Oireachtas of The Irish Free State - Powers

Powers

Under the constitution the Oireachtas had exclusive authority to:

  • Legislate, including approving the budget.
  • Create subordinate legislatures.
  • Amend the Constitution.
  • 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 Westminster, the British Parliament 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 Ireland), and not for Northern Ireland.

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