seamus dubhghaill

Promoting Irish Culture and History from Little Rock, Arkansas, USA


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The First Amendment of the Constitution of Ireland

constitution-of-irelandThe First Amendment of the Constitution Act 1939 amends the Constitution of Ireland to extend the constitutional definition of “time of war” to include a period during which a war occurs without the state itself being a direct participant. It is introduced and signed into law on September 2, 1939, the day after the Invasion of Poland by Germany and allows the government to exercise emergency powers during World War II, known in Ireland as The Emergency, although the state is neutral.

Article 28.3.3° of the Constitution grants the state sweeping powers during a state of emergency, but in the form in which the article is adopted in 1937, they can be invoked only during a “time of war or armed rebellion.” The First Amendment specifies that “time of war” can include an armed conflict in which the state is not actually taking part.

The amendment is introduced by the Fianna Fáil government of Éamon de Valera on September 2, 1939, and passes swiftly through both houses of the Oireachtas. Unlike later amendments, the First and Second Amendments are not submitted to a referendum because under the terms of Article 51, one of the Transitory Provisions of the Constitution, the Constitution can be amended by a vote of the Oireachtas alone from 1938 to 1941.

The First Amendment is passed only in English. This creates a constitutional difficulty, as the Irish text of the Constitution has legal precedence. The error is rectified by the Second Amendment, passed in 1941, which includes in its provisions, at Reference No. 21, the Irish text of the First Amendment.

The Emergency Powers Act 1939 is passed and signed on the same day as the First Amendment. Further Acts are passed over the course of World War II. The Emergency Powers Act 1976 is passed in response to The Troubles.

Article 28.3.3º is amended on two further occasions. The Second Amendment, passed in 1941, also under Article 51, clarifies that emergency provisions must be within the time of war or armed rebellion itself and add a clause at the end of the last sentence, which specifies that a “time of war” can extend beyond the termination of hostilities. The Twenty-first Amendment, passed in 2001, prohibits the use of the death penalty in a new subsection in Article 15.5.2º, and provides that the emergency provisions of the Constitution cannot be used to allow the death penalty.


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Éamon de Valera Elected 3rd President of Ireland

president-eamon-de-valeraThe 1959 Irish presidential election is held on June 17, 1959. Éamon de Valera, then Taoiseach, is elected as President of Ireland. A referendum proposed by de Valera to replace the electoral system of proportional representation by means of the single transferable vote with first-past-the-post voting which is held on the same day is defeated by 48.2% to 52.8%.

Under Article 12 of the Constitution of Ireland, a candidate for president may be nominated by:

  • at least twenty of the then 207 serving members of the Houses of the Oireachtas, or
  • at least four of 31 councils of the administrative counties, including county boroughs, or
  • themselves, in the case of a former or retiring president.

Outgoing president Seán T. O’Kelly had served two terms, and is ineligible to serve again. On April 27, the Minister for Local Government, Neal Blaney, signs the ministerial order opening nominations, with noon on May 19 as the deadline for nominations, and June 17 set as the date for a contest. All Irish citizens on the Dáil electoral register are eligible to vote.

De Valera who had served as President of Dáil Éireann and President of the Irish Republic from 1919 to 1922 during the Irish revolutionary period, as President of the Executive Council of the Irish Free State from 1932 to 1937, and as Taoiseach from 1937 to 1948, from 1951 to 1954, and again from 1957 until his election as president, is nominated by Fianna Fáil on May 12. He had served as Fianna Fáil’s leader since its foundation in 1926.

Seán Mac Eoin, a Fine Gael TD who had been the party’s candidate in the 1945 Irish presidential election, is nominated again by the party on May 15.

Patrick McCartan, who had also been a candidate in the 1945 election and had served as a senator for Clann na Poblachta from 1948 to 1951, is nominated by two county councils only, short of the four required for nomination. Eoin O’Mahony also seeks and fails to secure a nomination by county councils.

