Articles 51 - 63 Transitory Provisions

The Omitted Articles

Articles 51 - 63:

The purpose of the Government is to fulfil on the Constitution

"The Transitory Provisions, Articles 51 - 63 inclusive, which continue to have the force of law, are however, omitted from this official text in accordance of the terms of Articles 51 and 52.The text embodies all of the amendments made by the Oireachtas prior to the date of enrolment.

While Articles 51 - 63 inclusive 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 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.

1942 Irish Constitution 1st & 2nd amendment

Article 51

Transitory Provisions

Article 51 Transitory provisions Irish
Article 51 Transitory provisions
Article 51 (continued) Transitory provisions Irish
Article 51 contd Transitory provisions English

Comments on Article 51: JM Kelly The Irish Constitution

Article 51.4 An Bunreacht

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)."

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

Article 52

Transitory Provisions

JM Kelly Comments on Article 52

JM Kelly on Article 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."

Article 53 Transitory Provisions

Article 53 Transitory Provisions contd
Article 53 Transitory Provisions contd Irish
Article 53 contd Transitory provisions English

Article 54 Transitory Provisions

Article 54 Transitory provisions Irish
Article 54 Transitory provisions Irish

Below: Inside cover of Original 1972 Constitution, showing 3rd, 4th & 5th Amendments

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 ( - but not the EU...)

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

1972 Irish Constitution 3rd-5th Amendments

Article 55 Transitory Provisions

Article 55 Transitory provisions Irish
Article 55 contd Transitory provisions Irish
Article 55 Transitory provisions English
Article 55 contd Transitory provisions English

Article 56 Transitory Provisions

Article 56 Transitory provisions Irish
Article 56 Transitory provisions English

Article 57 Transitory Provisions

Article 57 Transitory provisions Irish
Article 57 Transitory provisions English
Article 57 contd Transitory provisions Irish
Article 57 contd Transitory provisions English

Article 58

Transitory Provisions

Article 58 Transitory provisions Irish
 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

Article 59

Transitory Provisions

Article 59 Transitory Provisions Irish
Article 59 Transitory Provisions English
Article 59 Transitory Provisions English
Article 59 contd Transitory Provisions English

Article 60 Transitory Provisions

Article 60 Transitory Provisions Irish
Article 60 Transitory Provisions English

Article 61 Transitory Provisions

Article 61 Transitory provisions Irish
Article 61 Transitory provisions English

Article 62 Transitory Provisions

Article 62 Transitory provisions Irish
Article 62 Transitory provisions Irish contd
Article 62 Transitory provisions English
Article 62 Transitory provisions Irish
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.

3 versions of Bunreacht na hÉireann

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

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