British Nationality Law and The Republic of Ireland - Other Developments During 1935-1949

Other Developments During 1935-1949

In 1933 the Fianna Fáil party, led by Éamon de Valera, won the Irish general election, and began to put forward a series of reforms intended to more strongly assert Irish independence. One such reform was the Irish Nationality and Citizenship Act 1935, which received the royal assent on 10 April 1935. The 1935 Act was the first example of a Commonwealth member country passing legislation to create its own citizenship distinct from the status of "British subject", and it expressly repealed (s. 33) both the British nationality legislation and common law carried over at independence.

When the Irish Free State was reconstituted as "Ireland" in 1937, following the enactment of the Constitution of Ireland (Bunreacht na hÉireann), domestic Irish nationality law was left unchanged. Within the United Kingdom's own law, references to the Irish Free State were soon after replaced with references to "Eire" (the Irish language name for "Ireland" ("Éire"), misspelt without the accent).

British nationality law continued to recognise citizens of Ireland/Eire as holding the status of British subjects until the British Nationality Act 1948 came into force on 1 January 1949.

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