Adoption of the Constitution of Ireland
The current
Background
The Constitution of Ireland replaced the Constitution of the Irish Free State, which had come into force on 6 December 1922, marking the establishment of a separate dominion within the
1922 Constitution
The original text of the 1922 Constitution was a schedule to the Constitution of the Irish Free State (Saorstát Eireann) Act 1922, passed by the
Under the 1922 Constitution amendments were governed by Article 50. Article 50, at the time the 1937 Constitution was adopted, provided that constitutional amendments could be enacted by the
Motivation for change
There were two main motivations for replacing the constitution in 1937. Firstly, the Irish Free State constitution of 1922 was, in the eyes of many, associated with the Anglo-Irish Treaty. The largest political group in the anti-treaty faction, who opposed the treaty initially by force of arms, had boycotted the institutions of the new Irish Free State until 1926. In 1932 they were elected into power as the Fianna Fáil party.
After 1932, some of the articles of the original Constitution which were required by the Anglo-Irish Treaty were dismantled by acts of the Oireachtas, as permitted in British law by the
The second motive for replacing the original constitution was primarily symbolic. De Valera wanted to put an Irish stamp on the institutions of government, and chose to do this in particular through the use of Irish-language nomenclature.
Drafting process
De Valera as
A draft of the constitution was presented personally to the Vatican for review and comment on two occasions by the Department Head at External Relations, Joseph P. Walsh. Prior to its tabling in Dáil Éireann and presentation to the Irish electorate in a plebiscite,
Dáil debate
The draft constitution was approved by the Oireachtas before being put to a vote. The Free State Oireachtas was originally bicameral, consisting of the Dáil and the Seanad or Senate, as well as the Governor-General, who gave royal assent to bills to enact them. However, the Seanad and Governor-General had been abolished in 1936, so that once passed by the Dáil, a bill became law on the signature of the Ceann Comhairle.
The Constitution was not presented as a
Positions on Draft Constitution
Supporters of replacing the Irish Free State Constitution were largely sympathetic to the Fianna Fáil party, or republicans who believed in removing the remaining constitutional and legal links to the British state. Opponents of the new constitution included a coalition of supporters of Fine Gael and the Labour Party,[11] and former unionists who were concerned about permanently losing the last vestiges of Britain's influence on the institutions of Irish government. The National University Women Graduates' Association opposed the new constitution on the basis that it could undermine women's rights and privacy in the home.[12]
Plebiscite
The framers of the 1937 Constitution decided that it would be enacted not by an elected body but by the people themselves by means of a
It was the only statewide plebiscite or referendum to take place in the Irish Free State.[13] (The term referendum is used in Irish law where the question is enactment of a bill; plebiscite is used for other questions.) The question put to voters was:
Do you approve of the Draft Constitution which is the subject of this plebiscite?
It was passed with 56.5% of those voting in favour, comprising 38.6% of the total electorate.
Choice | Votes | % | |
---|---|---|---|
For | 685,105 | 56.52 | |
Against | 526,945 | 43.48 | |
Total | 1,212,050 | 100.00 | |
Valid votes | 1,212,050 | 90.03 | |
Invalid/blank votes | 134,157 | 9.97 | |
Total votes | 1,346,207 | 100.00 | |
Registered voters/turnout | 1,775,055 | 75.84 | |
Source: Beat Müller |
The number of invalid or blank votes was high at almost 10% of the total votes cast. The 'Yes' vote won a majority in all but five of the thirty four constituencies, representing a solid level of support across Ireland. In a further six constituencies (Cavan, Cork North, Cork South-East, Leitrim, Roscommon, and Wexford), the majority for 'Yes' was less than the number of spoilt votes (spoilt votes also exceeded the 'No' majority in four of the five constituencies that voted 'No', the exception being Dublin Townships). Geographically, the 'No' vote was strongest in the constituencies of Dublin County and Wicklow, and in Cork West. The draft constitution had least support in Dublin Townships, and gained most support in Galway West, where three-quarters of voters backed the proposal.[2] The plebiscite vote was heavily influenced by party political loyalties.[14] Fianna Fáil voters overwhelmingly voted 'Yes', while Fine Gael voters and Protestants largely voted 'No'. The bulk of Labour voters supported the new constitution, despite the opposition of the party leadership.[15]
