síochána, either alone or jointly with other persons, shall be entitled to a jury for the trial of such proceedings where the relief claimed in such proceedings is or includes damages or other relief on account of alleged illegal detention, or an alleged assault, or an alleged conspiracy.

29. Carriage of treasonable or seditious documents.

(1) Any member of the Gárda Síochána may stop and search and may also arrest without warrant any person whom he knows or suspects to be carrying any treasonable or seditious documents, and whether arresting him or not, may seize and detain all documents carried by him which appear to such member to be treasonable or seditious.

(2) The statement on oath in any Court of Justice by any member of the Gárda Síochána that when he stopped, searched or arrested (as the case may be) any person under this section he suspected such person of carrying treasonable or seditious documents shall be conclusive and final evidence, incapable of being rebutted or questioned by cross-examination, rebutting evidence or otherwise that such member did so suspect such person and was then entitled to stop, search, and arrest such person under this section.

30. Search orders.

(1) If a member of the Gárda Síochána not below the rank of inspector is of opinion that there is reasonable ground for suspecting that there are treasonable or seditious documents, firearms, or ammunition in any place or premises, he may issue an order in writing (in this section referred to as a search order) to any one or more members of the Gárda Síochána named therein to search any place or premises named in such order.

(2) A search order shall operate to authorise the member or members of the Gárda Síochána named therein to enter the place or premises to which such order relates at any time within twenty-four hours after the issuing of such search order, and if need be by force, and to search such place or premises for treasonable or seditious documents, firearms, and ammunition and to seize and remove all documents found on such search which appear to such member or members to be treasonable or seditious and all firearms and ammunition found on such search.

(3) Any member of the Gárda Síochána making a search under a search order may do all or any one or more of the following things, that is to say:—

(a) search any person found in the place or premises to which the order relates;

(b) demand the name and address of any person found in such place or premises and (without prejudice to any other power to arrest vested in him by law or by virtue of any lawful warrant) arrest without warrant any such person who refuses to give his name or his address to such member or gives a name or address which such member knows or suspects to be false or misleading; or

(c) arrest without warrant any person found in such place or premises whom such member suspects of having had in his possession any treasonable or seditious document, firearm, or ammunition in such place or premises.

(4) In this section the word “firearm” and the word “ammunition” have the meanings assigned to them respectively in the Firearms Act, 1925 (No. 17 of 1925).

31. Forfeitures and disqualifications on certain convictions.

(1) Whenever a person convicted while this section is in force of an offence mentioned in the Appendix to this Article holds at the time of such conviction an office or employment remunerated out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation, or in or under or as a paid member of a board or body established by or under an Act of the Oireachtas, such person shall immediately on such conviction forfeit such office, employment, place, or emolument and the same shall forthwith become and be vacant.

(2) Whenever a person convicted while this section is in force of an offence mentioned in the Appendix to this Article is at the time of such conviction in receipt of a pension or superannuation allowance payable out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation, or the funds of a board or body established by or under an Act of the Oireachtas, such person shall immediately upon such conviction forfeit such pension or superannuation allowance and such pension or superannuation allowance shall forthwith cease to be payable.

(3) Every person convicted while this section is in force of an offence mentioned in the Appendix to this Article shall from and after such conviction be for seven years from the date of such conviction disqualified for holding any office or employment remunerated out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation or in or under or as a paid member of a board or body established by or under an Act of the Oireachtas.

(4) Whenever a conviction which occasions by virtue of this section any forfeiture or disqualification is quashed or annulled or the convicted person is granted a free pardon such forfeiture or disqualification shall be annulled, in the case of a quashing or annulment, as from the date of the conviction and in the case of a free pardon, as from the date of such pardon.

32. Disposal of documents seized under this Act.

(1) Every document seized by a member of the Gárda Síochána in exercise of a power conferred by or under this Article shall be deemed to be in the custody of the Commissioner of the Gárda Síochána and, until destroyed or returned or otherwise disposed of under this section, shall be retained by such person and in such place as the said Commissioner shall direct.

(2) Any person who claims to be the owner of a document which is deemed by this section to be in the custody of the Commissioner of the Gárda Síochána may, within one month after such seizure, apply to the said Commissioner for the return of such document to him and thereupon the said Commissioner may, as he shall think proper, either return such document to such person or apply to the Tribunal for directions and dispose of such document in such manner as the Tribunal shall order.

(3) The Commissioner of the Gárda Síochána may cause every document which is deemed by this section to be in his custody and is not returned to the owner thereof, to be destroyed or otherwise disposed of as soon, but not less than one month after the seizure of such document, as the said Commissioner shall consider that such document is not required for the purpose of criminal proceedings under this Article or otherwise.

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

Section 8 of the Law of Libel Amendment Act, 1888, shall not apply in respect of any criminal prosecution for seditious libel brought before the Tribunal.

34. Expenses.

All expenses incurred in carrying this Article into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

APPENDIX TO THE FOREGOING ARTICLE.

1. Any offence (whether committed before or after this Article was inserted in this Constitution or before or after sections 4 to 34 of this Article came into force) which is declared by the Treasonable Offences Act, 1925 (No. 18 of 1925), to be treason or a felony or a misdemeanour.

2. Any offence under the Juries (Protection) Act, 1929 (No. 33 of 1929), whether committed before or after this Article was inserted in this Constitution or before or after sections 4 to 34 of this Article came into force.

3. The offence under the Firearms Act, 1925 (No. 17 of 1925), of having possession of or using or carrying a firearm without holding a firearm certificate therefor or any offence under that Act in relation to a prohibited weapon, in every case whether the offence is committed before or after this Article was inserted in this Constitution or before or after sections 4 to 34 of this Article came into force.

4. Seditious libel, whether committed before or after this Article was inserted in this Constitution or before or after sections 4 to 34 of this Article came into force.

5. An offence under any section of this Article.

6. Any offence which is specifically described by this Article as an offence triable by the Tribunal.

7. Any offence whatsoever (whether committed before or after this Article was inserted in this Constitution or before or after sections 4 to 34 of this Article came into force) in respect of which an Executive Minister certifies in writing under his hand that to the best of his belief the act constituting such offence was done with the object of impairing or impeding the machinery of government or the administration of justice.]^[2]

Article 3.

Every person, without distinction of sex, domiciled in the area of the jurisdiction of the Irish Free State (Saorstát Eireann) at the time of the coming into operation of this Constitution, who was born in Ireland or either of whose parents was born in Ireland or who has been ordinarily resident in the area of the jurisdiction of the Irish Free State (Saorstát Eireann) for not less than seven years, is a citizen of the Irish Free State (Saorstát Eireann) and shall [within the limits of the jurisdiction of the Irish Free State (Saorstát Eireann)]^[3] enjoy the privileges and be subject to the obligations of such citizenship: Provided that any such person being a citizen of another State may elect not to accept the citizenship hereby conferred; and the conditions governing the future acquisition and termination of citizenship [in → of]^[4] the Irish Free State (Saorstát Eireann) shall be determined by law.

