External Relations Act
Encyclopedia
The Executive Authority Act 1936 (No. 58 of 1936) was an Act of the Oireachtas
(Irish parliament). The Act, which was signed into law on 12 December 1936, was one of two passed hurriedly in the aftermath of the abdication of King Edward VIII
to sharply reduce the role of the British monarchy
in relation to the Irish Free State
. It is also sometimes referred to as the External Relations Act.
, Éamon de Valera
's government had secured the passage of a number of amendments to the Irish constitution
, reducing the role of the Crown in the state's internal affairs.
The culmination of the 1936 Abdication Crisis
in Edward VIII's signing an Instrument of Abdication on 10 December 1936 was seized upon by de Valera as an opportunity to almost completely eliminate the role of the Crown, including the abolition of the office of Governor-General
. The Constitution (Amendment No. 27) Act 1936 was thus rushed through the Oireachtas. The Act amended the Constitution by transferring all the responsibilities of the Governor-General, and almost all the responsibilities of the King, to other offices. (The attempt to abolish the office of Governor-General by removing all references to it in the Constitution proved to be unsuccessful, requiring remedial legislation the following year.)
As a result of these changes, the only remaining reference to the King, albeit a deliberately oblique one, was in a proviso to Article 51, authorising the Executive Council
(government) to "avail", for the appointment of diplomats, etc. and for the conclusion of treaties
, "of any organ used as a constitutional organ for the like purposes" by any of the other members of the Commonwealth. This authority was made "to the extent and subject to any conditions which may be determined by law"; the Executive Authority (External Relations) Act 1936, signed on the following day, was that law.
The Act also brought Edward VIII's Instrument of Abdication into effect for the purposes of Irish law (s. 3(2)). Due to the Act's phrasing, Edward VIII's abdication was actually back-dated to the day before that on which it took effect in the United Kingdom and most of the other dominion
s.
was repealed by the Constitution of Ireland
(Bunreacht na hÉireann), which replaced it. Article 29.4 of the new constitution stated that:
As a result, the constitutional role of the King remained unaffected, and the External Relations Act remained in force.
had been working on the various options when de Valera's Fianna Fáil
administration was replaced by the First Inter-Party Government under Costello.
The Executive Authority (External Relations) Act 1936 was finally repealed by the Republic of Ireland Act 1948 which came into force on April 18, 1949. The new Act vested the powers possessed by the King in the President of Ireland.
Oireachtas of the Irish Free State
The Oireachtas of the Irish Free State was the legislature of the Irish Free State from 1922 until 1937. It was established by the 1922 Constitution of Ireland which was based from the Anglo-Irish Treaty...
(Irish parliament). The Act, which was signed into law on 12 December 1936, was one of two passed hurriedly in the aftermath of the abdication of King Edward VIII
Edward VIII of the United Kingdom
Edward VIII was King of the United Kingdom and the Dominions of the British Commonwealth, and Emperor of India, from 20 January to 11 December 1936.Before his accession to the throne, Edward was Prince of Wales and Duke of Cornwall and Rothesay...
to sharply reduce the role of the British monarchy
British monarchy
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
in relation to the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
. It is also sometimes referred to as the External Relations Act.
Background and effect of legislation
Since coming to power after the Irish Free State's 1932 general electionIrish general election, 1932
The Irish general election of 1932 was held on 16 February 1932, just over two weeks after the dissolution of the Dáil on 29 January. The newly elected 153 members of the 7th Dáil assembled at Leinster House on 9 March 1932 when the new President of the Executive Council and Executive Council of...
, Éamon de Valera
Éamon de Valera
Éamon de Valera was one of the dominant political figures in twentieth century Ireland, serving as head of government of the Irish Free State and head of government and head of state of Ireland...
's government had secured the passage of a number of amendments to the Irish constitution
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
, reducing the role of the Crown in the state's internal affairs.