Constituency | Electorate | Turnout (%) | Votes | Proportion of votes | ||
---|---|---|---|---|---|---|
Yes | No | Yes | No | |||
Athlone–Longford | 38,295 | 77.9% | 15,648 | 11,367 | 57.9% | 42.1% |
Carlow–Kildare | 48,536 | 75.8% | 18,745 | 14,407 | 56.5% | 43.5% |
Cavan | 47,008 | 80.5% | 17,412 | 16,508 | 51.3% | 48.7% |
Clare | 62,551 | 79.5% | 29,279 | 16,454 | 64.0% | 36.0% |
Cork Borough | 53,019 | 73.3% | 20,765 | 15,392 | 57.4% | 42.6% |
Cork North | 47,822 | 82.3% | 17,458 | 16,350 | 51.6% | 48.4% |
Cork South-East | 41,669 | 76.9% | 13,764 | 12,733 | 51.9% | 48.1% |
Cork West | 67,017 | 80.4% | 19,741 | 24,668 | 44.5% | 55.5% |
Donegal East | 48,975 | 75.4% | 18,680 | 13,041 | 58.9% | 41.1% |
Donegal West | 38,532 | 71.7% | 14,160 | 11,086 | 56.1% | 43.9% |
Dublin County | 83,457 | 70.5% | 26,901 | 28,840 | 48.3% | 51.7% |
Dublin North-East | 50,323 | 72.7% | 18,651 | 16,496 | 53.1% | 46.9% |
Dublin North-West | 69,174 | 68.9% | 26,095 | 19,210 | 57.6% | 42.4% |
Dublin South | 82,659 | 69.6% | 32,669 | 21,504 | 60.3% | 39.7% |
Dublin Townships | 52,664 | 71.6% | 14,810 | 21,336 | 41.0% | 59.0% |
Galway East | 49,476 | 70.0% | 21,273 | 10,049 | 67.9% | 32.1% |
Galway West | 42,796 | 61.1% | 17,836 | 6,234 | 74.1% | 25.9% |
Kerry North | 48,621 | 73.1% | 21,292 | 10,857 | 66.2% | 33.8% |
Kerry South | 35,390 | 74.4% | 13,658 | 9,573 | 58.8% | 41.2% |
Kilkenny | 40,900 | 82.1% | 16,926 | 13,746 | 55.2% | 44.8% |
Leitrim | 36,368 | 75.8% | 12,583 | 8,429 | 59.9% | 40.1% |
Laois–Offaly | 60,945 | 79.3% | 25,654 | 17,717 | 59.2% | 40.8% |
Limerick | 81,397 | 81.2% | 35,187 | 21,954 | 61.6% | 38.4% |
Louth | 38,570 | 78.6% | 16,326 | 11,688 | 58.3% | 41.7% |
Mayo North | 38,170 | 67.9% | 15,900 | 8,247 | 65.8% | 34.2% |
Mayo South | 59,999 | 70.3% | 22,225 | 15,734 | 58.6% | 41.4% |
Meath–Westmeath | 61,654 | 79.6% | 27,586 | 18,704 | 59.6% | 40.4% |
Monaghan | 36,469 | 86.4% | 16,189 | 12,107 | 57.2% | 42.8% |
Roscommon | 42,103 | 76.4% | 15,481 | 12,910 | 54.5% | 45.5% |
Sligo | 36,516 | 78.0% | 10,780 | 11,916 | 47.5% | 52.5% |
Tipperary | 82,727 | 81.8% | 34,776 | 28,041 | 55.4% | 44.6% |
Waterford | 51,596 | 79.8% | 22,118 | 16,578 | 57.2% | 42.8% |
Wexford | 61,486 | 78.7% | 23,129 | 20,391 | 53.1% | 46.9% |
Wicklow | 38,171 | 78.3% | 11,408 | 12,678 | 47.4% | 52.6% |
Total | 1,775,055 | 75.8% | 685,105 | 526,945 | 56.5% | 43.5% |
Legal basis of enactment & coming into effect
The enactment of the Constitution of Ireland in 1937 has been described as a "legal revolution".[16] The Irish Free State government was bound by the 1922 Constitution of the Irish Free State. The 1922 Constitution was made subject to the Anglo-Irish Treaty. Dáil Éireann (there was no Seanad Éireann at the time) did not have the power under article 12 of the Treaty to enact a new constitution.[17] That was for a new constituent assembly only. The government chose to ignore these restrictions. The draft constitution was published on 1 May 1937, and only approved by Dáil Éireann on 14 June 1937. On 2 June 1937, the Oireachtas had enacted the Plebiscite (Draft Constitution) Act 1937. That statute made provision for a plebiscite on the draft constitution "throughout Saorstát Éireann" defined in Irish law as excluding Northern Ireland.[17] The plebiscite on 1 July 1937 (as opposed to its organization) was not constitutional, which is why enactment by the people was a legal revolution.[17]
Article 48 of the new Constitution provided for the repeal of the Irish Free State constitution, from the date of coming into operation of the new constitution. Under article 62, this was either after an interval of 180 days, or sooner if the Dáil so decided. The Irish Free State government chose not to have the Dáil (operating under the 1922 Constitution) decide, and the new Constitution came into operation on 29 December 1937 (without legal challenge to its validity).