Article 4.

The National language of the Irish Free State (Saorstát Eireann) is the Irish language, but the English language shall be equally recognised as an official language. Nothing in this Article shall prevent special provisions being made by the Parliament of the Irish Free State (otherwise called and herein generally referred to as the “Oireachtas”) for districts or areas in which only one language is in general use.

Article 5.

No title of honour in respect of any services rendered in or in relation to the Irish Free State (Saorstát Eireann) may be conferred on any citizen of the Irish Free State (Saorstát Eireann) except with the approval or upon the advice of the Executive Council of the State.

Article 6.

The liberty of the person is inviolable, and no person shall be deprived of his liberty except in accordance with law. Upon complaint made by or on behalf of any person that he is being unlawfully detained, the High Court and any and every judge thereof shall forthwith enquire into the same and may make an order requiring the person in whose custody such person shall be detained to produce the body of the person so detained before such Court or judge without delay, and to certify in writing as to the cause of the detention and such Court or judge shall thereupon order the release of such person unless satisfied that he is being detained in accordance with the law:

Provided, however, that nothing in this Article contained shall be invoked to prohibit, control or interfere with any act of the military forces of the Irish Free State (Saorstát Eireann) during the existence of a state of war or armed rebellion.

Article 7.

The dwelling of each citizen is inviolable and shall not be forcibly entered except in accordance with law.

Article 8.

Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen, and no law may be made either directly or indirectly to endow any religion, or prohibit or restrict the free exercise thereof or give any preference, or impose any disability on account of religious belief or religious status, or affect prejudicially the right of any child to attend a school receiving public money without attending the religious instruction at the school, or make any discrimination as respects State aid between schools under the management of different religious denominations, or divert from any religious denomination or any educational institution any of its property except for the purpose of roads, railways, lighting, water or drainage works or other works of public utility, and on payment of compensation.

Article 9.

The right of free expression of opinion as well as the right to assemble peaceably and without arms, and to form associations or unions is guaranteed for purposes not opposed to public morality. Laws regulating the manner in which the right of forming associations and the right of free assembly may be exercised shall contain no political, religious or class distinction.

Article 10.

All citizens of the Irish Free State (Saorstát Eireann) have the right to free elementary education.

Article 11.

All the lands and waters, mines and minerals, within the territory of the Irish Free State (Saorstát Eireann) hitherto vested in the State, or any department thereof, or held for the public use or benefit, and also all the natural resources of the same territory (including the air and all forms of potential energy), and also all royalties and franchises within that territory shall, from and after the date of the coming into operation of this Constitution, belong to the Irish Free State (Saorstát Eireann), subject to any trusts, grants, leases or concessions then existing in respect thereof, or any valid private interest therein, and shall be controlled and administered by the Oireachtas, in accordance with such regulations and provisions as shall be from time to time approved by legislation, but the same shall not, nor shall any part thereof, be alienated, but may in the public interest be from time to time granted by way of lease or licence to be worked or enjoyed under the authority and subject to the control of the Oireachtas: Provided that no such lease or licence may be made for a term exceeding ninety-nine years, beginning from the date thereof, and no such lease or licence may be renewable by the terms thereof.

Article 12.

A Legislature is hereby created, to be known as the Oireachtas. It shall consist of [the King and]^[1] [two Houses → one House]^[5], the Chamber of Deputies (otherwise called and herein generally referred to as “Dáil Eireann”) [and the Senate (otherwise called and herein generally referred to as “Seanad Eireann”)]^[6]. The sole and exclusive power of making laws for the peace, order and good government of the Irish Free State (Saorstát Eireann) is vested in the Oireachtas.

Article 13.

The Oireachtas shall sit in or near the city of Dublin or in such other place as from time to time it may determine.

Article 14.

All citizens of the Irish Free State (Saorstát Eireann) without distinction of sex, who have reached the age of twenty-one years and who comply with the provisions of the prevailing electoral laws, shall have the right to vote for members of Dáil Eireann, and to take part in the Referendum [and Initiative]^[7]. [All citizens of the Irish Free State (Saorstát Eireann) without distinction of sex who have reached the age of thirty years and who comply with the provisions of the prevailing electoral laws, shall have the right to vote for members of Seanad Eireann.]^[8] No voter may exercise more than one vote at an election to [either House → Dáil Eireann]^[9], and the voting shall be by secret ballot. The mode and place of exercising this right shall be determined by law.

Article 15.

Every citizen who has reached the age of twenty-one years and who is not placed under disability or incapacity by the Constitution or by law shall be eligible to become a member of Dáil Eireann.

[Article 16.

No person may be at the same time a member both of Dáil Eireann and of Seanad Eireann, and if any person who is already a member of either House is elected to be a member of the other House, he shall forthwith be deemed to have vacated his first seat.]^[6]

[Article 17.

The oath to be taken by members of the Oireachtas shall be in the following form:—

I _______________ do solemnly swear true faith and allegiance to the Constitution of the Irish Free State as by law established, and that I will be faithful to H. M. King George V., his heirs and successors by law in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of Nations.

Such oath shall be taken and subscribed by every member of the Oireachtas before taking his seat therein before the Representative of the Crown or some other person authorised by him.]^[10]

Article 18.

Every member of the Oireachtas shall, except in case of treason, felony, or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of [either House → Dáil Eireann]^[11], and shall not, in respect of any utterance in [either House → Dáil Eireann]^[11], be amenable to any action or proceeding in any Court other than [the House → Dáil Eireann]^[11] itself.

Article 19.

All official reports and publications of the Oireachtas or of [either House thereof → Dáil Eireann]^[11] shall be privileged, and utterances made in [either House → Dáil Eireann]^[11] wherever published shall be privileged.

Article 20.

[Each House → Dáil Eireann]^[11] shall make its own Rules and Standing Orders, with power to attach penalties for their infringement and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.

Article 21.

[Each House → Dáil Eireann]^[11] shall elect its own Chairman and Deputy Chairman, and shall prescribe their powers, duties, remuneration, and terms of office.

[The member of Dáil Éireann who is the Chairman of Dáil Éireann immediately before a dissolution of the Oireachtas shall, unless before such dissolution he announces to Dáil Éireann that he does not desire to continue to be a member thereof, be deemed without any actual election to be elected in accordance with this Constitution at the ensuing general election as a member of Dáil Éireann for the constituency for which he was a member immediately before such dissolution or, in the event of a revision of constituencies having taken place, for the revised constituency declared on such revision to correspond to such first-mentioned constituency. Whenever a former Chairman of Dáil Éireann is so deemed to have been elected at a general election as a member for a constituency the number of members actually to be elected for such constituency at such general election shall be one less than would otherwise be required to be elected therefor.]^[12]

Article 22.

