seamus dubhghaill

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


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Proportional Representation Used in Ireland for the First Time

Proportional Representation (PR), specifically the Single Transferable Vote (STV), is used in Ireland for the first time in the local elections on January 15, 1920.

The STV, sometimes known as Proportional Ranked Choice Voting (P-RCV), is a multi-winner electoral system in which each voter casts a single vote in the form of a ranked-choice ballot. Voters have the option to rank candidates, and their vote may be transferred according to alternate preferences if their preferred candidate is eliminated or elected with surplus votes, so that their vote is used to elect someone they prefer over others in the running. STV aims to approach Proportional Representation based on votes cast in the district where it is used, so that each vote is worth about the same as another. Formally, STV satisfies a fairness criterion known as proportionality for solid coalitions.

Under STV, no one party or voting bloc can take all the seats in a district unless the number of seats in the district is very small or almost all the votes cast are cast for one party’s candidates, which is seldom the case. This makes it different from other district voting systems. In majoritarian or plurality systems – such as first-past-the-post (FPTP), instant-runoff voting (IRV; also known as the alternative vote), block voting, and ranked-vote block voting – one party or voting bloc can take all the seats in a district.

The key to STV’s approximation of proportionality is that each voter effectively only casts a single vote in a district contest electing multiple winners, while the ranked ballots (and sufficiently large districts) allow the results to approach proportionality. The use of a quota means that, for the most part, each successful candidate is elected with the same number of votes. This equality produces fairness – a party taking twice the votes than another party will take twice the seats compared to that other party.

Under STV, multiple winners are selected for a constituency (a multi-member district). Every sizeable group within the district wins at least one seat: the more seats the district has, the smaller the size of the group needed to elect a member. In this way, STV provides approximately proportional representation, ensuring that substantial minority factions have some representation.

STV is distinguished from plurality voting systems, like FPTP, plurality block voting and the single non-transferable vote (SNTV) by the fact that votes are transferable under STV but are not under the other systems. STV reduces the number of “wasted” votes, votes which are cast for unsuccessful candidates by electing multiple representatives for a district. Additionally, surplus votes collected by successful candidates are transferred to aid other candidates, preventing waste caused by successful candidates receiving votes over and above those actually needed to secure the seat.

An important characteristic of STV is that it enables votes to be cast for individual candidates rather than for parties. Party lists are therefore not needed, as opposed to many other proportional electoral systems). It is the voters who create their own ordered list of candidates. The ranked voting also allows voters to form consensus behind the most popular candidates.

In the 1921 Northern Ireland general elections, when PR is used, every seat is contested. However, after Northern Ireland reverts to the first-past-the-post (FPTP) system, numerous seats go uncontested by nationalists who know they have no chance of winning seats. In the 1933 Northern Ireland general election, fought under the British first-past-the-post system, only 19 of 52 seats are contested. Gerrymandered voting districts plus first-past-the-post see Unionists gain 36 of 52 seats in the election. This can be contrasted with the 1920 Irish local elections when Sinn Féin wins control of 10 of 12 urban councils.


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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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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.