Part 6

In the case of the death, resignation or disqualification of a member of the Senate/Seanad Eireann (other than a University member) his place shall be filled by a vote of the Senate/Seanad. Any Senator so chosen shall retire from office at the conclusion of the three years period then running and the vacancy or vacancies thus created shall be additional to the places to be filled under Article 31. The term of office of the members chosen at the election after the first fourteen elected shall conclude at the end of the period or periods at which the Senator or Senators by whose death or withdrawal the vacancy or vacancies was or were originally created would be due to retire; Provided that the fifteenth member shall be deemed to have filled the vacancy first created in order of time and so on.

In case of the death, resignation or disqualification of a University member of the Senate/Seanad, the University by which he was elected shall elect a person to fill his place, and the member so elected shall hold office so long as the member in whose place he was elected would have held office.

SECTION II.--LEGISLATIVE PROVISIONS.

D.--LEGISLATION.

ARTICLE 34.

The Chamber/Dail Eireann shall in relation to the subject matter of money bills as hereinafter defined have legislative authority exclusive of the Senate/Seanad Eireann.

A money Bill means a Bill which contains only provisions dealing with all or any of the following subjects, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on public moneys or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; subordinate matters incidental to those subjects or any of them. In this definition the expressions "taxation," "public money" and "loan" respectively do not include any taxation, money or loan raised by local authorities or bodies for local purposes.

The Chairman of the Chamber/Dail shall certify any bill which in his opinion is a money bill to be a money bill, but, if within three days after a Bill has been passed by the Chamber/Dail, two-fifths of the members of either House by notice in writing addressed to the Chairman of the House of which they are members so require, the question whether the Bill is or is not a money bill shall be referred to a Committee of Privileges consisting of three members elected by each House with a Chairman who shall be the senior judge of the Supreme Court able and willing to act and who, in the case of an equality of votes, but not otherwise, shall be entitled to vote. The decision of the Committee on the question shall be final and conclusive.

ARTICLE 35.

The Chamber/Dail Eireann shall as soon as possible after the commencement of each financial year consider the Budget of receipts and expenditure of the Irish Free State/Saorstat Eireann for that year, and, save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the Budget of each year shall be enacted within that year.

ARTICLE 36.

Money shall not be appropriated by vote, resolution or law, unless the purpose of the appropriation has in the same session been recommended by a message from the Representative of the Crown acting on the advice of the Executive Council.

ARTICLE 37.

Every Bill initiated in and passed by the Chamber/Dail Eireann shall be sent to the Senate/Seanad Eireann and may, unless it be a Money Bill, be amended in the Senate/Seanad Eireann and the Chamber/Dail Eireann shall consider any such amendment; but a Bill passed by the Chamber/Dail Eireann and considered by the Senate/Seanad Eireann shall, not later than two hundred and seventy days after it shall have been first sent to the Senate/Seanad, or such longer period as may be agreed upon by the two Houses, be deemed to be passed by both Houses in its form as last passed by the Chamber/Dail; Provided that any Money Bill shall be sent to the Senate/Seanad for its recommendations and at a period not longer than fourteen days after it shall have been sent to the Senate/Seanad, it shall be returned to the Chamber/Dail which may pass it, accepting or rejecting all or any of the recommendations of the Senate/Seanad, and as so passed shall be deemed to have been passed by both Houses. When a Bill other than a Money Bill has been sent to the Senate/Seanad a Joint Sitting of the Members of both Houses may on a resolution passed by the Senate/Seanad be convened for the purpose of debating, but not of voting upon, the proposals of the Bill or any amendment of the same.

ARTICLE 38.

A Bill may be initiated in the Senate/Seanad Eireann and if passed by the Senate/Seanad shall be introduced into the Chamber/Dail Eireann. If amended by the Chamber/Dail the Bill shall be considered as a Bill initiated in the Chamber/Dail. If rejected by the Chamber/Dail it shall not be introduced again in the same session, but the Chamber/Dail may reconsider it on its own motion.

ARTICLE 39.

A Bill passed by either House and accepted by the other House shall be deemed to be passed by both Houses.

ARTICLE 40.

So soon as any Bill shall have been passed or deemed to have been passed by both Houses, the Executive Council shall present the same to the Representative of the Crown for the signification by him, in the King's name, of the King's assent, and such representative may withhold the King's assent or reserve the Bill for the signification of the King's pleasure; Provided that the Representative of the Crown shall in the withholding of such assent to or reservation of any Bill, act in accordance with the law, practice, and constitutional usage governing the like withholding of assent or reservation in the Dominion of Canada.