All matters in [each House → Dáil Eireann]^[11] shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present other than the Chairman or presiding member, who shall have and exercise a casting vote in the case of an equality of votes. The number of members necessary to constitute a meeting of [either House → Dáil Eireann]^[11] for the exercise of its powers shall be determined by its Standing Orders.

Article 23.

The Oireachtas shall make provision for the payment of its members, and may in addition provide them with free travelling facilities to any part of Ireland.

Article 24.

The Oireachtas shall hold at least one session each year. The Oireachtas shall be summoned and dissolved by the [Representative of the Crown in the name of the King → Chairman of Dáil Éireann on the direction in writing of the Executive Council signed by the President of the Executive Council]^[13] and subject as aforesaid Dáil Eireann shall fix the date of re-assembly of the Oireachtas [and the date of the conclusion of the session of each House: Provided that the sessions of Seanad Eireann shall not be concluded without its own consent]^[6].

Article 25.

Sittings of [each House of the Oireachtas → Dáil Eireann]^[11] shall be public. In cases of special emergency [either House → Dáil Eireann]^[11] may hold a private sitting with the assent of two-thirds of the members present.

Article 26.

Dáil Eireann shall be composed of members who represent constituencies determined by law. The number of members shall be fixed from time to time by the Oireachtas, but the total number of members of Dáil Eireann [(exclusive of members for the Universities)]^[14] shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population: Provided that the proportion between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as possible, be identical throughout the country. The members shall be elected upon principles of Proportional Representation. The Oireachtas shall revise the constituencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of Dáil Eireann sitting when such revision is made.

[Article 27.

Each University in the Irish Free State (Saorstát Eireann), which was in existence at the date of the coming into operation of this Constitution, shall be entitled to elect three representatives to Dáil Eireann upon a franchise and in a manner to be prescribed by law.]^[14]

Article 28.

At a General Election for Dáil Eireann the polls [(exclusive of those for members for the Universities)]^[14] shall be held on the same day throughout the country, and that day shall be a day not later than thirty days after the date of the dissolution[, and shall be proclaimed a public holiday]^[15]. Dáil Eireann shall meet within one month of such day, and shall, unless earlier dissolved, continue for [four years → six years or such shorter period as may be fixed by legislation]^[16] from the date of its first meeting, and not longer. Dáil Eireann may not at any time be dissolved except on the advice of the Executive Council.

Article 29.

In case of death, resignation or disqualification of a member of Dáil Eireann, the vacancy shall be filled by election in manner to be determined by law.

[Article 30.

Seanad Eireann shall be composed of citizens who shall be proposed on the grounds that they have done honour to the Nation by reason of useful public service or that, because of special qualifications or attainments, they represent important aspects of the Nation's life.]^[6]

[Article 31.

The number of members of Seanad Eireann shall be sixty. A citizen to be eligible for membership of Seanad Eireann must be a person eligible to become a member of Dáil Eireann, and must have reached the age of [thirty-five → thirty]^[17] years. Subject to any provision for the constitution of the first Seanad Eireann the term of office of [a member of Seanad Eireann shall be twelve years → members of Seanad Eireann shall, in the case of the members elected (otherwise than under Article 34 of this Constitution) at the election held in pursuance of Article 32 of this Constitution in the year 1925, be twelve years, and shall, in the case of the members elected at the election held pursuant to the said Article 32 to fill the places of members of Seanad Eireann who are due to retire in the year 1928, be as provided in Article 32 B of this Constitution and shall, in every other case but subject to the provisions of the said Article 34, be nine years.]^[18].]^[6]

[[Article 31A.

The duration of the term of office of a member of the first Seanad Eireann shall be reckoned from the beginning of the day on which this Constitution comes into operation, and the duration of the term of office of a member of Seanad Eireann elected under Article 32 of this Constitution shall be reckoned from the beginning of the appropriate triennial anniversary of that day]^[19]]^[6]

[Article 32.

[One-fourth → Save as is hereinafter otherwise provided, one third]^[18] of the members of Seanad Eireann shall be elected every three years from a panel constituted as hereinafter mentioned at an election at which the [area of the jurisdiction of the Irish Free State (Saorstát Eireann) shall form one electoral area, and the elections shall be held on principles of Proportional Representation. → electors shall be the members of Dáil Eireann and the members of Seanad Eireann voting together on principles of Proportional Representation. The voting at such elections shall be by secret ballot and no elector may exercise more than one vote thereat. The place and conduct of such elections shall be regulated by law.]^[9] [At the election held in pursuance of this Article to fill the places of members of Seanad Eireann who are due to retire in the year 1928, one-fourth only of the members of Seanad Eireann shall be elected under this Article]^[20]]^[6]

[[Article 32A.

An election of members of Seanad Eireann under Article 32 of this Constitution may be held at any time not more than three months before nor more than three months after the conclusion of the period of three years mentioned in that Article. A person who, after the day appointed by law for the completion of the formation of the panel of candidates and before the conclusion of the three years period running on that day, is chosen under Article 34 of this Constitution to fill a vacancy caused by the death, resignation, or disqualification of a member of Seanad Eireann (other than a member about to retire at the conclusion of the said period) shall hold office until the conclusion of the next three years period and shall then retire]^[19]]^[6]

[[Article 32B.

The respective terms of office of the several members of Seanad Eireann elected at the election held pursuant to Article 32 of this Constitution to fill the places of members of Seanad Eireann who are due to retire in the year 1928 shall be as follows, that is to say:—

(a) the first five members so elected shall hold office for nine years,

(b) so many of the members so elected after such first five members as are necessary to fill under Article 34 of this Constitution additional vacancies (if any) originally created by the death, resignation, or disqualification of members of Seanad Eireann who were due to retire in the year 1937 shall hold office for nine years,

(c) the next five members so elected shall hold office for six years,

(d) so many of the members so elected after the last-mentioned five members as are necessary to fill under Article 34 of this Constitution additional vacancies (if any) originally created by the death, resignation, or disqualification of members of Seanad Eireann who were due to retire in the year 1934 shall hold office for six years,

(e) all other members so elected shall hold office for three years.

The proviso to the said Article 34 shall not apply to the said election.]^[20]]^[6]

[Article 33.

Before each election of members of Seanad Eireann a panel [shall be formed consisting of:—

(a) Three times as many qualified persons as there are members to be elected, of whom two-thirds shall be nominated by Dáil Eireann voting according to principles of Proportional Representation and one-third shall be nominated by Seanad Eireann voting according to principles of Proportional Representation; and

(b) Such persons who have at any time been members of Seanad Eireann (including members about to retire) as signify by notice in writing addressed to the President of the Executive Council their desire to be included in the panel.

