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Tag Archives: Governor-General of the Irish Free State


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The Constitution of Ireland Comes Into Force

constitution-of-ireland-1937

The 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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Establishment of the Irish Free State

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The 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 Politician & Journalist Timothy Michael Healy

Timothy Michael “Tim” Healy, Irish nationalist politician, journalist, author, barrister, and one of the most controversial Irish Members of Parliament (MPs) in the House of Commons of the United Kingdom of Great Britain and Ireland, dies in Chapelizod, County Dublin, on March 26, 1931.

Healy is born in Bantry, County Cork, the second son of Maurice Healy, clerk of the Bantry Poor Law Union, and Eliza Healy (née Sullivan). His father is transferred in 1862 to a similar position in Lismore, County Waterford. Timothy is educated at the Christian Brothers school in Fermoy, and is otherwise largely self-educated, in 1869, at the age of fourteen, he goes to live with his uncle Timothy Daniel Sullivan in Dublin.

Healy then moves to England in 1871, working first as a railway clerk and then from 1878 in London as parliamentary correspondent of The Nation, writing numerous articles in support of Charles Stewart Parnell, the newly emergent and more militant home rule leader, and his policy of parliamentary obstructionism. Healy takes part in Irish politics and becomes associated with Parnell and the Irish Parliamentary Party. After being arrested for intimidation in connection with the Irish National Land League, he is promptly elected as member of Parliament for Wexford Borough in 1880.

In Parliament, Healy becomes an authority on the Irish land question. The “Healy Clause” of the Land Act of 1881, which protects tenant farmers’ agrarian improvements from rent increases imposed by landlords, not only makes him popular throughout nationalist Ireland but also wins his cause seats in Protestant Ulster. He breaks with Parnell in 1886 and generally remains at odds with subsequent leaders of the Irish Parliamentary Party, though he is a strong supporter of proposals for Irish Home Rule. Meanwhile, he is called to the Irish bar in 1884 and becomes a queen’s counsel in 1899.

Dissatisfied with both the Liberals and the Irish Nationalists after the Easter Rising in 1916, Healy supports Sinn Féin after 1917. He returns to considerable prominence in 1922 when, on the urging of the soon-to-be Irish Free State’s Provisional Government of W.T. Cosgrave, the British government recommends to King George V that Healy be appointed the first “Governor-General of the Irish Free State,” a new office of representative of the Crown created in the 1921 Anglo-Irish Treaty and introduced by a combination of the Irish Free State Constitution and Letters Patent from the King.

Healy believes that he has been awarded the Governor-Generalship for life. However, the Executive Council of the Irish Free State decides in 1927 that the term of office of Governors-General will be five years. As a result, he retires from the office and public life in January 1928 and publishes his extensive two volume memoirs later in that year. Throughout his life he is formidable because he is ferociously quick-witted, because he is unworried by social or political convention, and because he knows no party discipline. Towards the end of his life, he becomes more mellowed and otherwise more diplomatic.

Healy dies on March 26, 1931, at the age of 75, in Chapelizod, County Dublin. He is buried in Glasnevin Cemetery in Dublin.