De Valera wins the popular vote with 538,003 votes (56.3%) to Mac Eoin’s 417,536 votes (43.7%).

Éamon de Valera is inaugurated as the third President of Ireland on June 25, 1959.


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Birth of Kathleen Clarke, Founder Member of Cumann na mBan

kathleen-clarke-1Kathleen Clarke (née Daly), a founder member of Cumann na mBan, and one of very few privy to the plans of the Easter Rising in 1916, is born in Limerick, County Limerick on April 11, 1878. She is the wife of Tom Clarke and sister of Edward “Ned” Daly, both of whom are executed for their part in the Rising. She is subsequently a Teachta Dála (TD) and senator with both Sinn Féin and Fianna Fáil, and the first female Lord Mayor of Dublin (1939–41).

Kathleen Daly is born into a prominent Fenian family, the third daughter of Edward and Catherine Daly. Her paternal uncle, John Daly, is at the time imprisoned for his political activities in Chatham and Portland Prisons in England. He is released in 1896 and returns home to Limerick. When Tom Clarke, who had been imprisoned with her uncle, is released in 1898 he travels to Limerick to receive the Freedom of the City and stays with the Daly family.

In 1901 Daly decides to emigrate to the United States to join Tom, who had been there since 1900, having secured work through his Fenian contacts. They marry on July 16, 1901 in New York City. Through his contacts in the Clan na Gael and the Irish Republican Brotherhood (IRB), Tom Clarke continues to be involved in nationalist activity. Kathleen joins the Gaelic League while in the United States and they return to Ireland in November 1907.

In 1914 Clarke becomes a founder member of Cumann na mBan. Her husband forbids her permission to take an active part in the 1916 Easter Rising as she has orders regardless of how the events pan out. As Tom Clarke is the first signatory of the Proclamation of the Irish Republic he is chosen to be executed for his part in the Easter Rising. Her younger brother, Ned Daly, is also executed for taking part in the rising. She visits both of them before they are executed. After the Rising, Michael Collins establishes contact with her while in prison in his attempts to re-build the IRB network. She also sets up the Irish National Aid Fund to aid those who had family members killed or imprisoned as a result of the Easter Rising, closely aided by Sorcha MacMahon.

Clarke becomes a member of Sinn Féin and in 1917 is elected a member of the party’s Executive. During the German Plot she is arrested and imprisoned in Holloway Prison for eleven months. During the Irish War of Independence she serves as a District Judge on the Republican Courts in Dublin. In 1919 she is elected as an Alderman for the Wood Quay and Mountjoy Wards of Dublin Corporation and serves until the Corporation is abolished in 1925.

Clarke is elected unopposed as a Sinn Féin TD to the Second Dáil at the 1921 elections for the Dublin Mid constituency. She is not re-elected at the 1922 general election, however, and supports the Anti-Treaty forces during the Irish Civil War. In 1926 she becomes a founder member of Fianna Fáil and has to resign from Cumann na mBan. She is re-elected to the short-lived 5th Dáil at the June 1927 election as a Fianna Fáil member for the Dublin Mid constituency but loses her seat at the September 1927 election and does not regain it. She is elected as one of six Fianna Fáil Senators to the Free State Seanad for nine years at the 1928 Seanad election under the leadership of Joseph Connolly. She remains a member of the Seanad until it is abolished in 1936.

In 1930 Clarke is elected to the re-constituted Dublin Corporation for Fianna Fáil along with Robert Briscoe, Seán T. O’Kelly, Thomas Kelly and Oscar Traynor. She serves as the first Fianna Fáil Lord Mayor of Dublin as well as the first female Lord Mayor, from 1939 to 1941. She opposes the Constitution of Ireland as she feels that several of its sections would place women in a lower position that they had been afforded in the Proclamation of the Irish Republic. She is criticised by many in the Fianna Fáil organisation as a result and, while she resigns from the Thomas Clarke Cumann, she remains a member of the Fianna Fáil Ard Chomhairle.

