Oireachtas of the Irish Free State
Encyclopedia
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
. It was the first officially recognised independent Irish Parliament outside of Ireland since the historic Parliament of Ireland
which was disbanded with the Act of Union.
The Parliament was bicameral
, consisting of the Dáil Éireann (the lower house) with 153 seats and the Seanad Éireann (the upper house; also known as the 'Senate') with 60 seats. The King
, who was officially represented by the Governor-General
, was also a constitute part of the Oireachtas. The Oireachtas of the Irish Free State were disbanded by the 1937 Constitution of Ireland
which created the modern Oireachtas Éireann
.
Like the modern Oireachtas, the Free State legislature was dominated by the powerful, directly elected Dáil. Unlike the modern organ, the Free State Oireachtas had authority to amend the constitution as it saw fit, without recourse to a referendum. During the Free State it was also the Oireachtas as a whole, rather than the Dáil, that had authority to commit the state to war, although this distinction was not significant in practice.
in Ireland was the Parliament of Ireland
, which was founded in the thirteenth century as the supreme legislative body of the lordship of Ireland and was in existence until 1801. This parliament governed the English-dominated part of Ireland, which at first was limited to Dublin and surrounding cities, but later grew to include the entire island. But the Parliament of Ireland was, from the passage of Poynings' Law (1494) until its repeal in 1782, subordinate to the Parliament of England
, and later Parliament of Great Britain
. This Parliament consisted of the King of Ireland, who was the same person as the King of England
, a House of the Lords
and a House of Commons
. Under the Act of Union 1800 the separate Kingdoms of Ireland
and Great Britain
were merged on 1 January 1801, to form the United Kingdom of Great Britain and Ireland
and the Parliament of the United Kingdom
. Throughout the 19th century Irish opposition to the Union was strong, occasionally erupting in violent insurrection.
The next legislature to exist in Ireland only came into being in 1919. This was an extra-legal, unicameral
parliament established by Irish republicans
, known simply as Dáil Éireann and thus existed outside of British law
. The Dáil was notionally a legislature for the whole island of Ireland. The First Dáil
and the Second Dáil
did not therefore have any recognised legal authority outside of Ireland
. The Third Dáil
was elected under the terms of the Anglo-Irish Treaty
as a constituent assembly to approve the Constitution of the Irish Free State
and pave the way for the creation of the new state. Once the Constitution of the Irish Free State was in effect the Third Dáil served as the lower house of a the Oireachtas. Under the terms of the constitution, however, the Third Dáil merely carried out the functions of the Dáil during this period until a new chamber could be elected. The first Dáil of the Irish Free State was therefore officially the Fourth Dáil, which was elected in 1923.
In 1920, in parallel to the extra-legal Dáil, the British Government
created the Parliament of Southern Ireland
, a Home Rule
legislature
during the Irish War of Independence
under the Fourth Home Rule Bill
. It was designed to legislate for Southern Ireland
, a political entity which was created by the British Government to solve the issue of rising Irish nationalism
and the issue of partitionism
, whilst retaining Ireland
as part of the United Kingdom
. It was made up of the King, the House of Commons of Southern Ireland and the Senate of Southern Ireland. The Parliament of Southern Ireland was formally abolished in 1922 by the Irish Free State (Agreement) Act 1922
, as per the Anglo-Irish Treaty
which was the basis of the Constitution of the Irish Free State
which establishmed the Oireachtas.
There were however also a number of limitations to the Oireachtas power:
The Dáil Éireann (d̪ˠaːlʲ ˈeːrʲən̪ˠ) from 1922 to 1936 served as the directly elected lower house
of the Oireachtas of the Irish Free State
, and from 1936 to 1937 the sole chamber
. The Constitution of the Irish Free State
described the role of the house as one of a "Chamber of Deputies
". It sat in Leinster House
. Like the modern Dáil, the Dáil was, the dominant component of the legislature; and effectively had authority to enact almost any law it chose, and to appoint and dismiss the President of the Executive Council
. The Dáil was disbanded and replaced with the creation of the modern 'Dáil Éireann
' under the terms of the 1937 Constitution of Ireland
.
membership of the Dáil was open to all citizens who had reached the age of twenty-one. However those who were legally disqualified or who were members of the Seanad were excluded. For most of the period of the Irish Free State the constitution also contained a controversial requirement that all members of the Oireachtas swear an oath of fidelity to the King, as well as an Oath of Allegiance
to the constitution of the Free State. The oath was, however, abolished by a constitutional amendment in 1936.
