Official Literal English translation
REPEALING THE CONSTITUTION OF THE IRISH FREESTATE AND PERPETUATING LAWS
Article 48
48 The Constitution which will be in force for the Irish Free State immediately before the day of the coming into operation of this Constitution and the Constitution of the Irish Free State Act, 1922, in so far as that Act or any provision of it will be in force at that time, they are repealed by this and they will be repealed (on) that day and from then on.
Article 49
49.1 Every power, function, right and prerogative that was operable in the Irish Free State or with regard to the Irish Free State immediately before the 11th day of the Month of December, 1936, whether by virtue of the Constitution which was then in force or not, by the authority which had the executive power of the Irish Free State at that time, it is hereby declared that they all belong to the people.
49.2 Except in so far as provision is made by this Constitution, or that provision will be made hereafter by law, so that any of those powers, functions, rights or prerogatives will be operated, by any organ which is established by this Constitution, it is hereby enacted that it is not lawful and it is not possible to operate those powers, functions, rights, and prerogatives in the State or with regard to the State except by the Government or with the authority of the Government.
49.3 The Government is successor to the Government of the Irish Free State with regard to all property, assets, rights and liabilities.
Points to Consider:
Articles 48 and 49
Article 48 and Article 49 removed the residue of control of The Crown Establishment and returned it to the people of Éire.
This is an important Article as it shows the lawful transition from Saorstát Eireann (and relinquishing Ireland's oaths to The Crown) to become Éire.
Note that Article 49.2 allows only for the organs established under this Constitution to be accepted as lawful, except by the authority of the Government.
Are the NGO's lawful if the Government is operating a "back-door" system by using 'emergency powers' when Ireland was not at war? It begs a question whether the Government is following the relevant lawful routes to cede sovereignty to these NGOs and the various international organisations, such as WEF, WHO, NATO, etc?
On his abdication from the throne and the British Empire, on 10th December 1936, King Edward VIII left the throne vacant and therefore the Irish 'Free State' was was not under the power of the British Empire. It was because of this abdication that Ireland is no longer a dominion under the British Empire.
Eamon De Valera, as head of the Irish republican party, Fianna Fail, seized this window of opportunity where there was no sitting monarch and he struck for 'her' freedom.
It should be noted that 'The Government of Ireland Act', 1920, the 'Anglo Irish Treaty', 1921 and the 'Constitution of the Irish Free State Act', 1922' each left the Irish Free State, and therefore, 'Ireland', as a dominion of the Crown. Éire however is free.
JM Kelly and "Fading Out The Crown"
JM Kelly The Irish Constitution 3rd edition Article 49
JM Kelly The Irish Constitution 3rd edition Article 49 contd
The aim of this website is to educate Irish men and women on their rights and to have them question their preconceived ideas on their powerlessness in this regard, when in essence it is the people of Éire (Ireland) who truly hold the power. It is not legal or lawful advice.
Maxim of Law:
"He who fails to assert his rights has none".
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