Consequential acts were passed between July and December 1937 to provide for the establishment of, and holding elections for, the new Seanad[18] and the Presidency,[19] as well as for other adaptations.[20] The Presidential Establishment Act 1938 was passed after the Constitution had come into effect but before the first President, Douglas Hyde, took office.[21]
New official stamps, seals, and papers marked "Éire" replaced those with "Saorstát Éireann"; in some cases immediately, in other cases after existing stocks had run out.
International response
When the new constitution was enacted, according to The New York Times, the British government "contented itself with a legalistic protest".[22] Its protest took the form of a communiqué on 30 December 1937 in which the British stated:[23][24]
His Majesty's Government in the United Kingdom has considered the position created by the new Constitution … of the Irish Free State, in future to be described under the Constitution as 'Eire' or 'Ireland' … [and] cannot recognize that the adoption of the name 'Eire' or 'Ireland', or any other provision of those articles [of the Irish constitution], involves any right to territory … forming part of the United Kingdom of Great Britain and Northern Ireland … They therefore regard the use of the name 'Eire' or 'Ireland' in this connection as relating only to that area which has hitherto been known as the Irish Free State.
The Eire (Confirmation of Agreements) Act 1938 provided that Eire would be the style in UK law for the Irish state.
The Irish Government received messages of goodwill from 268 United States congressmen including eight senators. The signatories expressed "their ardent congratulations on the birth of the State of Ireland and the consequent coming into effect of the new constitution", adding that "We regard the adoption of the new constitution and the emergence of the State of Ireland as events of the utmost importance."[25]
Ireland, a successor state?
Given that there is little doubt about statehood in Ireland in 1937, was Ireland a
References
This article includes a list of general references, but it lacks sufficient corresponding inline citations. (August 2013) |
Sources
- Draft Constitution Dáil debates, 1937
- Application of Standing Orders: March 10
- First Reading: March 10
- Second Reading: May 11, 12, 13
- Committee Stage: May 25, 25 (ctd), 26, 26 (ctd), 28; June 1, 1 (ctd), 2, 2 (ctd), 3, 3 (ctd)
- Report Stage: June 4
- Committee Stage (return): June 9, 10
- Report Stage (return): June 14
- Other primary sources
- Second House of the Oireachtas Commission (1936). Report (PDF). Official publications. Vol. P.2475. Dublin: Stationery Office. Retrieved 20 April 2020.
- Plebiscite (Draft Constitution) Act 1937: Statute: Debates
- Constitution (Consequential Provisions) Act 1937: Statute: Debates
- Secondary sources
- Coffey, Donal K. (2012). "The Need for a New Constitution: Irish Constitutional Change 1932–1935". Irish Jurist. 48: 275–302. JSTOR 44027504.
- Coffey, Donal K. (2018). Constitutionalism in Ireland, 1932–1938: National, Commonwealth, and International Perspectives. Springer. ISBN 9783319762371. Retrieved 17 October 2019.
- Hogan, Gerard W.; Kinsella, Eoin (2012). The Origins of the Irish Constitution: 1928–1941. Royal Irish Academy. ISBN 9781904890751.
- The Origins of the Irish Constitution project of the Royal Irish Academy with documents covering the period 1929 to 1941.
- Keogh, Dermot; McCarthy, Dr. Andrew (1 January 2007). The Making of the Irish Constitution 1937: Bunreacht Na HÉireann. Mercier Press. ISBN 9781856355612.
- Ó Cearúil, Mícheál (1999). "Introduction: Text and Context" (PDF). Bunreacht na Éireann: A study of the Irish text. Official publications. Vol. Pn 7899. Dublin: Stationery Office. ISBN 0-7076-6400-4. Archived from the original(PDF) on 8 November 2015.
Citations
- ^ a b L. Prakke, C. A. J. M. Kortmann, Constitutional Law of 15 EU Member States, 'Ireland – The Constitution of 1937' (Kluwer, 1 January 2004), 427.
- ^ Department of Housing, Planning and Local Government. pp. 18–19. Archived(PDF) from the original on 22 January 2023. Retrieved 5 March 2024.