The method of proposal and selection for nomination shall be decided by Dáil Eireann and Seanad Eireann respectively, with special reference to the necessity for arranging for the representation of important interests and institutions in the country: Provided that each proposal shall be in writing and shall state the qualifications of the person proposed and that no person shall be proposed without his own consent. As soon as the panel has been formed a list of the names of the members of the panel arranged in alphabetical order with their qualifications shall be published.

→

of candidates for such election shall be formed in such manner in all respects as shall be prescribed by law.]^[21]]^[6]

[Article 34.

In case of the death, resignation or disqualification of a member of Seanad Eireann his place shall be filled [by a vote of Seanad Eireann. → by an election at which the candidates shall be nominated in such manner in all respects as shall be prescribed by law and at which the electors shall be the members of Dáil Eireann and the members of Seanad Eireann voting together. The voting at such elections shall be by secret ballot and no elector may exercise more than one vote thereat. The place and conduct of such elections shall be regulated by law.]^[22] Any member of Seanad Eireann so chosen shall retire from office at the conclusion of the three years period then running and the vacancy thus created shall be additional to the places to be filled under Article 32 of this Constitution. The term of office of the members chosen at the election after the first [fifteen → twenty]^[18] elected shall conclude at the end of the period or periods at which the member or members of Seanad Eireann, by whose death or withdrawal the vacancy or vacancies was or were originally created, would be due to retire: Provided that the [sixteenth → twenty-first]^[18] member shall be deemed to have filled the vacancy [first created in order of time and so on → created by the death or withdrawal of the Senator, or one of the Senators, the unexpired period of whose term of office was greatest at the time of the election and so on]^[23].]^[6]

[Article 35.

Dáil Eireann shall in relation to the subject matter of Money Bills as hereinafter defined have legislative authority exclusive of Seanad Eireann.

A Money Bill means a Bill which contains only provisions dealing with all or any of the following subjects, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on public moneys or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; subordinate matters incidental to those subjects or any of them. In this definition the expressions “taxation,” “public money” and “loan” respectively do not include any taxation, money or loan raised by local authorities or bodies for local purposes.

[The Chairman of Dáil Eireann shall certify any Bill which in his opinion is a Money Bill to be a Money Bill, but, if within three days after a Bill has been passed by Dáil Eireann two-fifths of the members of either House by notice in writing addressed to the Chairman of the House of which they are members so require, the question whether the Bill is or is not a Money Bill shall be referred to a Committee of Privileges consisting of three members elected by each House with a Chairman who shall be the senior judge of the Supreme Court able and willing to act, and who, in the case of an equality of votes, but not otherwise, shall be entitled to vote. The decision of the Committee on the question shall be final and conclusive. → The Chairman of Dáil Eireann shall certify any Bill which in his opinion is a Money Bill to be a Money Bill and such certificate shall be final and conclusive unless the question whether the Bill is or is not a Money Bill is referred to a Committee of Privileges under the subsequent provisions of this Article.

If before whichever of the following events shall first occur, that is to say, the expiration of seven days from the day on which a Bill certified by the Chairman of Dáil Eireann to be a Money Bill is sent by Dáil Eireann to Seanad Eireann for its recommendations under Article 38 of this Constitution or the return of such Bill by Seanad Eirearn to Dáil Eireann under the said Article 38—

(a) two-fifths of the members of either House by notice in writing addressed to the Chairman of the House of which they are members so require, or

(b) a majority of the members of Seanad Eireann present and voting at a sitting of Seanad Eireann at which not less than thirty members are present so resolve,

the question whether the Bill is or is not a Money Bill shall forthwith be referred to a Committee of Privileges consisting of such number (not exceeding three) of members (if any) as shall be elected by Dáil Eireann within seven days after such reference, such number (not exceeding three) of members (if any) as shall be elected by Seanad Eireann within such seven days, and a Chairman who shall be the senior Judge of the Supreme Court able and willing to act and who in the case of an equality of votes, but not otherwise, shall be entitled to vote.

Every such Committee of Privileges shall decide the question so referred to it and report its decision thereon to Dáil Eireann and Seanad Eireann within twenty-one days after the day on which the Bill the subject of such question was sent to Seanad Eireann and, upon such Committee so deciding and reporting, the decision of such Committee shall be final and conclusive, but, if such Committee fails so to decide and report within such twenty-one days, the certificate of the Chairman of Dáil Eireann that such Bill is a Money Bill shall at the expiration of the said twenty-one days become and be final and conclusive.

A Committee of Privileges constituted under this Article may act notwithstanding one or more vacancies amongst its members other than the Chairman. In the event of the Chairman of any such Committee dying or becoming incapable of acting as such Chairman, the senior of the other Judges of the Supreme Court able and willing to act shall forthwith become and be the Chairman of such Committee in the place of the Chairman so dying or becoming incapable. The Chairman and one-half of the other members of any such Committee shall constitute a quorum.]^[24]]^[6]

Article 36.

Dáil Eireann shall as soon as possible after the commencement of each financial year consider the Estimates of receipts and expenditure of the Irish Free State (Saorstát Eireann) for that year, and, save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the Financial Resolutions of each year shall be enacted within that year.

Article 37.

Money shall not be appropriated by vote, resolution or law, unless the purpose of the appropriation has in the same session been recommended by a message from the [Representative of the Crown acting on the advice of the Executive Council → Executive Council signed by the President of the Executive Council]^[25].

[Article 38.

Every Bill initiated in and passed by Dáil Eireann shall be sent to Seanad Eireann and may, unless it be a Money Bill, be amended in Seanad Eireann and Dáil Eireann shall consider any such amendment; [but a Bill passed by Dáil Eireann and considered by Seanad Eireann shall, not later than two hundred and seventy days after it shall have been first sent to Seanad Eireann, or such longer period as may be agreed upon by the two Houses, be deemed to be passed by both Houses in the form in which it was last passed by Dáil Eireann: Provided that]^[26] every Money Bill shall be sent to Seanad Eireann for its recommendations and at a period not longer than twenty-one days after it shall have been sent to Seanad Eireann, it shall be returned to Dáil Eireann which may pass it, accepting or rejecting all or any of the recommendations of Seanad Eireann, and as so passed or if not returned within such period of twenty-one days shall be deemed to have been passed by both Houses. [When a Bill other than a Money Bill has been sent to Seanad Eireann a Joint Sitting of the Members of both Houses may on a resolution passed by Seanad Eireann be convened for the purpose of debating, but not of voting upon, the proposals of the Bill or any amendment of the same.]^[26]]^[6]

[ [Article 38A.