The Dáil was elected on the basis of universal adult suffrage by "proportional representation" and the Single Transferable Vote
. However the franchise was restricted to those over twenty-one. As adopted the constitution required that a Dáil's term would last for four years, unless the law specified a shorter period or the house was dissolved early. However after changes to the constitution and the law in 1927, the constitutional maximum became six years, and the legal maximum five. The Dáil could theoretically have been dissolved at any time by the King
, acting on the advice of Executive Council, but it is probable that the Free State would have broken all constitutional ties if that had happened.
While every Irish Government since 1937 has restricted Dáil constituencies to a maximum of five seats, during the Irish Free State there were several six, seven and eight seat constituencies. During the Irish Free State Galway
was a single nine seat constituency. As well as geographical constituencies two university constituencies
: University of Dublin and the National University of Ireland
. The franchise for the university constituencies was open to all those who had been awarded degrees from either institution. However anyone voting in a university constituency was excluded from voting in their geographical district. The constitution required that each return three TD
s, regardless of population. Because these constituencies had much lower populations that the ordinary geographical constituencies this resulted in malapportionment. The university constituencies were abolished in 1936 under the Constitution (Amendment No. 23) Act and the Electoral (University Constituencies) Act. However, in 1937 university constituencies would be revived for the newly created Seanad
.
The following general election
s took place to the Free State Dáil during its existence:
The Constitution of the Irish Free State provided that the President of the Executive Council would be appointed by the King "on the nomination of" the Dáil and that the Executive Council
as a whole had to resign en bloc if it lost the confidence of the lower house. In practice these provision meant that the President was chosen by the Dáil, which could bring down his cabinet by a vote of no confidence, or failure to approve a vote of confidence. A constitutional amendment passed in 1936 removed the role of the King entirely and provided that, in the final months of the Free State, the President would be elected by the Dáil directly, rather than merely being 'nominated' by the lower house.
Technically a bill had to be approved by both Houses of the Oireachtas and to receive the Royal Assent
in order to become law. However, in practice it was the Dáil that decided what laws would be enacted and repealed. Before its complete abolition the Free State Seanad merely had power to delay legislation.
While during the early years of the Irish Free State there existed a theoretical possibility that the King, or the Governor-General acting on his behalf, might veto an act of the Oireachtas or dismiss the Executive Council against the wishes of the Dáil. With the passage of the Royal and Parliamentary Titles Act 1927
the British Government lost the right to formally advise the King in relation to the Irish Free State and so the possibility of the Governor-General taking any action without the approval of the other institutions of government was a remote possibility.
Unlike its modern successor, the Dáil did not have authority to declare war, this power being reserved for the Oireachtas as a whole. However in practice this distinction was not important. During the later days of the Irish Free State the Dáil, as the dominant component of the Oireachtas, had the effective authority to amend the constitution in any way it chose. Today this is a level of authority that no Dáil has had since 1941.
of the Oireachtas of the Irish Free State from 1922 until 1936. It is sometimes referred to as the 'First Seanad'. The Seanad was established under the 1922 Constitution of the Irish Free State but a number of constitutional amendments were subsequently made to change the manner of its election and it powers. It was abolished in 1936 when it attempted to obstruct constitutional reforms favoured by the government. It sat in Leinster House
.
, which can only delay normal legislation for three months. As originally adopted the constitution provided that the Seanad had power to delay a money bill
for 21 days and delay any other bill for 270 days. The Constitution (Amendment No. 13) Act, passed on 23 July 1928 extended the Seanad's power of delay over (non-money) legislation from 9 months to 20 months.
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
of 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...
from 1922 until 1937. It was established by the 1922 Constitution of Ireland
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...
which was based from the Anglo-Irish Treaty
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
. It was the first officially recognised independent Irish Parliament outside of Ireland since the historic Parliament of Ireland
Parliament of Ireland
The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...
which was disbanded with the Act of Union.
The Parliament was bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
, consisting of the Dáil Éireann (the lower house) with 153 seats and the Seanad Éireann (the upper house; also known as the 'Senate') with 60 seats. The King
Monarchy in the Irish Free State
The Irish Free State was, in accordance with its constitution, governed formally under a form of constitutional monarchy. The British monarch was the head of state of the Irish Free State from 1922 to 1931, when the Statute of Westminster came into effect, and thereafter the Irish Free State had a...
