Constitution of The Irish Free State - Origins

Origins

Irish nationalists who fought the War of Independence believed themselves to be fighting on behalf of a newly formed state called the Irish Republic. The Irish Republic had its own president, an elected assembly called Dáil Éireann, and a judicial system in the form of the Dáil courts. However this self-proclaimed republic was recognised neither by the British government nor any other state. In the negotiations leading to the Anglo-Irish Treaty the British government insisted that the new Irish state must remain within the Commonwealth and not be a republic. Furthermore, while the Irish Republic had a constitution, of sorts, in the form of the Dáil Constitution, this was a very brief document and had been intended to be only provisional. It was therefore clear, when, in 1921, the British government agreed to the creation of a largely independent Irish state, that a new constitution was needed. The Anglo-Irish Treaty made a number of requirements of the new constitution. Among these were that:

  • The new state would be called the Irish Free State and would be a dominion of the British Commonwealth.
  • The King would be the head of state and would be represented by a Governor-General.
  • Members of the Oireachtas (parliament) would swear an oath of allegiance to the Irish Free State and declare their fidelity to the King. This Free State Oath of Allegiance was controversial.
  • Northern Ireland would be included in the Irish Free State unless its Parliament decided to opt out (which it ultimately did).

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