Whenever a Bill (not being a Money Bill) initiated in and passed by Dáil Eireann and sent to Seanad Eireann is within the stated period hereinafter defined either rejected by Seanad Eireann or passed by Seanad Eireann with amendments to which Dáil Eireann does not agree or is neither passed (with or without amendment) nor rejected by Seanad Eireann within the said stated period, Dáil Eireann may within one year after the said stated period by resolution expressly passed under this Article again send such Bill to Seanad Eireann in the form (save only for such modifications as are hereinafter authorised) in which it was first so sent, and if Seanad Eireann does not, within sixty days thereafter or such longer period as may be agreed to by both Houses, pass such Bill either without amendment or with such amendments only as are agreed to by Dáil Eireann, such Bill shall, if Dáil Eireann so resolves after the expiration of such sixty days or longer period aforesaid, be deemed to have been passed by both Houses of the Oireachtas at the expiration of the said sixty days or longer period aforesaid in the form in which it was so last sent to Seanad Eireann with such (if any) amendments as may have been made therein by Seanad Eireann and agreed to by Dáil Eireann.

The said stated period is the period commencing on the day on which the said Bill is first sent by Dáil Eireann to Seanad Eireann and ending at whichever of the following times is the earlier, that is to say, the expiration of eighteen months from the commencement of the said period or the date of the reassembly of the Oireachtas after a dissolution occurring after the commencement of such period.

When a Bill initiated in and passed by Seanad Eireann is amended by Dáil Eireann, such Bill shall be deemed to have been initiated in Dáil Eireann and this Article shall apply to such Bill accordingly and for the purpose of such application the said stated period shall in relation to such Bill commence on the day on which such Bill is first sent to Seanad Eireann after being so amended by Dáil Eireann.

Whenever a Bill has been sent by Dáil Eireann to Seanad Eireann nothing in this Article shall operate to restrict the right of Dáil Eireann to send such Bill on any subsequent occasion to Seanad Eireann otherwise than under this Article, and when such Bill is so sent to Seanad Eireann this Article shall apply as if such subsequent occasion were the first occasion on which such Bill was sent by Dáil Eireann to Seanad Eireann.

A Bill sent a second time by Dáil Eireann to Seanad Eireann and required for the purposes of this Article to be in the form in which it was first so sent may contain such (if any) modifications as shall be certified by the Chairman of Dáil Eireann to represent amendments made therein by Seanad Eireann and agreed to by Dáil Eireann or to be necessary owing to the lapse of time since such Bill was first sent by Dáil Eireann to Seanad Eireann.]^[27]]^[6]

[Article 39.

A Bill may be initiated in Seanad Eireann and if passed by Seanad Eireann shall be introduced into Dáil Eireann. If amended by Dáil Eireann the Bill shall be considered as a Bill initiated in Dáil Eireann. [If rejected by Dáil Eireann it shall not be introduced again in the same session, but Dáil Eireann may reconsider it on its own motion.]^[28]]^[6]

[Article 40.

A Bill passed by either House and accepted by the other House shall be deemed to be passed by both Houses.]^[6]

Article 41.

So soon as any Bill shall have been passed [or deemed to have been passed by both Houses → by Dáil Eireann]^[11], [the Executive Council shall present the same to the Representative of the Crown for the signification by him, in the King's name, of the King's assent, → the Chairman of Dáil Éireann shall sign such bill and the same shall become and be law as on and from the date of such signature.]^[13] [and such Representative may withhold the King's assent or reserve the Bill for the signification of the King's pleasure: Provided that the Representative of the Crown shall in the withholding of such assent to or the reservation of any Bill, act in accordance with the law, practice, and constitutional usage governing the like withholding of assent or reservation in the Dominion of Canada.

A Bill reserved for the signification of the King's Pleasure shall not have any force unless and until within one year from the day on which it was presented to the Representative of the Crown for the King's Assent, the Representative of the Crown signifies by speech or message to each of the Houses of the Oireachtas, or by proclamation, that it has received the Assent of the King in Council.

An entry of every such speech, message or proclamation shall be made in the Journal of each House and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the Records of the Irish Free State (Saorstát Eireann).]^[29]

Article 42.

As soon as may be after any law has [received the King's assent → been signed by the Chairman of Dáil Éireann]^[13], the clerk, or such officer as Dáil Eireann may appoint for the purpose, shall cause two fair copies of such law to be made, one being in the Irish language and the other in the English language (one of which copies shall be signed by the [Representative of the Crown → Chairman of Dáil Éireann]^[13] to be enrolled for record in the office of such officer of the Supreme Court as Dáil Eireann may determine), and such copies shall be conclusive evidence as to the provisions of every such law, and in case of conflict between the two copies so deposited, that signed by the [Representative of the Crown → Chairman of Dáil Éireann]^[13] shall prevail.

Article 43.

The Oireachtas shall have no power to declare acts to be infringements of the law which were not so at the date of their commission.

Article 44.

The Oireachtas may create subordinate legislatures with such powers as may be decided by law.

Article 45.

The Oireachtas may provide for the establishment of Functional or Vocational Councils representing branches of the social and economic life of the Nation. A law establishing any such Council shall determine its powers, rights and duties, and its relation to the government of the Irish Free State (Saorstát Eireann).

Article 46.

The Oireachtas has the exclusive right to regulate the raising and maintaining of such armed forces as are mentioned in the Scheduled Treaty in the territory of the Irish Free State (Saorstát Eireann) and every such force shall be subject to the control of the Oireachtas.

[Article 47.

Any Bill passed or deemed to have been passed by both Houses may be suspended for a period of ninety days on the written demand of two-fifths of the members of Dáil Eireann or of a majority of the members of Seanad Eireann presented to the President of the Executive Council not later than seven days from the day on which such Bill shall have been so passed or deemed to have been so passed. Such a Bill shall in accordance with regulations to be made by the Oireachtas be submitted by Referendum to the decision of the people if demanded before the expiration of the ninety days either by a resolution of Seanad Eireann assented to by three-fifths of the members of Seanad Eireann, or by a petition signed by not less than one-twentieth of the voters then on the register of voters, and the decision of the people by a majority of the votes recorded on such Referendum shall be conclusive. These provisions shall not apply to Money Bills or to such Bills as shall be declared by both Houses to be necessary for the immediate preservation of the public peace, health or safety.]^[7]

[Article 48.

The Oireachtas may provide for the Initiation by the people of proposals for laws or constitutional amendments. Should the Oireachtas fail to make such provision within two years, it shall on the petition of not less than seventy five thousand voters on the register, of whom not more than fifteen thousand shall be voters in any one constituency, either make such provisions or submit the question to the people for decision in accordance with the ordinary regulations governing the Referendum. Any legislation passed by the Oireachtas providing for such Initiation by the people shall provide

(1) that such proposals may be initiated on a petition of fifty thousand voters on the register,

(2) that if the Oireachtas rejects a proposal so initiated it shall be submitted to the people for decision in accordance with the ordinary regulations governing the Referendum; and

(3) that if the Oireachtas enacts a proposal so initiated, such enactment shall be subject to the provisions respecting ordinary legislation or amendments of the Constitution as the case may be.]^[7]

Article 49.

