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First Amendment of the Constitution Act, 1939.

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FIRST AMENDMENT OF THE CONSTITUTION ACT, 1939.


ARRANGEMENT OF SECTIONS

Section

1.

Enactment of the Amendment.

2.

Citation.

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FIRST AMENDMENT OF THE CONSTITUTION ACT, 1939.


AN ACT TO AMEND THE CONSTITUTION. [2nd September, 1939.]

WHEREAS by virtue of Article 46 of the Constitution any provision of the Constitution may be amended in the manner provided by that Article:

AND WHEREAS it is provided by Article 51 of the Constitution that any of the provisions of the Constitution may, subject as thereinafter provided, be amended by the Oireachtas within a period of three years after the date on which the first President shall have entered upon his office:

AND WHEREAS the first President entered upon his office on the 25th day of June, 1938:

AND WHEREAS sub-section 3° of section 3 of Article 28 of the Constitution is as follows:—

“3°. Nothing in this Constitution shall be invoked to invalidate any law enacted by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in pursuance of any such law.”

AND WHEREAS it is proposed that the Constitution be amended by inserting the following words at the end of and as part of sub-section 3° of section 3 of Article 28, that is to say:—

“In this sub-section ‘time of war’ includes a time when there is taking place an armed conflict in which the State is not a participant but in respect of which each of the Houses of the Oireachtas shall have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State.”:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—