- ^ "Constitution of Saorstát Éireann Bill 1922 (Bill 1 of 1922)". Dáil Éireann debates. 25 October 1922. Archived from the original on 28 July 2020. Retrieved 5 June 2018.
- ^ "Constitution of the Irish Free State (Saorstát Eireann) Act 1922". Irish Statute Book. Archived from the original on 28 September 2013. Retrieved 4 August 2013.
- ^ 13 Geo.5 sess.2 c.1
- ^ "Executive Authority (External Relations) Bill, 1936 (Bill 46 of 1936)". 12 December 1936. Archived from the original on 20 October 2020. Retrieved 6 June 2018.
- ^ Blackbourn, Jessie (2014). Anti-Terrorism Law and Normalising Northern Ireland. Routledge. p. 16.
- ^ Suksi, Markku (1993). Bringing in the People: A Comparison of Constitutional Forms and Practices of the Referendum. Martinus Nijhoff Publishers. p. 190.
- ^ "(UCDA P150/2419) Visit to Rome / Constitution from Joseph P. Walshe to Eamon de Valera". Documents on IRISH FOREIGN POLICY. 22 April 1937. pp. Vol.V No.43. Archived from the original on 23 September 2015. Retrieved 5 August 2013.
- ISBN 9780813205946. Archivedfrom the original on 31 December 2013. Retrieved 5 August 2013.
- ^ Fine Gael, 'Say No to the Constitution' advertisement (1937)
- ^ National University Women Graduates' Association, 'Vote Against the Constitution' advertisement (1937)
- ISBN 9780719040375.
- ^ Lee, J. J. (1989). Ireland, 1912–1985: Politics and Society. Cambridge University Press. p. 210.
- ^ Forde, Michael; Leonard, David (2013). Constitutional Law of Ireland. A&C Black. p. 11.
- ^ Morgan, Austen (2000). Belfast Agreement: A Practical Legal Analysis. The Belfast Press.
- ^ a b c d e Morgan 2000.
- ^ Irish Statute Book: Seanad Electoral (University Members) Act 1937 Archived 11 September 2013 at the Wayback Machine, Seanad Electoral (Panel Members) Act 1937 Archived 9 May 2013 at the Wayback Machine
- ^ Irish Statute Book: Presidential Seal Act 1937 Archived 11 May 2013 at the Wayback Machine, Local Government (Nomination of Presidential Candidates) Act 1937 Archived 24 February 2014 at the Wayback Machine, Presidential Elections Act 1937 Archived 10 January 2014 at the Wayback Machine, Defence Forces Act 1937 Archived 22 October 2013 at the Wayback Machine
- ^ Irish Statute Book: Constitution (Consequential Provisions) Act 1937 Archived 10 September 2013 at the Wayback Machine, Interpretation Act 1937 Archived 7 July 2013 at the Wayback Machine, Electoral (Chairman of Dáil Eireann) Act 1937 Archived 26 March 2018 at the Wayback Machine
- ^ Presidential Establishment Act 1938 (No. 24 of 1938). Act of the Oireachtas. Archived from the original on 27 September 2013. Retrieved from Irish Statute Book on 4 August 2013.
- ^ "ULSTER'S INCLUSION BARRED BY BRITAIN; London Protests Claim That Belfast Eventually Must Be Ruled by Dublin; LITTLE CHANGE IS SEEN; Premier of Northern Ireland Attacks Constitution as an 'Affront to His Majesty'". The New York Times. 30 December 1937. p. 2. Archived from the original on 22 July 2018. Retrieved 22 July 2018.
- ^ "Circular dated 1 April 1949 from the Canadian Secretary of State for External Affairs to Heads of Post Abroad (Circular Document No.B38, 836. DEA/7545‑B‑40)". Archived from the original on 10 January 2016. Retrieved 3 August 2013.
- ^ "Britain accepts new name for the Free State". The Manchester Guardian. 30 December 1937. Archived from the original on 23 July 2011.. Full text of British Government's communiqué cited in Clifford, Angela (1985). The Constitutional History of Eire/Ireland. Belfast: Athol Books. p. 153.
- ^ "Irish Free State | American Messages of Good Will | Congratulations on New Constitution". The Canberra Times. 13 January 1938. Archived from the original on 22 September 2021. Retrieved 24 April 2017.
- ^ "Memorandum, Rynne to Walshe from Michael Rynne to Joseph P. Walshe". Documents on IRISH FOREIGN POLICY. Royal Irish Academy. 19 January 1940. pp. Vol.VI No.110. Archived from the original on 5 March 2016. Retrieved 4 August 2013.