Abolition of Withhold and Reserve Powers
In late 1933, the Oireachtas passed the Constitution (Amendment No. 21) Act, 1933 to abolish the power of the Governor-General to reserve or withhold Royal Assent from Bills.
The original Article 41 is shown below, with the section deleted indicated.
- So soon as any Bill shall have been passed or deemed to have been passed by both Houses, the Executive Council shall present the same to the Representative of the Crown for the signification by him, in the King's name, of the King's assent,
and such Representative may withhold the King's assent or reserve the Bill for the signification of the King's pleasure: Provided that the Representative of the Crown shall in the withholding of such assent to or the reservation of any Bill, act in accordance with the law, practice, and constitutional usage governing the like withholding of assent or reservation in the Dominion of Canada.
A Bill reserved for the signification of the King's Pleasure shall not have any force unless and until within one year from the day on which it was presented to the Representative of the Crown for the King's Assent, the Representative of the Crown signifies by speech or message to each of the Houses of the Oireachtas, or by proclamation, that it has received the Assent of the King in Council.
An entry of every such speech, message or proclamation shall be made in the Journal of each House and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the Records of the Irish Free State (Saorstát Éireann).
The effect of the change was both to dramatically limit the Governor-General's powers and to prevent any role for the King-in-Council in lawmaking in the Irish Free State. The right of appeal to the Judicial Committee of the Privy Council was also abolished in 1933 in the Constitution (Amendment No.22) Act, 1933 while the Constitution (Amendment No. 20) Act, 1933 abolished the Governor-General's role in formally recommending the appropriation of funds to the Dáil by message. That role was instead given directly to the Executive Council.
The series of three constitutional amendments in 1933 severely curtailed the role of the Governor-General of the Irish Free State.
Read more about this topic: Royal Assent (Ireland)
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