While Clarke does not support the Irish Republican Army (IRA) bombing in England during World War II, she appeals for those sentenced to death by the Irish Government to be given clemency. Ultimately this leads to her breaking with the party completely after her term as Lord Mayor finishes in 1941. She declines to stand as a Fianna Fáil candidate at the 1943 general election.

In 1966, as part of the celebrations of the Easter Rising, Clarke and other surviving relatives are awarded honorary doctorates of law by the National University of Ireland. Following her death in Dublin on September 29, 1972, she receives the rare honour of a state funeral. She is buried at Deans Grange Cemetery, Dublin.


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The Constitution of Ireland Comes Into Force

constitution-of-ireland-1937The Constitution of Ireland, the second constitution of the Irish state since independence, comes into force on December 29, 1937 following a statewide plebiscite held on July 1, 1937, replacing the 1922 Constitution of the Irish Free State. It asserts the national sovereignty of the Irish people. The constitution falls broadly within the tradition of liberal democracy, being based on a system of representative democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliament based on the Westminster system, a separation of powers and judicial review. The Constitution may be amended solely by a national referendum.

The Constitution of Ireland replaces the Constitution of the Irish Free State which had been in effect since the independence, as a dominion, of the Irish state from the United Kingdom on December 6, 1922. There are two main motivations for replacing the constitution in 1937. Firstly, the Statute of Westminster 1931 grants parliamentary autonomy to the six British Dominions (now known as Commonwealth realms) within a British Commonwealth of Nations. This has the effect of making the dominions sovereign nations in their own right. The Irish Free State constitution of 1922 is, in the eyes of many, associated with the controversial Anglo-Irish Treaty. The anti-treaty faction, who oppose the treaty initially by force of arms, is so opposed to the institutions of the new Irish Free State that it initially takes an abstentionist line toward them, boycotting them altogether. However, the largest element of this faction becomes convinced that abstentionism cannot be maintained forever. This element, led by Éamon de Valera, forms the Fianna Fáil party in 1926, which enters into government following the 1932 Irish general election.

After 1932, under the provisions of the Statute of Westminster, some of the articles of the original Constitution which were required by the Anglo-Irish Treaty are dismantled by acts of the Oireachtas of the Irish Free State. Such amendments remove references to the Oath of Allegiance, appeals to the United Kingdom’s Judicial Committee of the Privy Council, the British Crown and the Governor-General of the Irish Free State. The sudden abdication of Edward VIII in December 1936 is quickly used to redefine the Royal connection. Nevertheless, the Fianna Fáil government still desires to replace the constitutional document they see as having been imposed by the British government in 1922.

The second motive for replacing the original constitution is primarily symbolic. De Valera wants to put an Irish stamp on the institutions of government, and chooses to do this in particular through the use of Irish Gaelic nomenclature.

The text of the draft constitution, with minor amendments, is approved on June 14, 1937 by Dáil Éireann, then the sole house of parliament as the Seanad had been abolished the previous year.

The draft constitution is then put to a plebiscite on July 1, 1937, the same day as the 1937 Irish general election, when it is passed by a plurality of 56% of the voters, comprising 38.6% of the whole electorate. The constitution formally comes into force on December 29, 1937.

Among the groups who oppose the constitution are supporters of Fine Gael and the Labour Party, Unionists, and some independents and feminists. The Seal of the President of Ireland is also adopted in the same year. Ireland does not become a republic until 1948.

(Pictured: Headline from The New York Times, May 1, 1937)


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President McAleese & Queen Elizabeth II Meet in Belfast

mcaleese-and-queen-elizabethPresident of Ireland Mary McAleese and Queen Elizabeth II shake hands on Northern Ireland soil for the first time on December 9, 2005 — a symbolic milestone following years of peacemaking in this long-disputed British territory.

