Irish Constitution - The "Literal" Irish Text

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Correct "Literal translation" of Irish Constitution.This is the only valid in Irish courts. There have been many attmpts to bury this.

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<p>iv iv Government of Ireland 1999Baile tha CliathArna fhoilsi ag Oifig an tSolthairLe ceannach dreach nOifig Dholta Foilseachn RialtaisTeach Sun AllianceSrid Theach Laighean, Baile tha Cliath 2n trd an bp ost Foilseachin Rialtais, An Ranng Post-Trchta4-5 Bthar Fhearchair, Baile tha Cliath 2(Teil: 01-661 3111 folne 4040/ 4045; Fax: 01-475 2760)n tr aon doltir leabhar.Dublin Published by the Stationery OfficeTo be p urchased directly from theGovernment Publications Sale OfficeSun Alliance HouseMolesworth Street, Dublin 2or by mail order fromGovernment Publications, Postal Trade Section4-5 Harcourt Road, Dublin 2(Tel: 01-661 3111 ext 4040/ 4045; Fax: 01-475 2760)or through any bookseller.15.00 C19.06Pn 7899ISBN 0-7076-6400-4Printed by Criterion Press PrintersvThe All-Party Oireachtas Committee was established on 16 October 1997. Its terms ofreference are:In order to provide focus to the place and relevance of the Constitution and toestablish those areas where Constitutional change may be desirable ornecessary, the All-Party Committee will undertake a full review of theConstitution. In undertaking this review, the All-Party Committee will haveregard to the following:a the Report of the Constitution Review Groupb participation in the All-Party Committee would involve no obligationto support any recommendations which might be made, even if madeunanimouslyc members of the All-Party Committee, either as individuals or as Partyrepresentatives, would not be regarded as committed in any way tosupport such recommendationsd members of the All-Party Committee shall keep their respective PartyLeaders informed from time to time of the progress of the Committeesworke none of the parties, in Government or Opposition, would be precludedfrom dealing with matters within the All-Party Committees terms ofreference while it is sitting, and f whether there might be a single draft of non-controversialamendments to the Constitution to deal with technical matters.viThe committee comp rises eight TDs and four senators:Brian Lenihan, TD (FF), chairmanJim OKeeffe, TD (FG), vice-chairmanBrendan Daly, TD (FF)Senator John Dardis (PD)Thomas Enright, TD (FG)Samus Kirk, TD (FF)Derek McDowell, TD (LAB)Marian McGennis, TD (FF)Liz McManus, TD (LAB)Senator Denis ODonovan (FF)Senator Fergus ODowd (FG)Senator Kathleen OMeara (LAB)The secretariat is p rovided by the Institute of Public Administration:Jim ODonnell, secretaryJames McDermott, assistant secretary.While no constitutional issue is excluded from consideration by the committee, it isnot a body with exclusive concern for constitutional amendments: the Government,as the executive, is free to make constitutional p rop osals at any time.The All-Party Oireachtas Committee on the ConstitutionFourth Floor, Phoenix House7-9 South Leinster StreetDublin 2Telep hone : 01 662 5580Fax : 01 662 5581Email : info@ap occ.irlgov.ieviiCONTENTSBrollach viiiForeword ixText and Context 1The Nation 54The State 70The President 116The National Parliament 222The Government 402International Relations 437The Attorney General 455The Council of State 465The Comp troller and Auditor General 478The Courts 487Trial of Offences 523Fundamental Rights 538Directive Princip les of Social Policy 640Amendment of the Constitution 666The Referendum 674Rep eal of Constitution of Saorstt ireann andContinuance of Laws 680Ap p endices1 Preamble 6912 Tarma Dl 6983 Gender-p roofing 7054 The latest amendments 7095 Enrolled text 713Irish Index 742English Index 751viiiBROLLACHT cram thacs an Bhunreachta ar an Taoiseach. Tugtar cumhacht don Taoiseach le hAirteagal 25tacs den Bhunreacht a ullmh mar a bheidh i bhfeidhm san am. Nuair at cip den tacs sindeimhnithe ag an Taoiseach agus ag an bPromh-Bhreitheamh, agus lmh an Uachtarin curtha li,deintear a chur isteach ina hiris in oifig Chlraitheoir na Cirte Uachtara. An cl Gaelach a bh sachad leagan den tacs Gaeilge a rollaodh. Is sin a sideadh shin i leith tugtar cip den tacsGaeilge mar a rollaodh nos luaithe i mbliana i bhFoscrbhinn 5.Is an tacs barntil n tacs an Bhunreachta sa d theanga oifigila. T an forlmhas ag an tacsGaeilge i gcs easaontachta idir na tacsanna rollaithe. Tuigeadh don choiste agus iad i mbun a gcuidoibre go raibh g le staidar bunsach ar an tacs Gaeilge agus diarr ar Mhichel Cearil dul imbun an staidir seo. Nl an coiste freagrach, fach, as