Irish head of state from 1936-1949
Encyclopedia
During the period from December 1936 to April 1949 it was unclear whether or not the Irish state was a republic
or a form of constitutional monarchy
and (from 1937) whether its head of state
was the President of Ireland
or the King of Ireland
, George VI
. The exact constitutional status of the state during this period has been a matter of scholarly and political dispute.
is the successor-state to the Irish Free State
which was established in 1922. The Free State was governed, until at least 1936, under a form of constitutional monarchy; the King had a number of important duties, including exercising the executive
authority of the state, appointing the cabinet and promulgating the law. However, in 1936, the Free State constitution was amended to remove all of the functions performed by the King except one, that of representing the state abroad. The outcome of the constitutional change made in 1936 was that, while he was mentioned nowhere explicitly in the constitution, Irish ministers continued to sign international treaties in the King's name, and the King continued to accredit Irish ambassadors, and receive the letters of credence of foreign diplomats.
In 1937 a new constitution was adopted which renamed the state to simply 'Ireland' and entrenched the monarch's diminished role, transferring many of the functions performed by the King until 1936 to a new office of President of Ireland, who was declared to "take precedence over all other persons in the State". However, the 1937 constitution did not explicitly declare that the state was a republic, nor that the president was head of state, and it allowed the King to retain his role in foreign affairs. The state's ambiguous status ended in 1949, when the Republic of Ireland Act stripped the King of his role in foreign affairs and declared that the state was a republic.
The status of the Head of the Irish State from 1936 to 1949 was largely a matter of symbolism and had little practical significance. This was because the roles of both the King and the President of Ireland were merely ceremonial, being exercisable only "on the advice" of the Government
(Cabinet). However, one practical implication of explicitly declaring the state to be a republic in 1949 was that it automatically terminated the state's membership of the then British Commonwealth
, in accordance with the rules in operation at the time.
. An amendment made to the Free State constitution
in 1936 changed all this. The Constitution (Amendment No. 27) Act 1936 abolished the post of Governor-General in constitutional law and transferred most of the King's functions to other organs of government. Thus, for example, the executive power was transferred directly to the Executive Council
, the right to appoint the President of the Executive Council
(head of government
) was explicitly vested in Dáil Éireann
(the lower house of parliament), and the power to promulgate legislation was transferred to the Ceann Comhairle
(chairman) of the Dáil. However the constitutional amendment also provided, without mentioning the monarch specifically, that he might continue to represent the state abroad:
The nations referred to in Article 1 were the other members of the then British Commonwealth, who at that time all shared the British monarch as head of state. The External Relations Act, adopted shortly after the constitutional amendment, gave life to this provision by providing that:
, adopted in 1937, filled the gap left by the abolition of the King's Governor-General by creating the post of a directly elected president. The President of Ireland was hence-forth responsible for the ceremonial functions of dissolving the legislature, appointing the Government and promulgating the law. The role of exercising executive authority, often vested in a head of state, was instead granted to the Government. The constitution also, like the 1922 constitution that preceded it, contained many provisions typical of those found in republican constitutions, stating, for example, that sovereignty resided in the people, and prohibiting the granting of titles of nobility.
Nonetheless the government of Éamon de Valera
, which drafted and introduced the constitution consciously chose not to declare a republic, and decided to name the state simply 'Ireland' or 'Éire', rather than the 'Republic of Ireland' or the 'Irish Republic'.
Thus the new constitution did not explicitly declare that the president would be head of state, providing, merely, that he would "take precedence over all other persons in the State". Nor did the new document mention the word 'republic'. Most crucially, Article 28 or the new constitution mirrored Article 51 of its predecessor, by permitting the state to allow its external relations to the be exercised by the King. Article 28.2 provided that:
This provision meant that the External Relations Act continued to have the force of law until the legislature decided otherwise, and so the King, as head of the Commonwealth, continued to represent the state abroad.
Asked to explain the country's status in 1945, de Valera insisted that it was a republic. He told the Dáil that:
Referring to the External Relations Act he insisted that:
Despite de Valera's views, many political scholars consider representing a nation abroad to be the key defining role of a head of state. This view was echoed by the Taoiseach John A. Costello
in a debate in Seanad Éireann
(the Irish Senate) in December 1948, when he argued that the Republic of Ireland Bill he was introducing would make the President of Ireland the Irish head of state, the man who "ought to have been" but wasn't. Despite this conflict, de Valera's party, as the main opposition in the Dáil at the time, decided not to oppose Costello's bill.
The Act also had the effect of automatically terminating the state's membership of the Commonwealth. The fact that he was now clearly and unambiguously the Irish head of state was celebrated by President Seán T. O'Kelly
by visits to the Holy See
and France
. A visit to meet George VI in Buckingham Palace
was also provisionally planned, but timetabling problems with the President's schedule prevented the meeting.