The British monarch and the Republic of Ireland‘s head of state chat and pose together at Hillsborough Castle, outside Belfast, for an occasion that would have provoked hostility within Northern Ireland’s Protestant majority just a few years earlier. But their trouble-free meeting becomes inevitable once Ireland dropped its territorial claim to Northern Ireland as part of the landmark Good Friday Agreement peace accord of 1998. The visit also fuels speculation the queen could soon make her first official visit to the neighboring Republic of Ireland, where the Irish Republican Army assassinated Lord Louis Mountbatten, the uncle of her husband, Prince Philip, Duke of Edinburgh.

No British monarch has visited the territory of the modern-day Republic of Ireland since George V visited Dublin in 1911, a decade before the island’s partition into a mostly Protestant north that remains within the United Kingdom, and a predominantly Catholic rest of Ireland that gradually gains full independence from Britain.

Camera crews are allowed to film the moment, but not record the sound, when McAleese shakes the queen’s hand at the start of a 20-minute meeting, their fourth since 1998. Previous meetings occurred at Buckingham Palace and on a World War I battlefield site. McAleese later calls it “a very special day for Anglo-Irish relationships” that brings forward the day when the queen will visit the Irish Republic.

McAleese, a Belfast-born Catholic, had made scores of visits to Northern Ireland since being elected to the Irish Republic’s largely symbolic presidency in 1997. As part of her presidential theme of “building bridges,” she regularly invites Protestant groups to her official Dublin mansion and has built impressive diplomatic contacts with northern Protestants.

Before McAleese’s arrival, visits north by an Irish president were rare events that drew public protests from Protestants, who demanded that Ireland remove its territorial claim from its 1937 constitution. The republic’s voters overwhelmingly supported this in a May 1998 referendum, an action completed in December 1999.

The queen has avoided traveling to the Irish Republic, in part, because of security fears following the IRA assassination of Mountbatten in August 1979. He, his daughter-in-law and two teenage boys are killed when the IRA blows up his private boat near his castle in County Sligo. However, Prince Philip and their son, Prince Charles, make several visits to the Irish Republic in the decade following the IRA’s 1994 cease-fire.


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Death of Kathleen Clarke, Founder of Cumann na mBan

kathleen-clarkeKathleen Clarke (née Daly), a founder member of Cumann na mBan, and one of very few privy to the plans of the Easter Rising in 1916, dies in Dublin on September 29, 1972. She is the wife of Tom Clarke and sister of Edward “Ned” Daly, both of whom are executed for their part in the Rising. She is subsequently a Teachta Dála (TD) and senator with both Sinn Féin and Fianna Fáil, and the first female Lord Mayor of Dublin (1939–41).

Kathleen Daly is born into a prominent Fenian family in Limerick on April 11, 1878, the third daughter of Edward and Catherine Daly. Her paternal uncle, John Daly, is at the time imprisoned for his political activities in Chatham and Portland Prisons in England. He is released in 1896 and returns home to Limerick. When Tom Clarke, who had been imprisoned with her uncle, is released in 1898 he travels to Limerick to receive the Freedom of the City and stays with the Daly family.

In 1901 Daly decides to emigrate to the United States to join Tom, who had been there since 1900, having secured work through his Fenian contacts. They marry on July 16, 1901 in New York City. Through his contacts in the Clan na Gael and the Irish Republican Brotherhood (IRB), Tom Clarke continues to be involved in nationalist activity. Kathleen joins the Gaelic League while in the United States and they return to Ireland in November 1907.

In 1914 Clarke becomes a founder member of Cumann na mBan. Her husband forbids her permission to take an active part in the 1916 Easter Rising as she has orders regardless of how the events pan out. As Tom Clarke is the first signatory of the Proclamation of the Irish Republic he is chosen to be executed for his part in the Easter Rising. Her younger brother, Ned Daly, is also executed for taking part in the rising. She visits both of them before they are executed. After the Rising, Michael Collins establishes contact with her while in prison in his attempts to re-build the IRB network. She also sets up the Irish National Aid Fund to aid those who had family members killed or imprisoned as a result of the Easter Rising, closely aided by Sorcha MacMahon.