, who was officially represented by the 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...
, was also a constitute part of the Oireachtas. The Oireachtas of the Irish Free State were disbanded by the 1937 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...
which created the modern Oireachtas Éireann
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
.
Like the modern Oireachtas, the Free State legislature was dominated by the powerful, directly elected Dáil. Unlike the modern organ, the Free State Oireachtas had authority to amend the constitution as it saw fit, without recourse to a referendum. During the Free State it was also the Oireachtas as a whole, rather than the Dáil, that had authority to commit the state to war, although this distinction was not significant in practice.
History
The earliest parliamentParliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
in Ireland was the Parliament of Ireland
Parliament of Ireland
The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...
, which was founded in the thirteenth century as the supreme legislative body of the lordship of Ireland and was in existence until 1801. This parliament governed the English-dominated part of Ireland, which at first was limited to Dublin and surrounding cities, but later grew to include the entire island. But the Parliament of Ireland was, from the passage of Poynings' Law (1494) until its repeal in 1782, subordinate to the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
, and later Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
. This Parliament consisted of the King of Ireland, who was the same person as the King of England
Monarchy of the United Kingdom
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...
, a House of the Lords
Irish House of Lords
The Irish House of Lords was the upper house of the Parliament of Ireland that existed from mediaeval times until 1800. It was abolished along with the Irish House of Commons by the Act of Union.-Function:...
and a House of Commons
Irish House of Commons
The Irish House of Commons was the lower house of the Parliament of Ireland, that existed from 1297 until 1800. The upper house was the House of Lords...
. Under the Act of Union 1800 the separate Kingdoms of Ireland
Kingdom of Ireland
The Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...
and Great Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
were merged on 1 January 1801, to form the United Kingdom of Great Britain and Ireland
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
and the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. Throughout the 19th century Irish opposition to the Union was strong, occasionally erupting in violent insurrection.
The next legislature to exist in Ireland only came into being in 1919. This was an extra-legal, unicameral
Unicameralism
In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...
parliament established by Irish republicans
Irish Republicanism
Irish republicanism is an ideology based on the belief that all of Ireland should be an independent republic.In 1801, under the Act of Union, the Kingdom of Great Britain and the Kingdom of Ireland merged to form the United Kingdom of Great Britain and Ireland...
, known simply as Dáil Éireann and thus existed outside of British law
Law of the United Kingdom
The United Kingdom has three legal systems. English law, which applies in England and Wales, and Northern Ireland law, which applies in Northern Ireland, are based on common-law principles. Scots law, which applies in Scotland, is a pluralistic system based on civil-law principles, with common law...
. The Dáil was notionally a legislature for the whole island of Ireland. The First Dáil
First Dáil
The First Dáil was Dáil Éireann as it convened from 1919–1921. In 1919 candidates who had been elected in the Westminster elections of 1918 refused to recognise the Parliament of the United Kingdom and instead assembled as a unicameral, revolutionary parliament called "Dáil Éireann"...
and the Second Dáil
Second Dáil
The Second Dáil was Dáil Éireann as it convened from 16 August 1921 until 8 June 1922. From 1919–1922 Dáil Éireann was the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consisted of members elected in 1921...
did not therefore have any recognised legal authority outside of Ireland
Irish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...
. The Third Dáil
Third Dáil
The Third Dáil, also known as the Provisional Parliament or the Constituent Assembly, was:*the "provisional parliament" or "constituent assembly" of Southern Ireland from 9 August 1922 until 6 December 1922; and...
was elected under the terms of the Anglo-Irish Treaty
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
as a constituent assembly to approve the Constitution of the Irish Free State
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...
and pave the way for the creation of the new state. Once the Constitution of the Irish Free State was in effect the Third Dáil served as the lower house of a the Oireachtas. Under the terms of the constitution, however, the Third Dáil merely carried out the functions of the Dáil during this period until a new chamber could be elected. The first Dáil of the Irish Free State was therefore officially the Fourth Dáil, which was elected in 1923.
In 1920, in parallel to the extra-legal Dáil, the British Government
Government of the United Kingdom
Her Majesty's Government is the central government of the United Kingdom of Great Britain and Northern Ireland. The Government is led by the Prime Minister, who selects all the remaining Ministers...
created the Parliament of Southern Ireland
Parliament of Southern Ireland
The Parliament of Southern Ireland was a home rule legislature set up by the British Government during the Irish War of Independence under the Fourth Home Rule Bill...
