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Concept
Constitution of the Irish Free State
Summary
The Constitution of the Irish Free State (Bunreacht Shaorstát Éireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which came into effect upon receiving the royal assent on 5 December 1922, provided that the Constitution would come into effect upon the issue of a Royal Proclamation, which was done on 6 December 1922. In 1937 the Constitution of the Irish Free State was replaced by the modern Constitution of Ireland following a referendum.
As enacted, the Constitution of the Irish Free State was firmly shaped by the requirements of the Anglo-Irish Treaty that had been negotiated between the British government and Irish leaders in 1921. However, following a change of government in 1932 and the adoption of the Statute of Westminster a series of amendments progressively removed many of the provisions that had been required by the Treaty.
The Constitution established a parliamentary system of government under a form of constitutional monarchy, and contained guarantees of certain fundamental rights. It was intended that the constitution would be a rigid document that, after an initial period, could be amended only by referendum. However, amendments were made to the Constitution's amendment procedure, so that all amendments could be and were in fact made by a simple Act of the Oireachtas (parliament).
Whether or not the Irish Free State would have a written constitution was the subject of some debate when the Irish Free State (Saorstát Éireann) Bill was introduced to the Provisional Parliament by President Cosgrave. The Labour leader, Thomas Johnson, remarked:
[T]here is no compulsion—so far as I can read in the Treaty—for a Constitution —a written Constitution—to be established at all.... It would be wiser, I suggest, to leave the enactment of a Constitution until there is something like quietude in the country....
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