A Bill reserved for the signification of the King's Pleasure shall not have any force unless and until within one year from the day on which it was presented to the Representative of the Crown for the King's Assent, the Representative of the Crown signifies by speech or message to each of the Houses of the Parliament/Oireachtas, or by proclamation, that it has received the Assent of the King in Council.

An entry of every such speech, message or proclamation shall be made in the Journal of each House and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the Records of the Irish Free State/Saorstat Eireann.

ARTICLE 41.

As soon as may be after any law has received the King's assent, the clerk, or such officer as the Chamber may appoint for the purpose, shall cause two fair copies of such law to be made, one being in the Irish language and the other in the English language (one of which copies shall be signed by the Representative of the Crown to be enrolled for record in the office of such officer of the Supreme Court as the Chamber/Dail Eireann may determine) and such copies shall be conclusive evidence as to the provisions of every such law, and in case of conflict between the two copies so deposited, that signed by the Representative of the Crown shall prevail.

ARTICLE 42.

The Parliament/Oireachtas shall have no power to declare acts to be infringements of the law which were not so at the date of their commission.

ARTICLE 43.

The Parliament/Oireachtas may create subordinate legislatures, but it shall not confer thereon any powers in respect of the Navy, Army or Air Force, alienage or naturalisation, coinage, legal tender, trade marks, designs, merchandise marks, copyright, patent rights, weights and measures, submarine cables, wireless telegraphy, post office, railways, aerial navigation, customs and excise.

ARTICLE 44.

The Parliament/Oireachtas may provide for the establishment of Functional or Vocational Councils representing branches of the social and economic life of the Nation. A law establishing any such Council shall determine its powers, rights and duties, and its relation to the government of the Irish Free State/Saorstat Eireann.

ARTICLE 45.

The Parliament/Oireachtas has the exclusive right to regulate the raising and maintaining of such armed forces as are mentioned in the Scheduled Treaty in the territory of the Irish Free State/Saorstat and every such force shall be subject to the control of the Parliament/Oireachtas.

SECTION II.--LEGISLATIVE PROVISIONS.

E.--REFERENDUM AND INITIATIVE.

ARTICLE 46.

Any Bill passed or deemed to have been passed by both Houses may be suspended for a period of ninety days on the written demand of two-fifths of the members of the Chamber/Dail Eireann or of a majority of the members of the Senate/Seanad Eireann presented to the President of the Executive Council not later than seven days from the day on which such Bill shall have been so passed or deemed to have been so passed. Such a Bill shall be submitted by Referendum to the decision of the people if demanded before the expiration of the ninety days either by a resolution of the Senate/Seanad Eireann assented to by three-fifths of the members of the Senate/Seanad Eireann, or by a petition signed by not less than one-twentieth of the voters then on the register of voters, and the decision of the people on such referendum shall be conclusive. These provisions shall not apply to Money Bills or to such Bills as shall be declared by both Houses to be necessary for the immediate preservation of the public peace, health or safety.

ARTICLE 47.

The Parliament/Oireachtas may provide for the initiation by the people of proposals for laws or constitutional amendments. Should the Parliament/Oireachtas fail to make such provision within two years, it shall on the petition of not less than one hundred thousand voters on the register, of whom not more than twenty thousand shall be voters in any one constituency, either make such provisions or submit the question to the people for decision in accordance with the ordinary regulations governing the Referendum. Any legislation passed by the Parliament/Oireachtas providing for such initiation by the people shall provide (1) that such proposals may be initiated on a petition of fifty thousand voters on the register, (2) that if the Parliament/Oireachtas rejects a proposal so initiated it shall be submitted to the people for decision in accordance with the ordinary regulations governing the Referendum; and (3) that if the Parliament/Oireachtas enacts a proposal so initiated, such enactment shall be subject to the provisions respecting ordinary legislation or amendments of the Constitution as the case may be.

ARTICLE 48.

Save in the case of actual invasion, the Irish Free State/Saorstat Eireann shall not be committed to active participation in any war without the assent of the Parliament/Oireachtas.

ARTICLE 49.

Amendments of this Constitution within the terms of the Scheduled Treaty may be made by the Parliament/Oireachtas but every such amendment must be submitted to a Referendum of the people and shall not be passed unless a majority of the voters on the register record their votes and either a majority of the voters on the register or two-thirds of the votes recorded are in favour of the amendment.

SECTION III.--THE EXECUTIVE.

A.--EXECUTIVE COUNCIL/AIREACHT.

ARTICLE 50.

