Éire relates to the entire island
A State is set up as a system for society to function within. It is a juristic person created by the people and administered by a construct of civil servants. The Oireachtas, Seanad, government departments and the judiciary are all agents and service providers for the State.
As nationals we are beneficiaries of the State.
As citizens we are trustees of the State. The body of the state lays out what is meant by the State including our territory, our national emblems and what is owned by the nation.
Article 4 The State
Éire is the name of the State or, in the English tongue,
Ireland.
The name Éire was changed to Éire in the Confirmation of Agreements Act 1938, even though this would be deemed inconsistent with the provisions of article 15.4, article 25.5 and 63 of An Bunreacht 1937.
The sovereign seal for the courts and post office
The President’s seal
Postage stamp
Coinage
The 1937 constitution is the only one with the name of our state correctly written as Éire in our official orthography and Gaelic script, as per our Irish Constitution. It is however correctly represented on the state-issued coinage, postage stamps and the courts' sovereign seal (which should be above the judge's head with the national flag on the right).
Article 5
Éire is a sovereign, independent, democratic State
Article 5 refers to the character of the State.
See Article 34 and Article 58 as this includes The Declaration that all judges must take when entering into office.
Article 6
6.1. It is from the people, under God, that every power of rule, both legislation and fulfilment and judgement, comes and it is the people who have the right to appoint the rulers of the State, and it is up to / rests with the people finally to settle every question regarding the policies of the Nation in accordance with what is necessary for the welfare of the people.
6.2. It is by the organs of State / State organs that are established by this Constitution, and by those alone or by/with their authority, that those powers of rule can be operated.
Article 6.1 clearly states that it is the people who hold the power. While our government representatives are elected by the people they have no authority except as given by the people. It is their responsibility to enact the will of the people.
The original English translation in An Bunreacht 1937 refers to the people only once instead of 4 times as per the official literal translation. “The welfare of the people” was translated as “the common good” in the that translation which is inconsistent with the Gaelic version in the same document. The authors of the 1937 Irish constitution never intended it to be “for the common good” as this refers to communism.
Commoners = house of commons = crown establishment = dictatorial rule = facets of communism.
A sovereign people cannot be common, or commoners.
In Murphy vs Attorney General, JM Kelly points to the dominant role of the people as expressed by this section, as being "a central feature of the ideological rationale and political philosophy underlining the constitution" emphasising that the role of the legislature was in consequence, one of limited delegation only.
Article 7
The flag of three colours i.e. green, white, and orange, (is) the national emblem/flag.
Points to Consider:
Articles 7 refers to the national flag
Article 8
8.1. As/since (the) Irish (language) is / Irish being the national language it is the principal official language.
8.2. The English tongue is accepted as another official language.
8.3. But provision may be made by law for either of those two languages to be a single language for any official businesses or business throughout the whole State or in any part of it.
Gates of an Irish college with the sign in Cló Gaelach script
The Irish language achieved full parity with the European Union’s 23 official languages from December 31st, 2021. Click here to read more.
President Higgins said "While the language will now be in every day use in the EU, we must now seize the opportunity to also take responsibility for ensuring that it means something in our own lives. I gcroílár gnóthaí laethúla na hEorpa; i gcroílár an tsaoil sa Bhaile (at the heart of daily business in Europe; at the heart of life at home)."
Article 8 protects our language.
•Téacs Gaeḋilge is the Irish language and Cló Gaelach is the national script (typeface). To be valid our laws must be written written in the national language. Laws are to be written in the national script.
•In the case of a discrepancy in the English and Gaelic versions the Téacs Gaeḋilge version has supremacy - see Artical 63
•Cló Gaelach (our national Irish script) was omitted from the constitution on May 30th 1941
•Cló Gaelach was removed from Irish schools in the 1945 spelling reform. Source: 2003 Official Language Act
•Gaeḋilge may be omitted for business purposes only (i.e. legislation), but not for law – Article 8.3. We can demand our right for laws to be available in Gaeḋilge as it is our official indigenous text. Without it, laws are invalid.
