Constitutional Developments in Saorstát Eireann and the Constitution of Éire: I, External Affairs

Abstract

Under terms of the Treaty of 1921 between Great Britain and Ireland, it was agreed that: “Ireland shall have the same constitutional status in the Community of Nations known as the British Empire as the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, and the Union of South Africa, with a Parliament having powers to make laws for the peace, order and good government of Ireland and an Executive responsible to that Parliament, and shall be styled and known as the Irish Free State.” The status of the Irish Free State was further defined by this language: “Subject to the provisions hereinafter set out, the position of the Irish Free State in relation to the Imperial Parliament and Government and otherwise shall be that of the Dominion of Canada, and the law, practice and constitutional usage governing the relationship of the Crown or the representative of the Crown and of the Imperial Parliament to the Dominion of Canada shall govern their relationship to the Irish Free State.” The Imperial Government gave this treaty the force of law by the Irish Free State (Agreement) Act of March 31, 1922. To implement the treaty, Dáil Eireann, sitting as a constituent assembly, enacted a constitution for the Irish Free State in 1922. This constitution declared: “The Irish Free State (otherwise hereinafter called or sometimes called Saorstát Eireann) is a co-equal member of the Community of Nations forming the British Commonwealth of Nations.” It was given the force of law by the Imperial Government in the Irish Free State Constitution Act of December 5, 1922.