John Charles McQuaid - "Co-maker of The Constitution" 1937

"Co-maker of The Constitution" 1937

In 1937 a new Irish Constitution was adopted which, inter alia, acknowledged the "special position" of the Catholic Church "as the guardian of the Faith professed by the great majority of the citizens." It also forbad any established state church and encouraged freedom of religion.

Chapter 8 of John Cooney's "John Charles McQuaid, Ruler of Catholic Ireland" is entitled "Co-maker of the Constitution" and begins:

From early 1937 Eamonn de Valera was bombarded with letters daily - sometimes twice a day - from Fr. John McQuaid C.S.Sp. They were crammed with suggestions, viewpoints, documents and learned references on nearly every aspect on what was to become Bunreacht na hEireann - the Constitution of Ireland. McQuaid was the persistent adviser, 'one of the great architects of the Constitution, albeith in the shadows'. However, McQuaid's efforts to enshrine the absolute claims of the Catholic Church as the Church of Christ were frustrated by de Valera.

In contrast historian Dermot Keogh (co-author with Andrew McCarthy of "The Making of the Irish Constitution 1937") has written:

The chapter entitled "Co-maker of the Constitution", is an example of this overstatement. The author does not appear to understand the complexity involved in handling the McQuaid papers relating to the drafting process. Many documents are undated and it is quite difficult to determine their respective influence on those who drafted the final document. The term ‘co-maker’ implies that the archbishop enjoyed an equal share with de Valera. However, this is to further compound a fundamental misunderstanding of the drafting process: de Valera was not the ‘other’ author of the 1937 constitution.

To over-personalise in this way the functioning of government under Fianna Fáil is to distort a complex reality. If there was a single author of the 1937 constitution then that author must have been John Hearne, the legal officer in the Department of External Affairs. Maurice Moynihan was also a significant force. McQuaid played an important role in the whole process. That is not in dispute. But to suggest that he was the "co-maker" of the constitution is simply not defensible.

The judgements of serious historians on this issue have not penetrated to the intellectual level of journalists. On 6 August 2009 the Irish Times published an article "Ayatollah would have seen McQuaid as kindred spirit" which declared that:

Ayatollah Khomeini would have recognised a kindred spirit in the late Archbishop John Charles McQuaid, the man who virtually ghost-wrote de Valera’s 1937 Constitution.

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