•Gaeḋilge, the official Irish language, achieved full parity with the European Union’s 23 official languages from midnight, December 31st, 2021
This article replaced article 4 of the 1922 Free State Constitution thereby giving Gaeḋilge supremacy. This text of An Bunreacht is a copy of the text prepared in accordance with article 25, and enrolled in the office of the registrar of The Supreme Court on the 25th day of March 1942.
Second amendment of the constitution Act 1941, (30th May 1941)
M O'C: It is significant in this regard that some of the emendations made by the Second Amendment of the Constitution Act, 1941, involved emending the Irish text alone. The substitution of ‘cíos’ for ‘fagháltas’, expressing ‘revenue’ in Article 11, was the very first emendation in the 1941 Amendment of the Constitution, for example, no corresponding emendation being made to the English text.45
See J.M. Kelly The Irish Constitution pages 143 - 159
It has been said that even in the 1999 literal translation of 50 articles 42 were completely different and the remaining 8 were slightly different and none were deemed to be an accurate literal translation
Article 9
9.1.1 On the coming into operation of this Constitution anybody who was a citizen of the Irish Free State immediately before the coming into operation of this Constitution is a citizen of Ireland.
9.1.2 It is in accordance with law that (the) getting/receiving and (the) losing/loss (of) Irish nationality and citizenship will henceforth be determined.
9.1.3 It is not permitted to withhold Irish citizenship and nationality from any person because that person is male or female.
Article 9 refers to our citizenship. This is where we are a trustee of the State. Here we are acting in our public capacity as "an incapable" / "incorporated person". It is for conducting commerce using licences such as driving licence, revenue or other registration documents. The 1924 Criminal Justice Act still has jurisdiction in the Irish Supreme Court.
This could be read together with article 39 which defines treason.
Note the use of the words “person” and “citizen” used very judiciously in these 2 articles. These terms refer to you in your commercial (public) capacity.
Article 9.2 It is a basic political duty on each/every citizen to be faithful/true to the nation and loyal/steadfast to the State.
Article 9.2 Being faithful to the nation and loyal to the State is the duty of every citizen
Article 10
10.1 All potential natural wealth, along with the air and all potential energy, (of that) which is under the jurisdiction of the Parliament and the Government that is established by this Constitution, along with every royalty and exemption/franchise that is under that jurisdiction, they all belong to the State, without prejudice to whatever estates and interests that lawfully belong to any person or to any group at present.
10.2 Every land and every mine, mineral, and water which belonged to the Irish Free State immediately before the coming into operation of this Constitution (they) all belong to the State to the extent that they belonged to the Irish Free State at that time.
10.3 Provision may be made by law to manage / to undertake the management of the wealth/property that belongs to the State by virtue of this Article, and to regulate/control the permanent alienation/assignment or the temporary alienation/assignment of that wealth/property.
10.4 Provision may be made by law, moreover, to undertake the management of land, mines, minerals and waters which will come into the possession of the State after the coming into operation of this Constitution, and to regulate/control the permanent alienation/assignment or the temporary
alienation/assignment of the land, the mines, the minerals and the waters which will thus come into its possession.
Article 10 is about our natural resources and state property. This replaced article 11 of the 1922 constitution (Saorstát Éireann).
This article supports the view that the State is a juristic person and is capable of holding property.
Click the links below to read the mineral development acts for both jurisdictions, both in 1979:
https://www.irishstatutebook.ie/eli/1979/act/12/enacted/en/html
Article 11
All the rent of the State whatever its origin, except that part of it of which an exception is made by law, must be put into one single fund and appropriated for the purposes and in the manner, that is decided by law and within the scope/constraint of the charges/burdens and the liabilities that are levied by law.
Article 11 refers to the central fund and the revenues / rent the State accrues. This is identical to article 61 of Saorstat Eireann 1922 provision.
Pages 51 and 52 from The Irish Constitution by JM kelly relates to taxes to be collected by the State from Irish men, women and companies. These taxes are intended to go to the central fund for redistribution in the community for services, amenities and for the benefit of the people living on the island.
Article 11 was included by Maguire J., in Attorney General vs Crawford, in the list of articles which he thought "clearly repugnant to the continued existence of The Crown as an expression designating any function of government in this State". While The Crown does not "exist" in the State Éire, it continues to collect revenues in the dominion statelets, i.e. Republic of Ireland, Northern Ireland, Ireland or Eire (no fada).
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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