The Irish Constitution: Explained by Darrell FiggisFiggis, Darrell
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The Irish Constitution: Explained by Darrell Figgis
Figgis, Darrell
Ireland -- Politics and government -- 1922-1949
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them shall have been repealed or amended by enactment of the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.
Until Courts have been established for the Irish Free State/Saorstat
Eireann in accordance with this Constitution, the Supreme Court of
Judicature, County Courts, Courts of Quarter Sessions and Courts of
Summary Jurisdiction, as at present existing, shall for the time being
continue to exercise the same jurisdiction as heretofore, and any judge or
justice, being a member of any such Court, holding office at the time when
this Constitution comes into operation, shall for the time being continue
to be a member thereof and hold office by the like tenure and upon the
like terms as heretofore, unless, in the case of a judge of the said
Supreme Court or of a County Court, he signifies to the Representative of
the Crown his desire to resign. Any vacancies in any of the said Courts so
continued may be filled by appointment made in like manner as appointments
to judgeships in the Courts established under this Constitution.
Provided that the provisions of Article 65 as to the decisions of the
Supreme Court established under this Constitution shall apply to decisions
of the Court of Appeal continued by this Article.
ARTICLE 74.
If any judge of the said Supreme Court of Judicature or of any of the said
County Courts resigns as aforesaid, or if any such judge, on the
establishment of Courts under this Constitution, is not with his consent
appointed to be a judge of any such Court, he shall, for the purpose of
Article 10 of the Scheduled Treaty, be treated as if he had retired in
consequence of the change of Government effected in pursuance of the said
Treaty, but the rights so conferred shall be without prejudice to any
rights or claims that he may have against the British Government.
ARTICLE 75.
Public-domain text, read in full here on John Shaqi.
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