Articles 51 - 63

The Omitted Articles

While these articles have not been printed in subsequent copies of the Constitution, they are still enrolled in the offices of The Registrar of The Irish Supreme Court and they carry the full force of law. They may be evoked by any individual litigant in Irish Courts to operate in this jurisdiction, in the territory Éire. They are often referred to as the "missing articles" as they have not been reprinted, however it was intended that they might be omitted as outlined in article 52 in our original Constitution, An Bunreacht 1937.

Comments on Article 51: JM Kelly The Irish Constitution

Article 51 pg 1a JM Kelly The Irish Constitution
Article 51 JM Kelly The Irish Constitution

Article 51 comments in JM Kelly The Irish Constitution

Article 51 JM Kelly The Irish Constitution

Article 51

Article 51.4 An Bunreacht English

Points to Consider

JM Kelly The Irish Constitution 2nd Edition comments on the "very inconvenient result of the provision of Article 52.1 (and of Article 51.4) in the text of the Transitory Provisions can only be found in the very early editions of the Constitution. Articles 52 - 63 do not appear to be printed officially in any published form later than 1938 (so that, for example, there is no version of Article 56 as amended by the Second Amendment of the Constitution in 1941). It is, however, understood that the official intention is to publish once again, in the near future, the text of all Transitory Provisions, in a format separate from the main text of the Constitution."

Article 52

Inside cover of Original 1942 Constitution, showing 1st & 2nd Amendments

Airteagal 52

Points to consider

JM Kelly The Irish Constitution 2nd Edition comments on the "very inconvenient result of the provision of Article 52.1 (and of Article 51.4) in the text of the Transitory Provisions can only be found in the very early editions of the Constitution. Articles 52 - 63 do not appear to be printed officially in any published form later than 1938 (so that, for example, there is no version of Article 56 as amended by the Second Amendment of the Constitution in 1941). It is, however, understood that the official intention is to publish once again, in the near future, the text of all Transitory Provisions, in a format separate from the main text of the Constitution."

1942 Irish Constitution 1st & 2nd amendment

Articles 53 - 57 of the omitted Articles

Article 53-54 JM Kelly The Irish Constitution
"Missing" articles 53-57 JM Kelly The Irish Constitution
Article 54-55 JM Kelly The Irish Constitution
JM Kelly The Irish Constitution "Missing articles" 53-57
Article 56-57 JM Kelly The Irish Constitution

Articles 53 - 57

The purpose of the Government is to fulfil on the Constitution.

This 1972 Constitution includes the 3rd 4th and 5th Amendments. These impacted Articles 16.1.2, Article 29.4.2 and 44.1 and made it possible so that the State could join The EEC

1972 Irish Constitution 3rd-5th Amendments
1972 Irish Constitution 3rd-5th Amendments

1972 Irish Constitution 3rd-5th Amendments

Article 58

 Article 58 JM Kelly The Irish Constitution Gaelic

Article 58

This is the declaration from which the Courts derive their authority.

See Article 31.3, Article 34, Article 5 and Article 61.

Q.: What of the tenure of Judges and civil servants, The Attorney General and The Comptroller and Auditor-General of Saorstát Na hÉireann?

A.: (i) The Judges and Justices shall hold office by the like tenure and on the like terms as heretofore.

 Article 58 JM Kelly The Irish Constitution
 Article 58 JM Kelly The Irish Constitution

Article 58

Articles 59 - 61

Article 61 - 63

Articles 59 - 61 Kelly The Irish Constitution

Article 59 - 61

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Article 61 - 63

Article 63 Kelly The Irish Constitution hierarchy of rights

In the event of a conflict between the hierarchy of constitutional rights, the higher rank must prevail, i.e. the Gaelic text which carries the full canopy of law that justice must be administrated.

THE CONSTITUTION OF IRELAND: THE FORGOTTEN TEXTUAL QUAGMIRE
Richard F. Humphreys
Irish Jurist

https://www.jstor.org/stable/44027854


3 versions of Bunreacht na hÉireann

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How An Bunreacht 1937 differs from "the blue book" BUNREACHT NA hÉIREANN 1942.