Save in the case of actual invasion, the Irish Free State (Saorstát Eireann) shall not be committed to active participation in any war without the assent of the Oireachtas.

Article 50.

Amendments of this Constitution [within the terms of the Scheduled Treaty]^[10] may be made by the Oireachtas, but no such amendment, passed by [both Houses of the Oireachtas → Dáil Eireann]^[11], after the expiration of a period of [eight years → sixteen years]^[30] from the date of the coming into operation of this Constitution, shall become law, unless the same shall, after it has been passed [or deemed to have been passed by the said two Houses of the Oireachtas → by Dáil Eireann]^[11], have been submitted to a Referendum of the people, and unless a majority of the voters on the register shall have recorded their votes on such Referendum, and either the votes of a majority of the voters on the register, or two-thirds of the votes recorded, shall have been cast in favour of such amendment. Any such amendment may be made within the said period of [eight years → sixteen years]^[30] by way of ordinary legislation [and as such shall be subject to the provisions of Article 47 hereof]^[7].

Article 51.

[The Executive Authority of the Irish Free State (Saorstát Eireann) is hereby declared to be vested in the King, and shall be exercisable, in accordance with the law, practice and constitutional usage governing the exercise of the Executive Authority in the case of the Dominion of Canada, by the Representative of the Crown.]^[1] There shall be a Council to [aid and advise in the government → exercise the executive authority and power]^[13] of the Irish Free State (Saorstát Eireann) to be styled the Executive Council. [Provided that it shall be lawful for the Executive Council, to the extent and subject to any conditions which may be determined by law to avail, for the purposes of the appointment of diplomatic and consular agents and the conclusion of international agreements of any organ used as a constitutional organ for the like purposes by any of the nations referred to in Article 1 of this Constitution]^[31] The Executive Council shall be responsible to Dáil Eireann, and shall consist of not more than [seven → twelve]^[32] nor less than five Ministers appointed [by the Representative of the Crown on the nomination of the President of the Executive Council → in the manner hereinafter provided]^[13].

Article 52.

[Those Ministers who form the Executive Council shall all be members of Dáil Eireann and shall include the President of the Council, the Vice-President of the Council and the Minister in charge of the Department of Finance. → The Ministers who form the Executive Council shall include the President of the Council, the Vice-President of the Council, and the Minister in charge of the Department of Finance. The President of the Council, the Vice-President of the Council, the Minister in charge of the Department of Finance, and the other members of the Executive Council shall be members of Dáil Eireann[, save that one of such other members may be a member of Seanad Eireann]^[6].]^[33]

Article 53.

The President of the Council shall be [appointed on the nomination of → elected by]^[13] Dáil Eireann. He shall nominate a Vice-President of the Council, who shall act for all purposes in the place of the President, if the President shall die, resign, or be permanently incapacitated, until a new President of the Council shall have been elected. The Vice-President shall also act in the place of the President during his temporary absence. The other Ministers who are to hold office as members of the Executive Council shall be appointed [on the nomination of → by]^[13] the President, with the assent of Dáil Eireann, and he and the Ministers [nominated → appointed]^[13] by him shall retire from office should he cease to retain the support of a majority in Dáil Eireann, but the President and such Ministers shall continue to carry on their duties until their successors shall have been [respectively elected and]^[31] appointed: Provided, however, that the Oireachtas shall not be dissolved on the [advice → direction]^[13] of an Executive Council which has ceased to retain the support of a majority in Dáil Eireann.

Article 54.

The Executive Council shall be collectively responsible for all matters concerning the Departments of State administered by Members of the Executive Council. The Executive Council shall prepare Estimates of the receipts and expenditure of the Irish Free State (Saorstát Eireann) for each financial year, and shall present them to Dáil Eireann before the close of the previous financial year. The Executive Council shall meet and act as a collective authority.

Article 55.

Ministers who shall not be members of the Executive Council may be appointed [by the Representative of the Crown[, and shall comply with the provisions of Article 17 of this Constitution]^[10]. Every such Minister shall be nominated]^[1] by Dáil Eireann on the recommendation of a Committee of Dáil Eireann chosen by a method to be determined by Dáil Eireann, so as to be impartially representative of Dáil Eireann. Should a recommendation not be acceptable to Dáil Eireann, the Committee may continue to recommend names until one is found acceptable. The total number of Ministers, including the Ministers of the Executive Council, shall not exceed twelve.

Article 56.

Every Minister who is not a member of the Executive Council shall be the responsible head of the Department or Departments under his charge, and shall be individually responsible to Dáil Eireann alone for the administration of the Department or Departments of which he is the head: Provided that should arrangements for Functional or Vocational Councils be made by the Oireachtas these Ministers or any of them may, should the Oireachtas so decide, be members of, and be recommended to Dáil Eireann by, such Councils. The term of office of any Minister, not a member of the Executive Council, shall be the term of Dáil Eireann existing at the time of his appointment, but he shall continue in office until his successor shall have been appointed, and no such Minister shall be removed from office during his term otherwise than by Dáil Eireann itself, and then for stated reasons, and after the proposal to remove him has been submitted to a Committee, chosen by a method to be determined by Dáil Eireann, so as to be impartially representative of Dáil Eireann, and the Committee has reported thereon.

[Article 57.

Every Minister shall have the right to attend and be heard in Seanad Eireann.]^[6]

Article 58.

The appointment of a member of Dáil Eireann to be a Minister shall not entail upon him any obligation to resign his seat or to submit himself for re-election.

Article 59.

Ministers shall receive such remuneration as may from time to time be prescribed by law, but the remuneration of any Minister shall not be diminished during his term of office.

[Article 60.

The Representative of the Crown, who shall be styled the Governor-General of the Irish Free State (Saorstát Eireann) shall be appointed in like manner as the Governor-General of Canada and in accordance with the practice observed in the making of such appointments. His salary shall be of the like amount as that now payable to the Governor-General of the Commonwealth of Australia and shall be charged on the public funds of the Irish Free State (Saorstát Eireann) and suitable provision shall be made out of those funds for the maintenance of his official residence and establishment.]^[1]

Article 61.

All revenues of the Irish Free State (Saorstát Eireann) from whatever source arising, shall, subject to such exception as may be provided by law, form one fund, and shall be appropriated for the purposes of the Irish Free State (Saorstát Eireann) in the manner and subject to the charges and liabilities imposed by law.

Article 62.

Dáil Eireann shall appoint a Comptroller and Auditor-General to act on behalf of the Irish Free State (Saorstát Eireann). He shall control all disbursements and shall audit all accounts of moneys administered by or under the authority of the Oireachtas and shall report to Dáil Eireann at stated periods to be determined by law.

