CONSTITUTION OF THE IRISH FREE STATE. (SAORSTÁT EIREANN.)

Article 1.

Constitution of the Irish Free State (consolidated text)

The Irish Free State (otherwise hereinafter called or sometimes called Saorstát Eireann) is a co-equal member of the Community of Nations forming the British Commonwealth of Nations.

Constitution of the Irish Free State (consolidated text)

Article 2.

Constitution of the Irish Free State (consolidated text)

All powers of government and all authority, legislative, executive, and judicial, in Ireland are derived from the people of Ireland, and the same shall be exercised in the Irish Free State (Saorstát Eireann) through the organisations established by or under, and in accord with, this Constitution.

Article 2A.

PART I. Preliminary and General

1. Operation of Parts II to V of this Article. (1) Parts II, III, IV, and V of this Article shall not be of any force or effect unless or until the Executive Council makes an Order under this section declaring that Parts II, III, IV, and V of this Article shall come into force, but if and whenever and so often as the Executive Council makes such order Parts II, III, IV, and V of this Article shall come into and be of full force and effect immediately upon the making of such order and shall continue in such force and effect until the Executive Council makes an order under this section declaring that the said Parts of this Article shall cease to be in force whereupon the said Parts of this Article shall cease to be in force but without prejudice to the validity of anything previously done thereunder. (2) Whenever the Executive Council is of opinion that circumstances exist which render it expedient that Parts II, III, IV, and V of this Article should be brought into force, the Executive Council may by order declare that Parts II, III, IV, and V of this Article shall come into force. (3) Whenever and so often as Parts II, III, IV, and V of this Article are in force and the Executive Council is of opinion that circumstances rendering it expedient that the said Parts of this Article should be in force no longer exist, the Executive Council may by order declare that Parts II, III, IV, and V shall cease to be in force.

2. Construction of this Article in relation to other Articles. Article 3 and every subsequent Article of this Constitution shall be read and construed subject to the provisions of this Article, and in the case of any inconsistency between this Article and the said Article 3 or any subsequent Article, this Article shall prevail.

3. Definitions and Interpretation. (1) In this Article— the word “association” includes any combination of persons whether such combination is or is not known by a distinctive name; the expression “treasonable or seditious documents” includes any documents relating to or concerned with or issued or emanating from or appearing to issue or emanate from an unlawful association; the word “offence” includes crime; the word “periodical” means any newspaper, magazine, journal, or other publication which is published or issued at regular or substantially regular intervals; (2) The Interpretation Act 1923 (No. 46 of 1923), applies to the interpretation of this Article in like manner as it applies to the interpretation of an Act of the Oireachtas passed after the 1st day of January, 1924.

PART II. The Constitution (Special Powers) Tribunal.

4. Establishment of the Constitution (Special Powers) Tribunal. (1) As soon as may be after every occasion on which this section of this Article comes into force, there shall be established a tribunal (in this Article referred to as the Tribunal) to be known and styled as the Constitution (Special Powers) Tribunal. (2) The Tribunal shall consist of five members, all of whom shall be officers of the Defence Forces of Saorstát Eireann not below the rank of commandant and shall be appointed and be removable at will by the [Governor-General acting on the advice of the] Executive Council. (3) The Minister for Finance may appoint such registrar, clerks, and servants for the purposes of the Tribunal as he thinks proper and there may be paid to such registrar, clerks, and servants and to the members of the Tribunal such remuneration and allowances as the Minister for Finance may determine.