, a Home Rule
Home rule
Home rule is the power of a constituent part of a state to exercise such of the state's powers of governance within its own administrative area that have been devolved to it by the central government....
legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
during the Irish War of Independence
Irish War of Independence
The Irish War of Independence , Anglo-Irish War, Black and Tan War, or Tan War was a guerrilla war mounted by the Irish Republican Army against the British government and its forces in Ireland. It began in January 1919, following the Irish Republic's declaration of independence. Both sides agreed...
under the Fourth Home Rule Bill
Government of Ireland Act 1920
The Government of Ireland Act 1920 was the Act of the Parliament of the United Kingdom which partitioned Ireland. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or as the Fourth Home Rule Act.The Act was intended...
. It was designed to legislate for Southern Ireland
Southern Ireland
Southern Ireland was a short-lived autonomous region of the United Kingdom established on 3 May 1921 and dissolved on 6 December 1922.Southern Ireland was established under the Government of Ireland Act 1920 together with its sister region, Northern Ireland...
, a political entity which was created by the British Government to solve the issue of rising Irish nationalism
Irish nationalism
Irish nationalism manifests itself in political and social movements and in sentiment inspired by a love for Irish culture, language and history, and as a sense of pride in Ireland and in the Irish people...
and the issue of partitionism
Partitionism
In Ireland, partitionism refers to views on Irish politics, culture, geography or history that treat Northern Ireland and the Republic of Ireland as distinct. Partitionists may emphasise the perceived differences between the two jurisdictions and the people who live within them...
, whilst retaining Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
as part of the United Kingdom
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
. It was made up of the King, the House of Commons of Southern Ireland and the Senate of Southern Ireland. The Parliament of Southern Ireland was formally abolished in 1922 by the Irish Free State (Agreement) Act 1922
Irish Free State (Agreement) Act 1922
The Irish Free State Act 1922 was an Act of the British Parliament passed on 31 March 1922. It gave the force of law to the Anglo-Irish Treaty, which was scheduled to the Act.-Main provisions:...
, as per the Anglo-Irish Treaty
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
which was the basis of the Constitution of the Irish Free State
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...
which establishmed the Oireachtas.
Powers
Under the constitution the Oireachtas had exclusive authority to:- Legislate, including approving the budget.
- Create subordinate legislatures.
- Amend the ConstitutionConstitution of the Irish Free StateThe 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...
. - Permit the state to participate in a war.
- Raise and control armed forces.
There were however also a number of limitations to the Oireachtas power:
- Laws or constitutional amendments were invalid if they violated the Anglo-Irish Treaty.
- It could not retrospectively criminalise acts that were not illegal at the time they were committed.
- Until the 1931 Statute of WestminsterStatute of Westminster 1931The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
, the British ParliamentParliament of the United KingdomThe Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
retained the power, in theory, to legislate for the Irish Free State without its consent. - The Oireachtas could only legislate for the Irish Free State (defined as the area which had previously been known as Southern IrelandSouthern IrelandSouthern Ireland was a short-lived autonomous region of the United Kingdom established on 3 May 1921 and dissolved on 6 December 1922.Southern Ireland was established under the Government of Ireland Act 1920 together with its sister region, Northern Ireland...
), and not for Northern IrelandNorthern IrelandNorthern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
1936–1937
A series of constitutional amendments in 1936 substantially altered the functioning of the Oireachtas:- The King ceased to be a part of the Oireachtas, and the responsibility for signing bills into law became a formality exercised by the Ceann ComhairleCeann ComhairleThe Ceann Comhairle is the chairman of Dáil Éireann, the lower house of the Oireachtas of Ireland. The person who holds the position is elected by members of the Dáil from among their number in the first session after each general election...
. - The Seanad was abolished so the Irish Free State Oireachtas consisted solely of the Dáil.
- The original oath was abolished.
- The requirement for laws and constitutional amendments to comply with the Anglo-Irish Treaty was removed.
- The power to dissolve the legislature was exercised by the Ceann Comhairle when instructed to do so by the President of the Executive CouncilPresident of the Executive Council of the Irish Free StateThe President of the Executive Council of the Irish Free State was the head of government or prime minister of the Irish Free State which existed from 1922 to 1937...