Article 63.

The Comptroller and Auditor-General shall not be removed except for stated misbehaviour or incapacity [on resolutions passed by Dáil Eireann and Seanad Eireann. → by a resolution of Dáil Eireann for the passing of which not less than four-sevenths (exclusive of the Chairman or presiding member) of the full membership of Dáil Eireann shall have voted]^[11] Subject to this provision, the terms and conditions of his tenure of office shall be fixed by law. He shall not be a member of the Oireachtas, nor shall he hold any other office or position of emolument. [Notwithstanding anything contained in any other Article of this Constitution, a Bill for legislation to amend this Article in relation to the passing of the said resolution shall not be introduced in Dáil Eireann unless or until the amendment proposed by such Bill has been approved by a resolution of Dáil Eireann for the passing of which not less than four-sevenths (exclusive of the Chairman or presiding member) of the full membership of Dáil Eireann shall have voted.]^[34]

Article 64.

The judicial power of the Irish Free State (Saorstát Eireann) shall be exercised and justice administered in the public Courts established by the Oireachtas by judges appointed in manner hereinafter provided. These Courts shall comprise Courts of First Instance and a Court of Final Appeal to be called the Supreme Court. The Courts of First Instance shall include a High Court invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal, and also Courts of local and limited jurisdiction, with a right of appeal as determined by law.

Article 65.

The judicial power of the High Court shall extend to the question of the validity of any law having regard to the provisions of the Constitution. In all cases in which such matters shall come into question, the High Court alone shall exercise original jurisdiction.

Article 66.

The Supreme Court of the Irish Free State (Saorstát Eireann) shall, with such exceptions (not including cases which involve questions as to the validity of any law) and subject to such regulations as may be prescribed by law, have appellate jurisdiction from all decisions of the High Court. The decision of the Supreme Court shall in all cases be final and conclusive, and shall not be reviewed or capable of being reviewed by any other Court, Tribunal or Authority whatsoever: [Provided that nothing in this Constitution shall impair the right of any person to petition His Majesty for special leave to appeal from the Supreme Court to His Majesty in Council or the right of His Majesty to grant such leave → and no appeal shall lie from a decision of the Supreme Court or of any other Court in the Irish Free State (Saorstát Eireann) to His Majesty in Council, and it shall not be lawful for any person to petition His Majesty for leave to bring any such appeal]^[35].

Article 67.

The number of judges, the constitution and organisation of, and distribution of business and jurisdiction among, the said Courts and judges, and all matters of procedure shall be as prescribed by the laws for the time being in force and the regulations made thereunder.

Article 68.

The judges of the Supreme Court and of the High Court and of all other Courts established in pursuance of this Constitution shall be appointed by [the Representative of the Crown on the advice of]^[1] the Executive Council. The judges of the Supreme Court and of the High Court shall not be removed except for stated misbehaviour or incapacity, and then only [by resolutions passed by both Dáil Eireann and Seanad Eireann → by a resolution of Dáil Eireann for the passing of which not less than four-sevenths (exclusive of the Chairman or presiding member) of the full membership of Dáil Eireann shall have voted]^[11]. The age of retirement, the remuneration and the pension of such judges on retirement and the declarations to be taken by them on appointment shall be prescribed by law. Such remuneration may not be diminished during their continuance in office. The terms of appointment of the judges of such other courts as may be created shall be prescribed by law. [Notwithstanding anything contained in any other Article of this Constitution a Bill for legislation to amend this Article in relation to the passing of the said resolution shall not be introduced in Dáil Eireann unless or until the amendment proposed by such Bill has been approved by a resolution of Dáil Eireann for the passing of which not less than four-sevenths (exclusive of the Chairman or presiding member) of the full membership of Dáil Eireann shall have voted.]^[34]

Article 69.

All judges shall be independent in the exercise of their functions, and subject only to the Constitution and the law. A judge shall not be eligible to sit in the Oireachtas, and shall not hold any other office or position of emolument.

Article 70.

No one shall be tried save in due course of law, and extraordinary courts shall not be established, save only such Military Tribunals as may be authorised by law for dealing with Military offenders against military law. The jurisdiction of Military Tribunals shall not be extended to or exercised over the civil population save in time of war, or armed rebellion, and for acts committed in time of war or armed rebellion, and in accordance with the regulations to be prescribed by law. Such jurisdiction shall not be exercised in any area in which all civil courts are open or capable of being held, and no person shall be removed from one area to another for the purpose of creating such jurisdiction.

Article 71.

A member of the armed forces of the Irish Free State (Saorstát Eireann) not on active service shall not be tried by any Court Martial or other Military Tribunal for an offence cognisable by the Civil Courts, unless such offence shall have been brought expressly within the jurisdiction of Courts Martial or other Military Tribunal by any code of laws or regulations for the enforcement of military discipline which may be hereafter approved by the Oireachtas.

Article 72.

No person shall be tried on any criminal charge without a jury save in the case of charges in respect of minor offences triable by law before a Court of Summary Jurisdiction and in the case of charges for offences against military law triable by Court Martial or other Military Tribunal.

TRANSITORY PROVISIONS.

Article 73.

Subject to this Constitution and to the extent to which they are not inconsistent therewith, the laws in force in the Irish Free State (Saorstát Eireann) at the date of the coming into operation of this Constitution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended by enactment of the Oireachtas.

Article 74.

Nothing in this Constitution shall affect any liability to pay any tax or duty payable in respect of the financial year current at the date of the coming into operation of this Constitution or any preceding financial year, or in respect of any period ending on or before the last day of the said current financial year, or payable on any occasion happening within that or any preceding year, or the amount of such liability; and during the said current financial year all taxes and duties and arrears thereof shall continue to be assessed, levied and collected in like manner in all respects as immediately before this Constitution came into operation, subject to the like adjustments of the proceeds collected as were theretofore applicable; and for that purpose the Executive Council shall have the like powers and be subject to the like liabilities as the Provisional Government.

Goods transported during the said current financial year from or to the Irish Free State (Saorstát Eireann) to or from any part of Great Britain or the Isle of Man shall not, except so far as the Executive Council may otherwise direct, in respect of the forms to be used and the information to be furnished, be treated as goods exported or imported, as the case may be.

For the purpose of this Article, the expression “financial year” means, as respects income tax (including super-tax) the year of assessment, and as respects other taxes and duties, the year ending on the thirty-first day of March.

Article 75.

