Key Articles and Your Rights

Learn about the key articles of An Bunreacht 1937 and how they affect you personally

  • 34 - 37 Law and The Courts
  • 38 Trial of Offences
  • 39 Treason
  • 40 Personal Rights
  • 41 The Family
  • 42 Education
  • 43 Private Property
  • 44 Religion
  • 45 Social Policy
  • 46 Amending The Constitution
  • 47 The Referendum
  • 48 & 49 Repeal of Constitution of Saorstát Eireann and Continuance of Laws
  • 51 - 63 Transitory Provisions - The Omitted Articles

Lawful Text

Article 63 clarifies that a copy of the original text of the Constitution, An Bunreacht 1937, is enrolled for record in the offices of The Registrar of The Irish Supreme Court. Article 25 states that where there is a conflict between the Irish and English texts, the Irish will have supremacy.

The first point of fraud against this book of Irish law was the 1st Amendment which was not written in Gaelic, our native language. This amendment to article 28.3.3 changed the condition from one where emergency powers could be applied in a "time of war" in which Ireland was engaged, to applying emergency powers if there was a war anywhere that might affect Irish interests. Ireland was a neutral country and not at war at this time.

This Amendment gave to to the expression "time of war" an artificially extended meaning and was regarded as the route of immunity of the 1939 - 1946 emergency legislation from challenge; it was equally seen as part of the armour of the 1976 emergency powers act. The Bill for this Amendment of The Constitution Act was passed in English only and purported to alter only the English version of Article 28.3.3 inasmuch as the Irish version contained no reference to the artificially extended meaning of "time of war"; in applying Article 25.5.4 to the situation therefore, and allowing the Irish version to prevail, that extended meaning ought not to have been allowed to operate.

The 2nd Amendment of The Constitution Act, 1941, was bilingual itself, and contained parallel bilingual amendments, except for this part of Article 28.3.3, where it purported merely to supply the Irish amendment previously missing. It remains, however, a question whether a bilingual text can be effectively amended any way by a purported amendment which is unilingual; and if on that ground the purported 1939 amendment was ineffective, the purported 1941 supplementary amendment was equally so.

Article 8 clarifies that using any laws, acts, statutes, legislation in one language is for business purposes alone.

Lawful text Kelly The Irish Constitution; Types of interpretation

There are 5 different types of constitutional interpretation


1st Amendment to The 1937 Irish Constitution cover page
1st Amendment to the 1937 Irish Constitution
1st Amendment to the 1937 Irish Constitution

This is a copy of the first amendment of the Irish Constitution. It was never written in Gaelic and is therefore invalid.

1st Amendment to the 1937 Irish Constitution