The Executive Authority of the Irish Free State/Saorstat Eireann is hereby declared to be vested in the King, and shall be exercisable, in accordance with the law, practice and constitutional usage governing the exercise of the executive authority in the case of the Dominion of Canada, by the Representative of the Crown. There shall be a Council to aid and advise in the government of the Irish Free State/Saorstat Eireann to be styled the Executive Council/Aireacht. The Executive Council shall be responsible to the Chamber/Dail Eireann, and shall consist of not more than twelve Ministers/Airi appointed by the Representative of the Crown, of whom four Ministers shall be Members of the Chamber/Dail Eireann and a number not exceeding eight, chosen from all citizens eligible for election to the Chamber/Dail Eireann, who shall not be members of Parliament/Oireachtas during their term of Office, and who, if at the time of their appointment they are members of Parliament/Oireachtas, shall by virtue of such appointment vacate their seats; Provided that the Chamber/Dail Eireann may from time to time on the motion of the President of the Executive Council determine that a particular Minister or Ministers not exceeding three, may be members of Parliament/Oireachtas in addition to the four members of the Chamber/Dail Eireann above mentioned.

ARTICLE 51.

The Ministers who are required to be members of the Chamber/Dail Eireann shall include the President of the Executive Council/Uachtaran and the Vice-President of the Executive Council/Tanaist.

The President of the Executive Council shall be the chief of the Executive Council and shall be appointed on the nomination of the Chamber/Dail, and the Vice-President of the Executive Council and the other Ministers who are members of Parliament/Oireachtas shall be appointed on the nomination of the President of the Executive Council; and he and the Ministers nominated by him shall retire from office should he fail to be supported by a majority in the Chamber/Dail, but the President of the Executive Council and such Ministers shall continue to carry on their duties until their successors are appointed.

ARTICLE 52.

Ministers who are not members of the Parliament/Oireachtas shall be nominated by a Committee of members of the Chamber/Dail Eireann chosen by a method to be determined by the Chamber/Dail so as to be impartially representative of the Chamber/Dail. Such Ministers shall be chosen with due regard to their suitability for office and should as far as possible be generally representative of the Irish Free State/Saorstat Eireann as a whole rather than of groups or of parties. Should a nomination not be acceptable to the Chamber/Dail, the Committee shall continue to propose names until one is found acceptable.

ARTICLE 53.

Each Minister not a member of the Parliament/Oireachtas shall be the responsible head of the Executive Department or Departments as head of which he has been appointed as aforesaid; Provided that should arrangements for Functional or Vocational Councils be made by the Parliament/Oireachtas these Ministers or any of them may, should the Parliament/Oireachtas so decide, be members of and be nominated on the advice of such Councils. The term of office of any such Minister shall be the term of the Chamber/Dail Eireann existing at the time of his appointment or such other period as may be fixed by law, but he shall continue in office until his successor shall have been appointed: and no such Minister shall be removed from Office during his term unless the proposal to remove him has been previously submitted to a Committee chosen by a method to be determined by the Chamber/Dail so as to be impartially representative of the Chamber/Dail and then only if the Committee shall have reported that such Minister has been guilty of malfeasance in office or has not been performing his duties in a competent and satisfactory manner, or has failed to carry out the lawfully-expressed will of Parliament/Oireachtas.

ARTICLE 54.

The Ministers who are members of the Parliament/Oireachtas shall alone be responsible for all matters relating to external affairs whether policy, negotiations, or executive acts. Subject to the foregoing provisions, the Executive Council shall meet and act as a collective authority: Provided, however, that each Minister shall be individually responsible to the Chamber/Dail Eireann for the administration of the Department or Departments of which he is head.

ARTICLE 55.

Ministers who are not members of the Chamber/Dail Eireann shall by virtue of their office possess all the rights and privileges of a member of the Chamber/Dail except the right to vote, and shall, if not members of the Parliament/Oireachtas, comply with the provisions of Article 17 as if they were members of the Chamber/Dail, and may be required by the Chamber/Dail to attend and answer questions.

ARTICLE 56.

Should the President of the Executive Council die, resign or be permanently incapacitated, the Vice-President of the Executive Council shall act in his place until a President of the Executive Council shall be elected. The Vice-President of the Executive Council shall also act in the place of the President of the Executive Council during his temporary absence.

ARTICLE 57.

The members of the Executive Council shall receive such remuneration as may from time to time be prescribed by law, but the remuneration of any Minister shall not be diminished during his term of office.

ARTICLE 58.

The Representative of the Crown, who shall be styled the Governor-General of the Irish Free State, shall be appointed in like manner as the Governor-General of Canada and in accordance with the practice observed in the making of such appointments. The salary of the Governor-General of the Irish Free State shall be of the like amount as that now payable to the Governor-General of the Commonwealth of Australia and shall be charged on the public funds of the Irish Free State/Saorstat Eireann and suitable provision shall be made out of those funds for the maintenance of his official residence and establishment.

ARTICLE 59.