.
Dáil Éireann
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...
of the Oireachtas of 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...
, and from 1936 to 1937 the sole chamber
Unicameralism
In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...
. The Constitution of the Irish Free State
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...
described the role of the house as one of a "Chamber of Deputies
Chamber of Deputies
Chamber of deputies is the name given to a legislative body such as the lower house of a bicameral legislature, or can refer to a unicameral legislature.-Description:...
". It sat in Leinster House
Leinster House
Leinster House is the name of the building housing the Oireachtas, the national parliament of Ireland.Leinster House was originally the ducal palace of the Dukes of Leinster. Since 1922, it is a complex of buildings, of which the former ducal palace is the core, which house Oireachtas Éireann, its...
. Like the modern Dáil, the Dáil was, the dominant component of the legislature; and effectively had authority to enact almost any law it chose, and to appoint and dismiss the President of the Executive Council
President of the Executive Council of the Irish Free State
The President of the Executive Council of the Irish Free State was the head of government or prime minister of the Irish Free State which existed from 1922 to 1937...
. The Dáil was disbanded and replaced with the creation of the modern 'Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
' under the terms of the 1937 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...
.
Composition and elections
Under 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...
membership of the Dáil was open to all citizens who had reached the age of twenty-one. However those who were legally disqualified or who were members of the Seanad were excluded. For most of the period of the Irish Free State the constitution also contained a controversial requirement that all members of the Oireachtas swear an oath of fidelity to the King, as well as an Oath of Allegiance
Oath of Allegiance (Ireland)
The Irish Oath of Allegiance was a controversial provision in the Anglo-Irish Treaty of 1921, which Irish TDs and Senators were required to take, in order to take their seats in Dáil Éireann and Seanad Éireann .-Text of the Oath:The Oath was included in Article 17 of the Irish Free State's 1922...
to the constitution of the Free State. The oath was, however, abolished by a constitutional amendment in 1936.
The Dáil was elected on the basis of universal adult suffrage by "proportional representation" and the Single Transferable Vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...
. However the franchise was restricted to those over twenty-one. As adopted the constitution required that a Dáil's term would last for four years, unless the law specified a shorter period or the house was dissolved early. However after changes to the constitution and the law in 1927, the constitutional maximum became six years, and the legal maximum five. The Dáil could theoretically have been dissolved at any time by the King
Monarchy in the Irish Free State
The Irish Free State was, in accordance with its constitution, governed formally under a form of constitutional monarchy. The British monarch was the head of state of the Irish Free State from 1922 to 1931, when the Statute of Westminster came into effect, and thereafter the Irish Free State had a...
, acting on the advice of Executive Council, but it is probable that the Free State would have broken all constitutional ties if that had happened.
While every Irish Government since 1937 has restricted Dáil constituencies to a maximum of five seats, during the Irish Free State there were several six, seven and eight seat constituencies. During the Irish Free State Galway
County Galway
County Galway is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the city of Galway. Galway County Council is the local authority for the county. There are several strongly Irish-speaking areas in the west of the county...
was a single nine seat constituency. As well as geographical constituencies two university constituencies
University constituency
A university constituency is a constituency, used in elections to a legislature, that represents a university rather than a geographical area. University constituencies may involve plural voting, in which eligible voters are permitted to vote in both a university constituency and a geographical...
: University of Dublin and the National University of Ireland
National University of Ireland (constituency)
National University of Ireland is a parliamentary constituency in Ireland, through which graduates of the National University of Ireland have elected members of various legislative bodies including currently Seanad Éireann.-Summary:...
. The franchise for the university constituencies was open to all those who had been awarded degrees from either institution. However anyone voting in a university constituency was excluded from voting in their geographical district. The constitution required that each return three TD
Teachta Dála
A Teachta Dála , usually abbreviated as TD in English, is a member of Dáil Éireann, the lower house of the Oireachtas . It is the equivalent of terms such as "Member of Parliament" or "deputy" used in other states. The official translation of the term is "Deputy to the Dáil", though a more literal...
s, regardless of population. Because these constituencies had much lower populations that the ordinary geographical constituencies this resulted in malapportionment. The university constituencies were abolished in 1936 under the Constitution (Amendment No. 23) Act and the Electoral (University Constituencies) Act. However, in 1937 university constituencies would be revived for the newly created Seanad
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
.