In 1953 the title of the monarch within the United Kingdom
and its dependent territories was changed from "[Queen] of Great Britain, Ireland and the British Dominions beyond the Seas..." to "[Queen] of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories...".
, being:
The King's title during this period was never simply "King of Ireland".
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
or a form of constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
and (from 1937) whether its head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
was the President of Ireland
President of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
or the King of Ireland
King of Ireland
A monarchical polity has existed in Ireland during three periods of its history, finally ending in 1801. The designation King of Ireland and Queen of Ireland was used during these periods...
, George VI
George VI of the United Kingdom
George VI was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death...
. The exact constitutional status of the state during this period has been a matter of scholarly and political dispute.
Overview
The state known today as IrelandNames of the Irish state
There have been various names of the Irish state, some of which have been controversial. The constitutional name of the contemporary state is Ireland, the same as the island of Ireland, of which it comprises the major portion...
is the successor-state to the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
which was established in 1922. The Free State was governed, until at least 1936, under a form of constitutional monarchy; the King had a number of important duties, including exercising the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
authority of the state, appointing the cabinet and promulgating the law. However, in 1936, the Free State constitution was amended to remove all of the functions performed by the King except one, that of representing the state abroad. The outcome of the constitutional change made in 1936 was that, while he was mentioned nowhere explicitly in the constitution, Irish ministers continued to sign international treaties in the King's name, and the King continued to accredit Irish ambassadors, and receive the letters of credence of foreign diplomats.
In 1937 a new constitution was adopted which renamed the state to simply 'Ireland' and entrenched the monarch's diminished role, transferring many of the functions performed by the King until 1936 to a new office of President of Ireland, who was declared to "take precedence over all other persons in the State". However, the 1937 constitution did not explicitly declare that the state was a republic, nor that the president was head of state, and it allowed the King to retain his role in foreign affairs. The state's ambiguous status ended in 1949, when the Republic of Ireland Act stripped the King of his role in foreign affairs and declared that the state was a republic.
The status of the Head of the Irish State from 1936 to 1949 was largely a matter of symbolism and had little practical significance. This was because the roles of both the King and the President of Ireland were merely ceremonial, being exercisable only "on the advice" of the Government
Irish Government
The Government of Ireland is the cabinet that exercises executive authority in Ireland.-Members of the Government:Membership of the Government is regulated fundamentally by the Constitution of Ireland. The Government is headed by a prime minister called the Taoiseach...
(Cabinet). However, one practical implication of explicitly declaring the state to be a republic in 1949 was that it automatically terminated the state's membership of the then British Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
, in accordance with the rules in operation at the time.
Constitutional and legal changes of 1936
As founded in 1922, the Irish Free State was headed by the monarch but most of his functions were performed on his behalf by the Governor-GeneralGovernor-General of the Irish Free State
The Governor-General was the representative of the King in the 1922–1937 Irish Free State. Until 1927 he was also the agent of the British government in the Irish state. By convention the office of Governor-General was largely ceremonial...
. An amendment made to the Free State constitution
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
in 1936 changed all this. The Constitution (Amendment No. 27) Act 1936 abolished the post of Governor-General in constitutional law and transferred most of the King's functions to other organs of government. Thus, for example, the executive power was transferred directly to the Executive Council
Executive Council of the Irish Free State
The Executive Council was the cabinet and de facto executive branch of government of the 1922–1937 Irish Free State. Formally, the role of the Executive Council was to "aid and advise" the Governor-General who would exercise the executive authority on behalf of the King...
, the right to appoint the President of the Executive Council
President of the Executive Council of the Irish Free State
The President of the Executive Council of the Irish Free State was the head of government or prime minister of the Irish Free State which existed from 1922 to 1937...
(head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
) was explicitly vested in Dáil Éireann
Dáil Éireann (Irish Free State)
Dáil Éireann served as the directly elected lower house of the Oireachtas of the Irish Free State from 1922 to 1937. The Free State constitution described the role of the house as that of a "Chamber of Deputies". Until 1936 the Free State Oireachtas also included an upper house known as the Seanad...
(the lower house of parliament), and the power to promulgate legislation was transferred to the Ceann Comhairle
Ceann Comhairle
The Ceann Comhairle is the chairman of Dáil Éireann, the lower house of the Oireachtas of Ireland. The person who holds the position is elected by members of the Dáil from among their number in the first session after each general election...
