1937 Constitution

What were the main areas of difference between the 1922 and 1937 constitutions?

In this answer, I will be discussing the main areas of difference between 1922 and 1937 constitutions. The 1922 constitution of the Irish Free State was adopted by royal proclamation on the 6th of December 1922 and on previous day was given Royal assent that gave it effect under British law. The 1937 Constitution came into force in 1937 replacing the 1922 Constitution on 29th of December after a national plebiscite. I will be discussing the main areas of change under the areas of how the 1992 constitution was an Anglo Irish constitution and the 1937 was a non-Anglo Irish constitution and as such was an independent constitution. Secondly, the strong influence of

Although the in terms of “operation of government there was no great change”(Coakely Gallagher 2010.) Some of the wording in the articles of the two constitutions being nearly identical with that of its predecessor”(Chubb 1992) Although it is explicitly shown in article 6 which outlines that all governmental power derives from the Irish people. In the preamble of the 1922 constitution it was made clear that Irish free state was still under British rule “in any respect repugnant to any of the provisions of the Scheduled Treaty, it shall, to the extent only of such repugnancy be absolutely void and inoperative” The Irish free state constitution 1922 “gave powers and duties to the executive council as a whole” “(Chubb 1982). The executive committee who job was to advise the governor general who then advised the king. Where as the 1937 constitution invested them in the Taoiseach in a legislative manner. A key difference in addition to these was that an Oireachtas was to be formed made up of a president and two houses the Dail and the Seanad. The Taesoich was given new powers that strengthen his position. An example of this is the “power to call a general election”. (Coakely Gallagher

The 1992 constitution was explicitly religiously neutral where as the 1937 constitution was highly influenced by the Catholic churches social and moral teachings which can be seen through out in its use of expression. The 1922 constitution provided the government with little actual power of ruling the country and instead invested these powers in an executive committee who then advised governor general who reported to the King of Britain. Lastly, citizens’ right also changed and were strongly influenced by Catholic Church.

Bibliography

Chubb, B. (1992). The government and politics of Ireland. 2nd ed. London: Longman, p.18.

Chubb, B. (1991). The politics of the Irish constitution. Dublin: Institute of Public Administration.

Coakley, J. and Gallagher, M. (2010). Politics in the Republic of Ireland. London: Routledge, pp.73 76 77.

Eamon De ,John Charles McQuaid,, (2014). CONSTITUTION OF IRELAND. pp.Articles 2,3 and 5,.

Office of the attonry general, (1922). Constitution of the Irish Free State. p.4th Article.

Oxforddictionaries.com, (2014). constitution: definition of constitution in Oxford dictionary (British & World English). [online] Available at: http://www.oxforddictionaries.com/definition/english/constitution [Accessed 19 Oct.