The culmination of the 1936 Abdication Crisis
Edward VIII abdication crisis
In 1936, a constitutional crisis in the British Empire was caused by King-Emperor Edward VIII's proposal to marry Wallis Simpson, a twice-divorced American socialite....
in Edward VIII's signing an Instrument of Abdication on 10 December 1936 was seized upon by de Valera as an opportunity to almost completely eliminate the role of the Crown, including the abolition of the office of Governor-General
Governor-General of the Irish Free State
The Governor-General was the representative of the King in the 1922–1937 Irish Free State. Until 1927 he was also the agent of the British government in the Irish state. By convention the office of Governor-General was largely ceremonial...
. The Constitution (Amendment No. 27) Act 1936 was thus rushed through the Oireachtas. The Act amended the Constitution by transferring all the responsibilities of the Governor-General, and almost all the responsibilities of the King, to other offices. (The attempt to abolish the office of Governor-General by removing all references to it in the Constitution proved to be unsuccessful, requiring remedial legislation the following year.)
As a result of these changes, the only remaining reference to the King, albeit a deliberately oblique one, was in a proviso to Article 51, authorising the Executive Council
Executive Council of the Irish Free State
The Executive Council was the cabinet and de facto executive branch of government of the 1922–1937 Irish Free State. Formally, the role of the Executive Council was to "aid and advise" the Governor-General who would exercise the executive authority on behalf of the King...
(government) to "avail", for the appointment of diplomats, etc. and for the conclusion of treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
, "of any organ used as a constitutional organ for the like purposes" by any of the other members of the Commonwealth. This authority was made "to the extent and subject to any conditions which may be determined by law"; the Executive Authority (External Relations) Act 1936, signed on the following day, was that law.
Provisions of the External Relations Act
The External Relations Act set out that the appointment of the Free State's diplomatic and consular representatives, and the conclusion of international agreements, would be either by or on the authority of the Executive Council (ss. 1-2). The Act then stipulated that "so long as Saorstát Éireann [i.e. the Irish Free State] is associated with the [other member nations of the Commonwealth], and so long as the King recognised by those nations as the symbol of their co-operation continues to act on behalf of each of those nations (on the advice of the several Governments thereof) for the purposes of the appointment of diplomatic and consular representatives and the conclusion of international agreements, the King so recognised may, and is hereby authorised to, act on behalf of Saorstát Éireann for the like purposes as and when advised by the Executive Council so to do" (s. 3(1)). In other words, the King was authorised (upon the formal advice of the Irish government) to appoint diplomats and consuls, and to be involved in the formalities of making treaties.The Act also brought Edward VIII's Instrument of Abdication into effect for the purposes of Irish law (s. 3(2)). Due to the Act's phrasing, Edward VIII's abdication was actually back-dated to the day before that on which it took effect in the United Kingdom and most of the other dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
s.
The External Relations Act and the 1937 Constitution
In 1937 the Constitution of the Irish Free StateConstitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
was repealed by the Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
(Bunreacht na hÉireann), which replaced it. Article 29.4 of the new constitution stated that:
1° The executive power of the State in or in connection with its external relations shall [...] be exercised by or on the authority of the Government.
2° For the purpose of the exercise of any executive function of the State in or in connection with its external relations, the Government may to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the State is or becomes associated for the purpose of international co-operation in matters of common concern.
As a result, the constitutional role of the King remained unaffected, and the External Relations Act remained in force.
Repeal
In the late 1940s, de Valera decided to change the law, though whether it would involve the total repeal of the Act, or merely its amendment, was not decided when he lost power in 1948. His then Attorney-General, Cearbhall Ó DálaighCearbhall Ó Dálaigh
Cearbhall Ó Dálaigh served as the fifth President of Ireland, from 1974 to 1976. He resigned in 1976 after a clash with the government. He also had a notable legal career, including serving as Chief Justice of Ireland.- Early life :Cearbhall Ó Dálaigh, one of four children, was born on 12 February...
had been working on the various options when de Valera's Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
administration was replaced by the First Inter-Party Government under Costello.
The Executive Authority (External Relations) Act 1936 was finally repealed by the Republic of Ireland Act 1948 which came into force on April 18, 1949. The new Act vested the powers possessed by the King in the President of Ireland.