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The Irish Constitution

Published online by Cambridge University Press:  01 August 2014

Allan F. Saunders*
Affiliation:
University of Wisconsin

Extract

The Constitution of the Irish Free State is the result of a political drama extending over a period of eight years. From the Ulster Rebellion and the Home Rule Act of 1914, the action has been tense and almost continuous. The threats and concessions of that time played into the hands of the radical Sinn Fein, and with the Easter Rebellion of 1916 it became evident that the issue was no longer one of home rule but of independence. The government at London, however, did not realize this until once more the traditional methods of settlement had been tried.

Type
Foreign Governments and Politics
Copyright
Copyright © American Political Science Association 1924

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References

1 See “The Preliminary to the Constitution,” published in the N. Y. Nation, July 26, 1922.

2 Elsewhere in the constitution are found the guaranty of jury trial in criminal cases, prohibition of ex post facto legislation, and restriction of martial law to wartime.

3 English is recognized as an official language.

4 Elections must be held within 30 days after dissolution, and the new parliament must assemble within 3 days after the election. Article 27.

5 Article 29.

6 Vacancies in university members are filled by the university in question for the unexpired term. Other vacancies are filled by election of the Senate, such appointee to serve until the succeeding triennial election, at which a person shall be elected to fill out the original term of twelve years.

7 Appeal from such decision is permissible, on demand of two-fifths of members of either house, to a committee of privileges, composed of three members of each house, with a judge of the Supreme Court as chairman. Their decision is final.

8 On demand of the Senate, nonmoney bills before that body may be considered (but not voted upon) in joint session of the houses.

9 Money bills and emergency measures are excepted. Article 46.

10 There is one exception. The members of the Council who are members of the Dail are alone responsible for “all matters relating to external affairs.” Article 54.

11 Article 51.

12 Article 52.

13 Article 50 permits the Dail, on recommendation of the Premier, to “determine that a particular minister or ministers, not exceeding three, may be members of Parliament in addition to the four members of the Dail above mentioned.”

14 Article 53.

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