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Tag Archives: Constitution of Ireland


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Enactment of the Constitution of Ireland

constitution-of-ireland

The 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.


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First Public Unveiling of the Irish Tricolour

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At a meeting in his native Waterford on March 7, 1848, the Young Ireland leader Thomas Francis Meagher first publicly unveils the flag from a second-floor window of the Wolfe Tone Club.

Following the Irish Rebellion of 1798, which pits the “green” United Irishmen against the Orange Order who are traditionally loyal to the British Crown, the ideal of making peace between both traditions in a self-governed Ireland is first mooted.

The oldest known reference to the use of green, white, and orange as a nationalist emblem date from September 1830 when the colours are used for rosettes and badges. Since that historical period the use of the tricolour becomes the preferred mark of a republic in national flags. However, widespread recognition is not accorded to the flag until 1848.

Presented to Meagher as a gift in 1848 by a small group of French women symathetic to the Irish cause, the flag flies proudly as Meagher addresses the Waterford crowd gathered on the street below who are celebrating news of the French Revolution. Speeches made at that time by Meagher suggest that it is regarded as an innovation and not as the revival of an older flag.

From March 1848 Irish tricolours appear side-by-side with French “tricolores” at meetings held all over the country. John Mitchel, referring to the provisional Irish banner which Meagher had presented at a meeting in Dublin on April 15, 1848, says, “I hope to see that flag one day waving as our national banner.”

Although the tricolour is not forgotten as a symbol of a free Ireland, it is rarely used between 1848 and 1916. Even up to the eve of the 1916 Easter Rising, the green flag featuring a harp holds undisputed sway. Neither the colours nor the arrangement of the early tricolours are standardised. All of the 1848 tricolours show green, white, and orange, but orange is sometimes put next to the staff, and, in at least one flag, the order is orange, green and white.

In 1850, a flag of green for the Roman Catholics, orange for the Protestants of the Established Church, and blue for the Presbyterians is proposed.

In 1883, a Parnellite tricolour of yellow, white, and green, arranged horizontally, is proposed. Down to modern times, yellow has occasionally been used instead of orange but such substitution tarnish’s the tricolour’s fundamental symbolism.

The flag is adopted by the rebels in the 1916 Easter Rising rebels and raised above the General Post Office in Dublin. This marks the first time that the tricolour is regarded as the national flag. It is subsequently adopted by the Irish Republic during the Irish War of Independence (1919–1921). Its use is continued by the Irish Free State (1922–1937) and is later given constitutional status under the 1937 Constitution of Ireland. The tricolour is used by nationalists on both sides of the border as the national flag of the whole island of Ireland since 1916.