Until Courts have been established for the Irish Free State (Saorstát Eireann) in accordance with this Constitution, the Supreme Court of Judicature, County Courts, Courts of Quarter Sessions and Courts of Summary Jurisdiction, as at present existing, shall for the time being continue to exercise the same jurisdiction as heretofore, and any judge or justice, being a member of any such Court, holding office at the time when this Constitution comes into operation, shall for the time being continue to be a member thereof and hold office by the like tenure and upon the like terms as heretofore, unless, in the case of a judge of the said Supreme Court or of a County Court, he signifies to the Representative of the Crown his desire to resign. Any vacancies in any of the said Courts so continued may be filled by appointment made in like manner as appointments to judgeships in the Courts established under this Constitution: Provided that the provisions of Article 66 of this Constitution as to the decisions of the Supreme Court established under this Constitution shall apply to decisions of the Court of Appeal continued by this Article.

Article 76.

If any judge of the said Supreme Court of Judicature or of any of the said County Courts on the establishment of Courts under this Constitution, is not with his consent appointed to be a judge of any such Court, he shall, for the purpose of Article 10 of the Scheduled Treaty, be treated as if he had retired in consequence of the change of Government effected in pursuance of the said Treaty, but the rights so conferred shall be without prejudice to any rights or claims that he may have against the British Government.

Article 77.

Every existing officer of the Provisional Government at the date of the coming into operation of this Constitution (not being an officer whose services have been lent by the British Government to the Provisional Government) shall on that date be transferred to and become an officer of the Irish Free State (Saorstát Eireann), and shall hold office by a tenure corresponding to his previous tenure.

Article 78.

Every such existing officer who was transferred from the British Government by virtue of any transfer of services to the Provisional Government shall be entitled to the benefit of Article 10 of the Scheduled Treaty.

Article 79.

The transfer of the administration of any public service, the administration of which was not before the date of the coming into operation of this Constitution transferred to the Provisional Government, shall be deferred until the 31st day of March, 1923, or such earlier date as may, after one month's previous notice in the Official Gazette, be fixed by the Executive Council; and such of the officers engaged in the administration of those services at the date of transfer as may be determined in the manner hereinafter appearing shall be transferred to and become officers of the Irish Free State (Saorstát Eireann); and Article 77 of this Constitution shall apply as if such officers were existing officers of the Provisional Government who had been transferred to that Government from the British Government. The officers to be so transferred in respect of any services shall be determined in like manner as if the administration of the services had before the coming into operation of the Constitution been transferred to the Provisional Government.

Article 80.

As respects departmental property, assets, rights and liabilities, the Government of the Irish Free State (Saorstát Eireann) shall be regarded as the successors of the Provisional Government, and, to the extent to which functions of any department of the British Government become functions of the Government of the Irish Free State (Saorstát Eireann), as the successors of such department of the British Government.

Article 81.

After the date on which this Constitution comes into operation the House of the Parliament elected in pursuance of the Irish Free State (Agreement) Act, 1922 (being the constituent assembly for the settlement of this Constitution), may, for a period not exceeding one year from that date, but subject to compliance by the members thereof with the provisions of Article 17 of this Constitution, exercise all the powers and authorities conferred on Dáil Eireann by this Constitution, and the first election for Dáil Eireann under Articles 26, 27 and 28 hereof shall take place as soon as possible after the expiration of such period.

[Article 82.

Notwithstanding anything contained in Articles 14 and 33 hereof, the first Seaned Eireann shall be constituted immediately after the coming into operation of this Constitution in the manner following, that is to say:—

(a) The first Seanad Eireann shall consist of sixty members, of whom thirty shall be elected and thirty shall be nominated.

(b) The thirty nominated members of Seanad Eireann shall be nominated by the President of the Executive Council who shall, in making such nominations, have special regard to the providing of representation for groups or parties not then adequately represented in Dáil Eireann.

(c) The thirty elected members of Seanad Eireann shall be elected by Dáil Eireann voting on principles of Proportional Representation.

(d) Of the thirty nominated members, fifteen to be selected by lot shall hold office for the full period of twelve years, the remaining fifteen shall hold office for the period of six years.

(e) Of the thirty elected members the first fifteen elected shall hold office for the period of nine years, the remaining fifteen shall hold office for the period of three years.

(f) At the termination of the period of office of any such members, members shall be elected in their place in manner provided by Article 32 of this Constitution.

(g) Casual vacancies shall be filled in manner provided by Article 34 of this Constitution.]^[6]

Article 83.

The passing and adoption of this Constitution by the Constituent Assembly and the British Parliament shall be announced as soon as may be, and not later than the sixth day of December, Nineteen hundred and twenty-two, by Proclamation of His Majesty, and this Constitution shall come into operation on the issue of such Proclamation.

Footnotes

Original text enacted by the Constitution of the Irish Free State (Saorstát Eireann) Act, 1922. Note that there are no amendments numbered 19 or 25: the corresponding bills lapsed without being enacted.

1. Deleted by Amendment No.27 on 11 December 1936
2. Inserted by Amendment No.17 on 17 October 1931
3. Deleted by Amendment No.22 on 5 April 1935
4. Replaced by Amendment No.22 on 5 April 1935
5. Replaced by Amendment No.24 on 29 May 1936
6. Deleted by Amendment No.24 on 29 May 1936
7. Deleted by Amendment No.10 on 12 July 1928.
8. Deleted by Amendment No.6 on 23 July 1928
9. Replaced by Amendment No.6 on 23 July 1928
10. Deleted by Amendment No.18 (the Constitution (Removal of Oath) Act, 1933) on 3 May 1933
11. Replaced by Amendment No.24 on 29 May 1936
12. Inserted by Amendment No.2 on 19 March 1927
13. Replaced by Amendment No.27 on 11 December 1936
14. Deleted by Amendment No.23 on the dissolution of the Dáil on 14 June 1937
15. Deleted by Amendment No.3 on 4 March 1927
16. Replaced by Amendment No.4 on 4 March 1927
17. Replaced by Amendment No.8 on 25 October 1928.
18. Replaced by Amendment No.7 on 30 October 1928.
19. Inserted by Amendment No.1 on 11 July 1925
20. Inserted by Amendment No.7 on 30 October 1928.
21. Replaced by Amendment No.9 on 25 October 1928.
22. Replaced by Amendment No.11 on 17 December 1929
23. Text replaced by Amendment No.1 on 11 July 1925
24. Replaced by Amendment No.12 on 24 March 1930
25. Replaced by Amendment No.20 on 2 November 1933
26. Deleted by Amendment No.13 on 23 July 1928
27. Inserted by Amendment No.13 on 23 July 1928
28. Deleted by Amendment No.14 on 14 May 1939
29. Deleted by Amendment No.21 on 2 November 1933
30. Replaced by Amendment No.16 on 14 May 1929
31. Inserted by Amendment No.27 on 11 December 1936
32. Replaced by Amendment No.5 on 5 May 1927
33. Replaced by Amendment No.15 on 14 May 1929
34. Inserted by Amendment No.24 on 29 May 1936
35. Deleted by Amendment No.22 on 16 November 1933