Clarke becomes a member of Sinn Féin and in 1917 is elected a member of the party’s Executive. During the German Plot she is arrested and imprisoned in Holloway Prison for eleven months. During the Irish War of Independence she serves as a District Judge on the Republican Courts in Dublin. In 1919 she is elected as an Alderman for the Wood Quay and Mountjoy Wards of Dublin Corporation and serves until the Corporation is abolished in 1925.

Clarke is elected unopposed as a Sinn Féin TD to the Second Dáil at the 1921 elections for the Dublin Mid constituency. She is not re-elected at the 1922 general election, however, and supports the Anti-Treaty forces during the Irish Civil War. In 1926 she becomes a founder member of Fianna Fáil and has to resign from Cumann na mBan. She is re-elected to the short-lived 5th Dáil at the June 1927 election as a Fianna Fáil member for the Dublin Mid constituency but loses her seat at the September 1927 election and does not regain it. She is elected as one of six Fianna Fáil Senators to the Free State Seanad for nine years at the 1928 Seanad election under the leadership of Joseph Connolly. She remains a member of the Seanad until it is abolished in 1936.

In 1930 Clarke is elected to the re-constituted Dublin Corporation for Fianna Fáil along with Robert Briscoe, Seán T. O’Kelly, Thomas Kelly and Oscar Traynor. She serves as the first Fianna Fáil Lord Mayor of Dublin as well as the first female Lord Mayor, from 1939 to 1941. She opposes the Constitution of Ireland as she feels that several of its sections would place women in a lower position that they had been afforded in the Proclamation of the Irish Republic. She is criticised by many in the Fianna Fáil organisation as a result and, while she resigns from the Thomas Clarke Cumann, she remains a member of the Fianna Fáil Ard Chomhairle.

While Clarke does not support the Irish Republican Army (IRA) bombing in England during World War II, she appeals for those sentenced to death by the Irish Government to be given clemency. Ultimately this leads to her breaking with the party completely after her term as Lord Mayor finishes in 1941. She declines to stand as a Fianna Fáil candidate at the 1943 general election.

In 1966, as part of the celebrations of the Easter Rising, Clarke and other surviving relatives are awarded honorary doctorates of law by the National University of Ireland. Following her death on September 29, 1972, she receives the rare honour of a state funeral. She is buried at Deans Grange Cemetery, Dublin.


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The Last Execution in the Republic of Ireland

michael-manningMichael Manning, Irish murderer, becomes the twenty-ninth and last person to be executed in the Republic of Ireland on April 20, 1954.

Manning, a 25-year-old carter from Johnsgate in Limerick, County Limerick, is found guilty of the rape and murder of Catherine Cooper, a 65-year-old nurse who works at Barrington’s Hospital in the city, in February 1954. Nurse Cooper’s body is discovered on November 18, 1953 in the quarry under the New Castle, Dublin Road, Castletroy. She is found to have choked on grass stuffed into her mouth to keep her from screaming during the committal of the crime.

Manning expresses remorse at the crime which he does not deny. By his own account, he is making his way home on foot after a day’s drinking in The Black Swan, Annacotty when he sees a woman he does not recognise walking alone. “I suddenly lost my head and jumped on the woman and remember no more until the lights of a car shone on me.” He flees at this point but is arrested within hours, after his distinctive hat is found at the scene of the crime.

Although Manning makes an impassioned plea for clemency in a letter to Minister for Justice Gerald Boland, his request is denied despite it also being supported by Nurse Cooper’s family. The execution by hanging is duly carried out on April 20, 1954 in Mountjoy Prison, Dublin by Albert Pierrepoint, who has traveled from Britain where he is one of three Senior Executioners.

Frank Prendergast, subsequently Teachta Dála (TD) for Limerick East who knew Manning well, recalls later, “Friends of mine who worked with me, I was serving my time at the time, went up to visit him on the Sunday before he was hanged. And they went to Mass and Holy Communion together and they played a game of handball that day. He couldn’t have been more normal.”