The following general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
s took place to the Free State Dáil during its existence:
- 1922 general electionIrish general election, 1922The Irish general election of 1922 took place in Southern Ireland on 16 June 1922, under the provisions of the 1921 Anglo-Irish Treaty to elect a constituent assembly paving the way for the formal establishment of the Irish Free State...
. - 1923 general electionIrish general election, 1923The Irish general election of 1923 was held on 27 August 1923. The newly elected members of the 4th Dáil assembled at Leinster House on 19 September when the new President of the Executive Council and Executive Council of the Irish Free State were appointed. The election was held just after the end...
. - 1927 general election (June).
- 1927 general election (September).
- 1932 general electionIrish general election, 1932The 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...
. - 1933 general electionIrish general election, 1933The Irish general election of 1933 was held on 24 January 1933. The newly elected members of the 8th Dáil assembled at Leinster House on 8 February when the new President of the Executive Council and Executive Council of the Irish Free State were appointed....
. - 1937 general electionIrish general election, 1937The Irish general election of 1937 was held on 1 July 1937, just over two weeks after the dissolution of the Dáil on 14 June. A plebiscite to ratify the Constitution of Ireland was held on the same day...
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Powers
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...
as a whole had to resign en bloc if it lost the confidence of the lower house. In practice these provision meant that the President was chosen by the Dáil, which could bring down his cabinet by a vote of no confidence, or failure to approve a vote of confidence. A constitutional amendment passed in 1936 removed the role of the King entirely and provided that, in the final months of the Free State, the President would be elected by the Dáil directly, rather than merely being 'nominated' by the lower house.
Technically a bill had to be approved by both Houses of the Oireachtas and to receive the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
in order to become law. However, in practice it was the Dáil that decided what laws would be enacted and repealed. Before its complete abolition the Free State Seanad merely had power to delay legislation.
While during the early years of the Irish Free State there existed a theoretical possibility that the King, or the Governor-General acting on his behalf, might veto an act of the Oireachtas or dismiss the Executive Council against the wishes of the Dáil. With the passage of the Royal and Parliamentary Titles Act 1927
Royal and Parliamentary Titles Act 1927
The Royal and Parliamentary Titles Act 1927 [17 & 18 Geo. 5 c. 4] was an Act of Parliament of the United Kingdom that authorised the alteration of the British monarch's royal style and titles, and altered the formal name of the British Parliament, in recognition of much of Ireland separating from...
the British Government lost the right to formally advise the King in relation to the Irish Free State and so the possibility of the Governor-General taking any action without the approval of the other institutions of government was a remote possibility.
Unlike its modern successor, the Dáil did not have authority to declare war, this power being reserved for the Oireachtas as a whole. However in practice this distinction was not important. During the later days of the Irish Free State the Dáil, as the dominant component of the Oireachtas, had the effective authority to amend the constitution in any way it chose. Today this is a level of authority that no Dáil has had since 1941.
Seanad Éireann
The Seanad Éireann (ˈʃan̪ˠəd̪ˠ ˈeːɾʲən̪ˠ; Senate of Ireland) was the upper houseUpper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
of the Oireachtas of the Irish Free State from 1922 until 1936. It is sometimes referred to as the 'First Seanad'. The Seanad was established under the 1922 Constitution of the Irish Free State but a number of constitutional amendments were subsequently made to change the manner of its election and it powers. It was abolished in 1936 when it attempted to obstruct constitutional reforms favoured by the government. It sat in Leinster House
Leinster House
Leinster House is the name of the building housing the Oireachtas, the national parliament of Ireland.Leinster House was originally the ducal palace of the Dukes of Leinster. Since 1922, it is a complex of buildings, of which the former ducal palace is the core, which house Oireachtas Éireann, its...
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Powers
The Seanad was subordinate to Dáil and could delay but not veto decisions of that house. Nonetheless, the Seanad had more power than its successor, the modern SeanadSeanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
, which can only delay normal legislation for three months. As originally adopted the constitution provided that the Seanad had power to delay a money bill
Money bill
In the Westminster system , a money bill or supply bill is a bill that solely concerns taxation or government spending , as opposed to changes in public law.- Conventions :...
for 21 days and delay any other bill for 270 days. The Constitution (Amendment No. 13) Act, passed on 23 July 1928 extended the Seanad's power of delay over (non-money) legislation from 9 months to 20 months.