This study of the Irish text was commissioned by THE ALL-PARTY OIREACHTAS COMMITTEE ON THE CONSTITUTION and resulted in a literal English translation of BUNREACHT NA hÉIREANN 1999
This website primarily refers to "JM Kelly The Irish Constitution", An Bunreacht 1937 and to the Oireachtas-commissioned literal translation of the "1999 Blue Book" Constitution, "BUNREACHT NA hÉIREANN a study of the Irish text" by Micheál O' Cearúil - pictured on the left.
One of the reasons that this study of the Irish text was commissioned was because of the number of queries on, and challenges to, the original translation. While it would have been preferable to be able to refer to a literal translation of the 1937 Constitution, none exists as yet. There is still huge value in comparing these two translations, especially in those articles which have not been amended.
Mícheál Mac Aonghusa commented "Micheál Ó Cearúil has produced an impressive scholarly work analysing the Irish text of Bunreacht na hÉireann, word for word, detailing the history of the terminology. In an remarkable number of cases he traces terms back to Old Irish (ninth century and earlier) or Middle Irish (c. 900-1200)"
"To the delight or chagrin of lawyers, the divergences have proved to be crucial on a number of occasions since 1938. As early as 1945 James Dillon warned: ‘some are praying to God that the ambiguities in the Irish phrases of the Constitution will not be invoked by some wily individual who will go into the court on foot of the Irish text and reject the English.’"
Click here to read Mícheál Mac Aonghusa's full review of the extensive translation "Bunreacht Na hÉireann A study of the Irish text" by Micheal Ó Cearúil
Foreword and extract from "Bunreacht Na hÉireann A Study of the Irish Text"
J M Kelly
Fundamental Rights in the Irish Law and Constitution
1st Edition (1961)
Fundamental Rights in the Irish Law and Constitution by JM Kelly was a pioneering piece of work and it was the first of it's kind on this subject in Ireland.
"The study of fundamental rights in Ireland or anywhere else show that rights are no stronger that the government's will to preserve them, and cannot survive the invasion of legislature or bench by men who lack tolerance and moderation. Therefore, the question whether it is the destiny of the Irish Constitution to be more than a piece of paper depends not only on the nobility of it's contents, but on the watchfulness of the people." ~ J.M. Kelly
Fundamental Rights in the Irish Law and Constitution by JM Kelly is a prestigious body of work used as a reference across the world by both legal professionals and by universities' law schools. It is the first publication on civil liberties in Ireland since 1922.
"The development of a new branch of Irish jurisprudence, according to the common law inherited from England is made to fit Irish aspirations expressed in a rigid Constitution"
J M Kelly
Fundamental Rights in the Irish Law and Constitution
2nd Edition (1967)
Introduction to J M Kelly The Irish Constitution Second Edition 1967
JM Kelly Second Edition 1967
Fundamental Rights in the Irish Law and Constitution
Front of Dust Cover
JM Kelly Second Edition 1967
Fundamental Rights in the Irish Law and Constitution
Reviews on rear of dust cover
JM Kelly Second Edition 1967
Fundamental Rights in the Irish Law and Constitution
Recognition of the importance of JM Kelly's work inside dust cover
JM Kelly with GW Hogan and G Whyte
The Irish Constitution
Supplement to 2nd Edition (1987)
The supplement to the second edition of Irish Constitution by JM Kelly
"This supplement to the second (1984) edition has been necessitated by continuing rapid growth in the volume of constitutional jurisprudence; while that edition referred to about 650 Irish cases, this supplement - only after 3 1/2 years - records approximately 200 more recent decisions, as well as a number of older cases, some of them unreported, and the text of two important constitutional amendments enacted later in 1984 and in 1987." The publication of the supplement also coincides with the fiftieth anniversary of the Constitution's enactment in 1937."
"JM Kelly's Irish Constitution has been accepted, ever since the first edition appeared in 1980, as the standard commentary on Ireland's basic law."
Crotty v An Taoiseach 1987 is the most important citation in Irish Supreme Court history.
It is the Irish version of Marbury v Madison (1803) (Cranch 137), which was the first judicial review and determination of Government executive powers in the United States Supreme Court. This determined that the Constitution is not just a piece of paper, it is the law of the land. This is the most important decision in Supreme Court history to date. It determines that any act or legislation, that is in any respect repugnant to the Constitution, should be nullified and deemed null and void.
J.M. Kelly The Irish Constitution 3rd Edition (1994)
Gerard Hogan & Gerry Whyte
J.M. Kelly The Irish Constitution
3rd Edition (1994)
Gerard Hogan & Gerry Whyte
J.M. Kelly The Irish Constitution Third Edition (1994)
Gerard Hogan & Gerry Whyte
John Maurice Kelly, "a lifelong student of Irish constitutional law.
His book, Fundamental Rights in the Irish Law and Constitution 1st Edition (1961) was a pioneering academic work on it. In 1981 he brought out an article by article survey of the case law on the Constitution. Restless soul that he was, he tired of tedium of keeping it up to date and delegated the task of bringing out supplements to two eager talented young academic lawyers who had been his students, Gerard Hogan and Gerry White." ~ Charles Lysaght
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".