Manning leaves a wife who is pregnant at the time of the murder. His body is buried in an unmarked grave in a yard at Mountjoy Prison.

The death penalty is abolished in 1964 for all but the murder of gardaí, diplomats and prison officers. It is abolished by statute for these remaining offences in 1990 and is finally expunged from the Constitution of Ireland by approval by referendum of the Twenty-First Amendment on June 7, 2001.

The hanging of Michael Manning inspires a play by Ciaran Creagh. Creagh’s father, Timothy, is one of the two prison officers who stays with Michael Manning on his last night and Last Call is loosely based on what happened. It is shown in Mountjoy Prison’s theatre for three nights in June 2006.


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Establishment of the Irish Free State

free-state-executive-councilThe Irish Free State (Irish: Saorstát Éireann), an independent state established under the Anglo-Irish Treaty of December 1921, comes into being on December 6, 1922. The treaty ends the three-year Irish War of Independence between the forces of the self-proclaimed Irish Republic, the Irish Republican Army (IRA), and British Crown forces.

The Free State is established as a Dominion of the British Commonwealth of Nations. For one day, it encompasses all thirty-two counties of Ireland. Northern Ireland, which is comprised of the six northernmost counties, exercises its right under the Treaty to opt out of the new state on December 7.

The Free State government consists of the Governor-General, the representative of the king, and the Executive Council, which replaces both the revolutionary Dáil Government and the Provisional Government set up under the Treaty. W. T. Cosgrave, who had led both of these governments since August 1922, becomes the first President of the Executive Council. The legislature consists of Dáil Éireann, the lower house, and Seanad Éireann, also known as the Senate. Members of the Dáil are required to take an Oath of Allegiance, swearing fidelity to the king. The oath is a key issue for opponents of the Treaty, who refuse to take the oath and therefore do not take their seats. Pro-Treaty members, who form Cumann na nGaedheal in 1923, hold an effective majority in the Dáil from 1922 to 1927, and thereafter rule as a minority government until 1932.

In the first months of the Free State, the Irish Civil War is waged between the newly established National Army and the anti-Treaty IRA, who refuse to recognise the state. The Civil War ends in victory for the government forces, with the anti-Treaty forces dumping its arms in May 1923. The anti-Treaty political party, Sinn Féin, refuses to take its seats in the Dáil, leaving the relatively small Labour Party as the only opposition party. In 1926, when Sinn Féin president Éamon de Valera fails to have this policy reversed, he resigns from Sinn Féin and founds Fianna Fáil. Fianna Fáil enters the Dáil following the 1927 general election, and enters government after the Irish general election of 1932, when it becomes the largest party.

De Valera abolishes the Oath of Allegiance and embarks on an economic war with Britain. In 1937 he drafts a new constitution, which is passed by a referendum in July of that year. The Free State comes to an end with the coming into force of the new constitution on December 29, 1937. Under the new constitution the Irish state is named Ireland.

(Pictured: The Executive Council of the Irish Free State, October 1928)


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Death of Éamon de Valera

eamon-de-valera-deadÉamon de Valera, prominent politician in twentieth-century Ireland, dies at the age of 92 in Linden Convalescent Home, Blackrock, County Dublin on August 29, 1975. His wife, Sinéad de Valera, four years his senior, had died the previous January, on the eve of their 65th wedding anniversary.

De Valera’s political career spans over half a century, from 1917 to 1973. He serves several terms as head of government and head of state. He also leads the introduction of the Constitution of Ireland.

De Valera is a leader in the Irish War of Independence and of the anti-Treaty opposition in the ensuing Irish Civil War (1922–1923). After leaving Sinn Féin in 1926 due to its policy of abstentionism, he founds Fianna Fáil, and is head of government from 1932 to 1948, 1951 to 1954, and 1957 to 1959, serving as President of the Executive Council and later Taoiseach. He resigns after being elected President of Ireland. His political creed evolves from militant republicanism to social and cultural conservatism.

