Language and Art 25.4.6

Procrastastudy

When a bill is promulgated into law, if it is in both languages and there is a conflict between the two the Irish version takes precedence under Art 25.4.6 - does anyone know if there is a conflict between the Irish and English versions in the constitution which one takes priority?

Same.

Procrastastudy

Can you point me in the direction of any authority on this? I would be most grateful. Sorry if I've missed a blindingly obvious article in BnaE other than Art8

BornToKill

Article 8 of the constitution:

"1. The Irish language as the national language is the first official language.

2. The English language is recognised as a second official language"

Procrastastudy

Thank you for the responses but other than Article 8?

Budd J is your source here:

Both texts of the Constitution are authoritative. It is not to be thought that those who framed or enacted the Constitution would knowingly do anything so absurd as to frame or enact texts with different meanings in parts. It could only happen by inadvertence. It would seem to follow as a matter of common-sense that one should not approach the elucidation of the meaning of either text with a view to seeking a conflict, but rather with a view to seeing if they can properly be reconciled. I say “properly” advisedly, because if in fact the words used are not in a form really found to correspond the Irish text must prevail. The view I have formed derived from the context is thus also conformable with the view that one should not impute to those who framed or enacted the Constitution that they perpetrated an inconsistency in the texts.

From O'Donovan -v- AG [1961] IR 114 approved by Supreme Court in Re Art 26 and the Electoral (Amendment) Bill 1961 [1961] IR 169

However McCarthy J in AG -v- X [1992] 1 IR 1 stated that:

Despite the fact that there have been instances of the courts adverting to the Irish text in order to construe that in English, the debate on this being conducted in English, I have some difficulty in identifying the conflict referred to in Article 25, s5, sub-s 4 as the circumstance under which the Irish text shall prevail. Historically, the Irish text is a translation of that in English.

Don't copy any of this for an assignment as it is lifted straight from Kelly's book.

Edit: idiotic post in the light of day

Procrastastudy

Thanks very much I knew the Irish prevailed but I couldn't remember where from. To be fair you've gone into much more detail than did during last semester - I'll dig out Kelly as it'll get me a brownie point for a defamation question I'm sure.

Just in case anyone is remotely interested it regarding dea-chlu direct translation to "good reputation; good name, honour" which would seem to allow some distinction of some of the ECtHR's rulings in regards to balancing Arts 8 and 10 of the ECHR.

I'm probably barking up the wrong tree as usual but cheers for the info.

dermot_sheehan

Art. 25.5.4?

Procrastastudy

dermot_sheehan wrote: »

Art. 25.5.4?

Okay now I'm totally confused 25.4.6 make sense in that if refers to bills under art 25 what is 25.5.4 referring to when it says:

In the case of conflict between the texts of any copy of this constitution enrolled under this section the text in the national...

I thought I liked con law

Edit it must mean a bill refering to an art in BnaE?

DOH its getting late I just realised my silly error TY Dermot