(chairman) of the Dáil. However the constitutional amendment also provided, without mentioning the monarch specifically, that he might continue to represent the state abroad:
The nations referred to in Article 1 were the other members of the then British Commonwealth, who at that time all shared the British monarch as head of state. The External Relations Act, adopted shortly after the constitutional amendment, gave life to this provision by providing that:
Constitution of 1937
The Constitution of IrelandConstitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
, adopted in 1937, filled the gap left by the abolition of the King's Governor-General by creating the post of a directly elected president. The President of Ireland was hence-forth responsible for the ceremonial functions of dissolving the legislature, appointing the Government and promulgating the law. The role of exercising executive authority, often vested in a head of state, was instead granted to the Government. The constitution also, like the 1922 constitution that preceded it, contained many provisions typical of those found in republican constitutions, stating, for example, that sovereignty resided in the people, and prohibiting the granting of titles of nobility.
Nonetheless the government of Éamon de Valera
Éamon de Valera
Éamon de Valera was one of the dominant political figures in twentieth century Ireland, serving as head of government of the Irish Free State and head of government and head of state of Ireland...
, which drafted and introduced the constitution consciously chose not to declare a republic, and decided to name the state simply 'Ireland' or 'Éire', rather than the 'Republic of Ireland' or the 'Irish Republic'.
Thus the new constitution did not explicitly declare that the president would be head of state, providing, merely, that he would "take precedence over all other persons in the State". Nor did the new document mention the word 'republic'. Most crucially, Article 28 or the new constitution mirrored Article 51 of its predecessor, by permitting the state to allow its external relations to the be exercised by the King. Article 28.2 provided that:
This provision meant that the External Relations Act continued to have the force of law until the legislature decided otherwise, and so the King, as head of the Commonwealth, continued to represent the state abroad.
Debate
Until the Republic of Ireland Act came into force in April 1949, the President of Ireland had no international role. Nonetheless from 1936 until 1949 the role of the King in the Irish state was invisible to most Irish people. The monarch never visited the state during that period and, due to the abolition of the office of Governor-General, had no official representative there. The president, on the other hand, played a key role in important public ceremonies. Due to his role in foreign relations, however, almost every state with which the state had diplomatic relations concluded that it was the King who was head of state.Asked to explain the country's status in 1945, de Valera insisted that it was a republic. He told the Dáil that:
Referring to the External Relations Act he insisted that:
Despite de Valera's views, many political scholars consider representing a nation abroad to be the key defining role of a head of state. This view was echoed by the Taoiseach John A. Costello
John A. Costello
John Aloysius Costello , a successful barrister, was one of the main legal advisors to the government of the Irish Free State after independence, Attorney General of Ireland from 1926–1932 and Taoiseach from 1948–1951 and 1954–1957....
in a debate in Seanad Éireann
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
(the Irish Senate) in December 1948, when he argued that the Republic of Ireland Bill he was introducing would make the President of Ireland the Irish head of state, the man who "ought to have been" but wasn't. Despite this conflict, de Valera's party, as the main opposition in the Dáil at the time, decided not to oppose Costello's bill.
Republic of Ireland Act
The Republic of Ireland Act, 1948, which came into force on 18 April 1949, was remarkable in that it purported to reform the state into a republic without making any change to the Constitution, the ambiguous provisions of which remained unaltered. The Republic of Ireland Act contained three major provisions; it declared that:- The External Relations Act was repealed.
- The state was a republic.
- The external relations of the state would henceforth be exercised by the president.
The Act also had the effect of automatically terminating the state's membership of the Commonwealth. The fact that he was now clearly and unambiguously the Irish head of state was celebrated by President Seán T. O'Kelly
Sean T. O'Kelly
Seán Thomas O'Kelly was the second President of Ireland . He was a member of Dáil Éireann from 1918 until his election as President. During this time he served as Minister for Local Government and Minister for Finance...
by visits to the Holy See
Vatican City
Vatican City , or Vatican City State, in Italian officially Stato della Città del Vaticano , which translates literally as State of the City of the Vatican, is a landlocked sovereign city-state whose territory consists of a walled enclave within the city of Rome, Italy. It has an area of...
and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
. A visit to meet George VI in Buckingham Palace
Buckingham Palace
Buckingham Palace, in London, is the principal residence and office of the British monarch. Located in the City of Westminster, the palace is a setting for state occasions and royal hospitality...
was also provisionally planned, but timetabling problems with the President's schedule prevented the meeting.
In 1953 the title of the monarch within the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and its dependent territories was changed from "[Queen] of Great Britain, Ireland and the British Dominions beyond the Seas..." to "[Queen] of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories...".
The King's Title in the Irish state
The King's title in the Irish Free State (1922 to 1937) and in Ireland (1937-1949) was exactly the same as it was elsewhere in the British CommonwealthCommonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
, being:
- From 1922–1927 - By the Grace of God, of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India
- From 1927–1949 - By the Grace of God, of Great Britain, Ireland and the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India
The King's title during this period was never simply "King of Ireland".