na tuairim a nochtar ann.Tagann tr n ach go hirithe chun solais sa srstaidar seo:1 Lironn tacs an Bhunreachta saibhreas agus seandacht na teanga. Is fidir roinnt de na tarmaat ann a rian siar go dt an t-ocht haois. Baineann abairt eile leis an dul chun cinn at dantaag an teanga agus leis an tsl ar cuireadh in oiriint don saol at ann bunaodh an Stt. Nochtarsa staidar saibhreas na bhfoins scrofa sa Ghaeilge at ar fil dinne inniu. Lirtear ann anoidhreacht scrofa agus seanchais at cuimsithe sa teanga nua-aimseartha. Agus sinn ar thairseachr nua chmid nach le gluaiseacht na hathbheochana 1893 i leith a thosaigh an teanga Ghaeilgea labhratear inniu. Is acmhainn uasal a shneann siar thar dh mhle bliain an teanga a labhratearsa Ghaeltacht ach go hirithe agus a mhintear inr scoileanna.2 Tabharfaidh an staidar seo an-chabhair do dhaoine agus br baint acu as an mBunreacht. 1937 i leith t lear mr trchtaireachta sa Bharla ar an mBunreacht. T cil an linn ar chuidmhaith den bhar sin. Ach is seo an chad staidar cuimsitheach a deineadh ar thacs Gaeilgean Bhunreachta. Tabharfaidh an staidar seo largas eile dinn ar r mBunreacht. Beidh s inachabhair ach go hirithe do na breithina, dlodir, p olaiteoir agus scolir dl i gcoitinne.3 Tugtar roinnt neamhrireachta i dtacsanna an Bhunreachta chun solais sa staidar seo. Lironnan t-dar go bhfuil deacrachta ann a bhaineann le cl, litri, gramadach agus foclir an tacsGaeilge. Is iontach an staidar seo agus t sil agam go sp reagfaidh s athbhreithni ar an dthacs den Bhunreacht agus gur fearrde iad d bharr.Brian Lenihan, TDCat haoirleachCoist e Uile-Phirt an Oireacht ais ar an mBunreachtixFOREWORDArticle 25 of the Constitution emp owers the Taoiseach to cause to be p rep ared under his sup ervisiona text in both the official languages of the Constitution then in force. A cop y of the text so p rep ared,when authenticated by the signatures of the Taoiseach and the Chief Justice and signed by thePresident, is enrolled for record in the office of the Registrar of the Sup reme Court. The first Irish textwas enrolled in the Gaelic scrip t and the p ractice has been maintained ever since a cop y of the Irishtext as enrolled earlier this year is rep roduced as Ap p endix 5.It should be noted that the constitutional text in both official languages is authentic. Article 25 p rovidesthat in case of conflict between the enrolled texts, the Irish language text p revails.In the course of the work of the committee it became obvious that a detailed study of the Irish textwas required. The committee engaged Michel Cearil to undertake the study. However, the committeedoes not accep t resp onsibility for the views exp ressed in the study.In my op inion there are three clear lessons to be drawn from this excellent study:1 The p resent Irish text of the Constitution illustrates the richness and antiquity of the language.Some of the terms emp loyed in the Constitution have a lineage that can be traced back to theeighth century. Other exp ressions used in the Constitution relate to the modern develop ment andadap tation of the language since the foundation of the State. The study discloses the wealth ofwritten sources in the Irish language available to us today. The study illustrates the continuousliterary tradition embodied in the modern language. On the eve of a new millennium we see thatthe Irish language sp oken today did not begin with the revival movement initiated in 1893. Thelanguage sp oken in the Gaeltacht in p articular and taught in schools is the p roud inheritance of asp oken tradition which has evolved over more than two millennia.2 This study will be of immense assistance to those who wish to interp ret the p rovisions of theConstitution. Since 1937 there has been a rich commentary in the English language on the provisionsof the Constitution. Much of this material has acquired a high scholarly rep utation. While p assingreference and consideration has been given to the Irish text, this is the first detailed, comprehensivestudy of the official text of the Constitution in the Irish language. This study will shed further lighton our Constitution and be a valuable help to those who interp ret, p rofess and study the law.3 The study illustrates certain anomalies in the texts of the Constitution. The author has identifieddifficulties relating to the scrip t, sp elling, grammar and vocabulary of the Irish text. It is my hop ethat this study will occasion a proper reconsideration of both texts with a view to their improvement.Brian Lenihan, TDChairman The All-Part y Oireacht as Commit t ee on t he Const it ut ionA study of the Irish text