The Executive Council shall prepare the Budget of receipts and expenditure of the Irish Free State/Saorstat Eireann for each financial year and shall present it to the Chamber/Dail Eireann before the close of the previous financial year.

SECTION III.--THE EXECUTIVE.

B.--FINANCIAL CONTROL.

ARTICLE 60.

All revenues of the Irish Free State/Saorstat Eireann from whatever source arising, shall, subject to such exception as may be provided by law, form one fund, and shall be appropriated for the purposes of the Irish Free State/Saorstat Eireann in the manner and subject to the charges and liabilities imposed by law.

ARTICLE 61.

The Chamber/Dail Eireann shall appoint a Comptroller and Auditor-General to act on behalf of the Irish Free State/Saorstat Eireann. He shall control all disbursements and shall audit all accounts of moneys administered by or under the authority of the Parliament/Oireachtas and shall report to the Chamber/Dail at stated periods to be determined by law.

ARTICLE 62.

The Comptroller and Auditor-General shall not be removed except for stated misbehaviour or incapacity on resolutions passed by the Chamber/Dail Eireann and the Senate/Seanad Eireann. Subject to this provision the terms and conditions of his tenure of office shall be fixed by law. He shall not be a member of the Parliament/Oireachtas nor shall he hold any other office or position of emolument.

SECTION IV.--THE JUDICIARY.

ARTICLE 63.

The judicial power of the Irish Free State/Saorstat Eireann shall be exercised and justice administered in the public Courts established by Parliament/Oireachtas by judges appointed in manner hereinafter provided. These Courts shall comprise Courts of First Instance and a Court of Final Appeal to be called the Supreme Court (Cuirt Uachtarach). The Courts of First Instance shall include a High Court (Ard Chuirt), invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal, and also Courts of local and limited jurisdiction with a right of appeal as determined by law.

ARTICLE 64.

The judicial power of the High Court shall extend to the question of the validity of any law having regard to the provisions of the Constitution. In all cases in which such matters shall come into question, the High Court alone shall exercise original jurisdiction.

ARTICLE 65.

The Supreme Court of the Irish Free State/Saorstat Eireann shall, with such exceptions (not including cases which involve questions as to the validity of any law) and subject to such regulations as may be prescribed by law, have appellate jurisdiction from all decisions of the High Court. The decision of the Supreme Court shall in all cases be final and conclusive, and shall not be reviewed or capable of being reviewed by any other Court, Tribunal or Authority whatsoever.

Provided that nothing in this Constitution shall impair the right of any person to petition His Majesty for special leave to appeal from the Supreme Court to His Majesty in Council or the right of His Majesty to grant such leave.

ARTICLE 66.

The number of judges, the constitution and organisation of, and distribution of business and jurisdiction among, the said Courts and judges, and all matters of procedure shall be as prescribed by the laws for the time being in force and the regulations made thereunder.

ARTICLE 67.

The judges of the Supreme Court and of the High Court and of all other Courts established in pursuance of this Constitution shall be appointed by the Representative of the Crown on the advice of the Executive Council. The Judges of the Supreme Court and of the High Court shall not be removed except for stated misbehaviour or incapacity, and then only by resolutions passed by both the Chamber/Dail Eireann and the Senate/Seanad Eireann. The age of retirement, the remuneration and the pension of such judges on retirement and the declarations to be taken by them on appointment shall be prescribed by law. Such remuneration may not be diminished during their continuance in office. The terms of appointment of the judges of such other courts as may be created shall be prescribed by law.

ARTICLE 68.

All judges shall be independent in the exercise of their functions, and subject only to the Constitution and the law. A judge shall not be eligible to sit in Parliament/Oireachtas, and shall not hold any other office or position of emolument.

ARTICLE 69.

No one shall be tried save in due course of law and extraordinary courts shall not be established. The jurisdiction of Courts Martial shall not be extended to or exercised over the civil population save in time of war, and for acts committed in time of war, and in accordance with the regulations to be prescribed by law. Such jurisdiction shall not be exercised in any area in which the civil courts are open or capable of being held, and no person shall be removed from one area to another for the purpose of creating such jurisdiction.

ARTICLE 70.

A member of the armed forces of the Irish Free State/Saorstat Eireann not on active service shall not be tried by any Court Martial for an offence cognisable by the Civil Courts.

ARTICLE 71.

No person shall, save in case of summary jurisdiction prescribed by law for minor offences, be tried without a jury on any criminal charge.

SECTION V.--TRANSITORY PROVISIONS.

ARTICLE 72.

Subject to this Constitution and to the extent to which they are not inconsistent therewith, the laws in force in the Irish Free State/Saorstat Eireann at the date of the coming into operation of this Constitution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended by enactment of the Parliament/Oireachtas.

ARTICLE 73.