seamus dubhghaill

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Tag Archives: Constitution of the Irish Free State


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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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Éamon de Valera Elected President of Dáil Éireann

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Éamon de Valera is elected President of Dáil Éireann (Príomh Aire) at the third meeting of the First Dáil on April 1, 1919.

The Declaration of Independence asserts that the Dáil is the parliament of a sovereign state called the “Irish Republic,” and so the Dáil establishes a cabinet called the Ministry or “Aireacht,” and an elected prime minister known both as the “Príomh Aire” and the “President of Dáil Éireann.”

When the First Dáil meets in the Round Room of the Mansion House in Dublin on January 21, 1919, de Valera is the president of Sinn Féin and thus the natural choice for leadership. However, he is imprisoned in England so, at the second meeting of the Dáil on January 22, Cathal Brugha is elected as the first Príomh Aire on a temporary basis. De Valera escapes Lincoln Gaol in February and is then elected to replace Brugha at the Dáil’s third meeting.

As leader, de Valera visits the United States from June 1919 to December 1920. His aim is to gain both popular and official recognition for the Republic and to obtain a loan to finance Dáil Éireann and the War of Independence. By the time of his return, de Valera has won public but not official support for the Republic and has raised a loan of $6 million.

After the election of the Second Dáil in 1921, de Valera resigns on August 26 and is immediately re-elected under the new title of President of the Republic. He then remains in office until January 1922 when, against his wishes, the Dáil votes to ratify the Anglo-Irish Treaty. De Valera resigns and submits his name for re-election but is rejected by the house, which instead elects Arthur Griffith, who supports the Treaty, by a vote of 60-58.

On January 16, 1922, the British government implements the Treaty and appoints a new Irish administration called the Provisional Government. The Dáil decides that the new administration will operate in parallel with the existing institutions of the Irish Republic, which the British do not recognise. Therefore, as the Irish Civil War begins the country has two leaders, Arthur Griffith as President of Dáil Éireann and Michael Collins as Chairman of the Provisional Government. Collins is also Minister for Finance in Griffith’s cabinet. This anomalous situation continues until Griffith and Collins both died suddenly in August 1922, Collins being assassinated by anti-Treaty irregulars and Griffith dying of natural causes. W.T. Cosgrave becomes Chairman of the Provisional Government on August 25 and, when he is also elected as President of Dáil Éireann in September, the two administrations are merged.

On December 6, both the Irish Republic and the Provisional Government come to an end as the new Constitution of the Irish Free State comes into force. The new Irish Free State has three leaders, the King as head of state, the Governor-General as the King’s representative, and the President of the Executive Council as head of government. W.T. Cosgrave is appointed as the first President of the Executive Council on the same day.