Staidar ar an tacs Gaeilge 11INTRODUCTIONBUNREACHT NA hIREANNTEXT AND CONTEXTArticle 25.5.4o of the Constitution p rovides that, in the event of conflict with the English version, theIrish version of the Constitution will p revail:In case of conflict between the texts of any cop y of this Constitution enrolled under this section, thetext in the national language shall prevail. I gcs gan na tacsanna daon chip irithe den Bhunreachtseo a bheidh curtha isteach ina hiris faoin alt seo a bheith de rir a chile, is ag an tacs Gaeilge abheidh an forlmhas.Dep uty W.T. Cosgrave, former President of the Executive Council, commented on this as followsduring the Dil debate on the draft Constitution on 14 June 1937:The Irish text is being made op erative in cases of disp ute in a court of law. As a matter of fact the Irishtext is a mere translation of the English. The Constitution was thought out and framed in English bythe President [of the Executive Council, Mr. de Valera]. It is unheard of and contrary to commonsense that an imp erfect translation, such as the Irish text of the Constitution, should be made theauthoritative version for the courts.1This study seeks to establish that the Irish text is in fact no mere translation of the English and revealsthat almost every section of the Constitution contains divergences of some degree between the twotexts. The following study illustrates that, were an official direct translation into Irish to be made todayof the original English text of the Constitution, very few sections of such a translation would correspondto the existing Irish text of the Constitution, this by no means being due solely, nor even p rincip ally,to develop ments in the language which have taken p lace since 1937. In the commentary on theConstitution which follows, we shall see that while many of the p rovisions of the 1937 Constitutionare identical to p rovisions of the 1922 Constitution, the Irish text of which is an acknowledged directtranslation of the English, the corresp onding Irish text in the 1937 Constitution differs greatly, and onemust assume deliberately, from that of the 1922 Constitution, again this being in very few instancesdue to develop ments in the Irish language between 1922 and 1937.The Irish text of the 1937 Constitution was p rep ared as the Constitution was being drafted, asagainst the usual translation p rocess which commences with a definitive text. Sp eaking in the above-mentioned Dil debate of 14 June 1937, the President of the Executive Council, amon de Valera, saidthat p roviding an Irish version was no mere afterthought on his p art; neither was it a direct translationof the English. The drafting in Irish was p rogressing along with the English step by step , almost fromthe beginning when the main ideas which were accep ted were being p ut down in draft-form:I want to tell those who suggest that the Irish was only an afterthought, a mere translation of theEnglish, that the Irish drafting has gone on pari passu almost from the beginning, when the fundamentalideas that were accep ted for the Constitution were being p ut in draft form. It is true that, as far as theliteral drafting of the Constitution was concerned, it has been largely left to one p erson. But thisdoes not mean that the Draft was not criticised. It does not mean that that draft was not changed fromits original form to the form in which you have it now, finally. It was changed a number of times, butthe p rincip le was to get those changes always exp ressed and p ut in their final shap e as far asp ossible by the one hand. The Irish has gone side by side with that. We got the most comp etentp eop le we could for the Irish. This Constitution has been criticised and examined closely by languageexp erts, and we have not had, as far as the Irish language is concerned, any criticism that wasworth while.2In fact, as against Dep uty Cosgraves assertion above, it is claimed in the authorised Irish biograp hy ofamon de Valera by Pdraig Fiannachta and Toms Nill that to a certain extent the final Englishdraft derived from the Irish: 1 Dil Debates, 14 June 1937, vol. 68, col. 351, in J.M. Kelly, The Irish Constitution (third ed., 1994), p . 211. 2 Dil Debates, 14 June 1937, vol. 68, col. 413.2 The Constitution of Ireland Bunreacht na hireannNa drachta tosaigh den Bhunreacht a chuir Sen hEathrn ar fil ba iad ba bhonn do leaganGaeilge a rinne Mchel Grofa gan mhoill: bh meas ag de Valera ar Ghaeilge shoilir bheachtMhchl. Ba an leagan Gaeilge seo a bh ag de Valera as sin amach mar bhonn saothair. Ba air abunaodh an leagan Barla ina dhiaidh sin, i dtreo gur tiont...</p>