User:Jnestorius/Enrolment of Bunreacht

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List[edit]

Six enrolments of the Constitution:[1]

  1. 18 Feb 1938 pursuant to Art 63 JSTOR 44027854, p.169
  2. 25 Mar 1942 pursuant to Art 25.5 added by 2nd Amdmt JSTOR 44027854, p.170 ; also oireachtas 1945
  3. 24 Dec 1980 pursuant to Art 25.5 JSTOR 44027854, p.170
  4. 23 Mar 1990 pursuant to Art 25.5 CAIN 1999 Bunreacht printing
  5. 27 May 1999 pursuant to Art 25.5[2]
  6. 13 Nov 2019 irishstatutebook August 2022

Process[edit]

The Department of the Taoiseach prepares a loose-leaf consolidated text. The Taoiseach, Chief Justice, and President initial each page and sign (?and presumably seal) the whole (on the first or last page?). The President signs last; in 2019 his signature was at a ceremony in Áras an Uachtaráin on 4 November in the presence of the Taoiseach and Chief Justice, and with the five previous enrolled versions on display. The Department of the Taoiseach retained custody of the signed text until the completion of preparations for its formal enrolment, which occurred at the Four Courts on 13 November when the Secretary General of the Department of the Taoiseach formally handed it over to the Registrar of the Supreme Court in the presence of the Chief Justice.[1]

Constitutional provisions[edit]

Art 63[edit]

  • A copy of this Constitution signed by the Taoiseach, the Chief Justice, and the Chairman of Dáil Éireann shall be enrolled for record in the office of the Registrar of the Supreme Court, and such signed copy shall be conclusive evidence of the provisions of this Constitution. In case of conflict between the Irish and the English texts, the Irish text shall prevail.


Art 25.5[edit]

As in force:

  • 1° It shall be lawful for the Taoiseach, from time to time as occasion appears to him to require, to cause to be prepared under his supervision a text (in both the official languages) of this Constitution as then in force embodying all amendments theretofore made therein.
  • 2° A copy of every text so prepared, when authenticated by the signatures of the Taoiseach and the Chief Justice, shall be signed by the President and shall be enrolled for record in the office of the Registrar of the Supreme Court.
  • 3° The copy so signed and enrolled which is for the time being the latest text so prepared shall, upon such enrolment, be conclusive evidence of this Constitution as at the date of such enrolment and shall for that purpose supersede all texts of this Constitution of which copies were previously so enrolled.
  • 4° In case of conflict between the texts of any copy of this Constitution enrolled under this section, the text in the national language shall prevail.

Second Amendment of the Constitution of Ireland

as introduced:

  • 1° It shall be lawful for the Taoiseach, from time to time as occasion appears to him to require, to cause to be prepared under his supervision a text (in both the official languages) of this Constitution as then in force having regard to all amendments theretofore made therein.
  • 2° A copy of every text so prepared shall be signed by the President and countersigned by the Taoiseach and the Chief Justice and, when so signed and countersigned, shall be enrolled for record in the office of the Registrar of the Supreme Court.
  • 3° The copy so signed, countersigned, and enrolled which is for the time being the latest text so prepared shall, upon such enrolment, be conclusive evidence of this Constitution and shall for that purpose supersede all texts of this Constitution of which copies were previously so enrolled.
  • 4° In case of conflict between the texts of any copy of this Constitution enrolled under this section, the text in the national language shall prevail.

Debates on bill:

  • 1941-04-24 Dáil Cttee Reference No. 12; amendments 26 (nay) 27 (not moved) 28 (not moved) 29 (withdrawn)
  • 1941-05-01 Dáil Report amendments 1 (agreed) 2 (agreed) 3 (not moved) 4 (agreed)
  • 1941-05-21 Seanad Cttee skips from "References Nos. 5 and 6 agreed to" to "Reference Nos. 15 to 21, inclusive, agreed to" with intermediate mention of reference numbers 7, 8, 10, 11; most likely "Reference Nos. 7 to 14, inclusive, agreed to" was omitted in error.

References[edit]

  1. ^ a b Supreme Court of Ireland (2020). "Sixth enrolment of the Constitution". Annual Report 2019 (PDF). Dublin. pp. 50–52. Retrieved 13 August 2022.{{cite book}}: CS1 maint: location missing publisher (link)
  2. ^ "Bunreacht [archived December 2019]". irishstatutebook. Internet Archive. December 2018. Retrieved 13 August 2022.