Assessments of de Valera’s career are varied. He has often been characterised as a stern, unbending, devious, and divisive Irish politician. Biographer Tim Pat Coogan sees his time in power as being characterised by economic and cultural stagnation, while Diarmaid Ferriter argues that the stereotype of de Valera as an austere, cold and even backward figure is largely manufactured in the 1960s and is misguided.

On September 2, 1975 Éamon de Valera makes his final journey through the streets of Dublin to his final resting place at Glasnevin Cemetery. De Valera’s body is taken from St. Patrick’s Hall in Dublin Castle, where it has lain in state, to the the St. Mary’s Pro-Cathedral, where a requiem mass is celebrated by his grandson, Father Seán Ó Cuív, and then on to Glasnevin Cemetery.

On a day of national mourning, over 200,000 people pay tribute to the statesman along the three mile funeral route from Dublin city centre to Glasnevin. The Army No. 1 Band plays Wrap the Green Flag Round Me as de Valera is carried into Glasnevin Cemetery.

In attendance at the funeral are family, friends, colleagues, politicians, dignitaries, diplomats, veterans of the 1916 Easter Rising, and citizens who want to pay their respect. The final prayers are recited at the graveside by Father Ó Cuív. The firing party of young cadets from the Curragh fire a final volley in tribute over the grave.


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Enactment of the Constitution of Ireland

constitution-of-irelandThe current Constitution of Ireland is enacted by a national plebiscite of voters on July 1, 1937 in what is then the Irish Free State. The Constitution comes into effect on December 29, 1937. The Constitution is closely associated with Éamon de Valera, the President of the Executive Council of the Irish Free State at the time, who is personally eager to replace the Constitution of the Irish Free State.

There are two main motivations for replacing the constitution in 1937. Firstly, the Irish Free State constitution of 1922 is, in the eyes of many, associated with the controversial Anglo-Irish Treaty. The second motive for replacing the original constitution is primarily symbolic. De Valera wants to put an Irish stamp on the institutions of government, and chooses to do this in particular through the use of Irish nomenclature.

De Valera, as President of the Executive Council, personally supervises the writing of the Constitution. It is drafted initially by John Hearne, legal adviser to the Department of External Affairs. De Valera serves as his own External Affairs Minister, hence the use of the Department’s Legal Advisor, with whom he has previously worked closely, as opposed to the Attorney General or someone from the Department of the President of the Executive Council. He also receives significant input from John Charles McQuaid, the Catholic Archbishop of Dublin, on religious, educational, family, and social welfare issues. The text is translated into Irish over a number of drafts by a group headed by Micheál Ó Gríobhtha who works in the Department of Education.

The framers of the 1937 Constitution decide that it will be enacted not by an elected body but by the people themselves by means of a plebiscite. The preamble to the 1937 Constitution is thus written in the name not of the legislature but of “We, the people of Éire.” On June 2, 1937, the Oireachtas passes the Plebiscite (Draft Constitution) Act 1937, which mandates the holding of a plebiscite on the draft constitution on the same date as the next general election. The Dáil is dissolved on June 14, 1937, as soon as it has approved the draft constitution. The ensuing general election is held on July 1, 1937, and the plebiscite is held in parallel. The question put to voters is simply “Do you approve of the Draft Constitution which is the subject of this plebiscite?” It is passed by a plurality – 56% of voters are in favour, comprising 38.6% of the entire electorate.

Neither the Dáil resolution approving the draft Constitution nor the Plebiscite (Draft Constitution) Act 1937 provide for the plebiscite establish how the Constitution would come into force. It is the Constitution itself which states that this will occur 180 days after its approval, and that the 1922 Constitution will simultaneously be repealed. This happens on December 29, 1937, one hundred eighty days after the July 1 plebiscite.

Consequential acts are passed between July and December to provide for the establishment of, and holding elections for, the new Seanad and the Presidency, as well as for other adaptations. The Presidential Establishment Act, 1938 is passed after the Constitution has come into effect but before the first President, Douglas Hyde, takes office.