Drafting the Irish Free State Constitution / Laura Cahillane.
2016
KDK1220 .C34 2016 (Map It)
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Details
Author
Title
Drafting the Irish Free State Constitution / Laura Cahillane.
Published
Manchester : Manchester University Press, 2016.
Call Number
KDK1220 .C34 2016
ISBN
9781526100573 (hardback)
1526100576 (hardback)
9781784995119 (paperback)
1784995118 (paperback)
1526100576 (hardback)
9781784995119 (paperback)
1784995118 (paperback)
Description
xiii, 253 pages : illustrations ; 24 cm
System Control No.
(OCoLC)942707128
Summary
"This book challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the constitution was drafted and elucidating the true nature of the document. It examines the reasons why the constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document. As well as giving an...account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 242-251) and index.
Record Appears in
Table of Contents
Acknowledgments
xi
Foreword / Mr Justice Gerard Hogan
xii
Introduction
1
1.
Constitution Committee and the beginning of the drafting process
3
Constitution Committee
3
work of the Committee
7
Beginnings
7
Talking points: a second Chamber
11
Disagreements: the executive
13
Conclusion
15
2.
Drafts
16
Introduction
16
three Drafts
17
Preamble and preliminary Articles
17
Fundamental rights
18
Individual rights and duties in Draft C
19
Family, education and religion in Draft C
20
Economic life (and property) in Draft C
21
legislature
23
lower House
23
Powers of legislative inquiry
24
upper House
25
executive
27
judiciary
30
Amendment, referendum and initiative
32
Decentralisation and subordinate legislatures
33
External relations
33
Conclusion
34
3.
Consideration by the government of the three Drafts
36
Introduction
36
Letter on Draft B
36
Letter on Draft A
37
Letter on Draft C
38
Criticisms
39
Final decision of the government
43
Draft which was brought to London
44
Conclusion
46
4.
British reaction to the Draft Constitution
47
Introduction: the Collins--de Valera Pact
47
conference on Ireland
49
British receive the Draft
51
Deadlock and Kennedy's letter
52
critical stage and Lloyd George's letter
53
Griffith's reply
55
Redraft
57
Amended Draft completed
59
published Draft
62
Conclusion
63
5.
Debates in the Constituent Assembly
65
Introduction
65
aftermath of the election
66
Introduction of the Bill
67
Committee stage and major controversies
69
congenial debate?
75
Conclusion: the finished document
76
6.
Themes and influences
77
Introduction
77
Intellectual influences
78
Ideas from the Gaelic state
78
Lack of any realistic thinking on state-building and institutions
81
Foreign constitutions
83
Postwar constitutions
84
Older established constitutions
85
Dominion constitutions
86
impact of these influences on the 1922 Constitution
87
Popular sovereignty
87
Public ownership of land and natural resources, private property
88
Irish language
90
Equality
90
Religion and the Church
93
State intervention
95
Conclusion
96
7.
people's Constitution
97
Introduction
97
Sovereignty
97
Popular sovereignty
97
Differing perspectives
100
Irish citizenship
103
name of the State and the Irish language
106
Democracy
109
referendum
109
Article 47 in practice
113
initiative
116
Conclusion
119
8.
Anti-party politics
120
Introduction: resistance to party politics
120
Proportional representation
123
External ministers
127
Emergence of the scheme during the Committee stage
127
British reaction to the scheme
129
Dail reaction
129
final scheme
133
Changes in the proposal as between Draft B and the 1922 Constitution
133
scheme in practice
134
end of external ministers
136
Doomed to failure?
137
Functional or vocational representation
138
inspiration for the inclusion of functional representation in the Constitution
138
Alternative visions for implementing functional representation
142
Executive scheme chosen
143
Alternative adoption in Bunreacht na hEireann
144
Seanad
145
first Seanad
145
1925 election
148
Anti-party politics and the Seanad
150
Conclusion
152
9.
legacy of the Irish Free State Constitution
154
Introduction
154
Lessons learned: amendment
156
Implicit amendment
157
Modern views
161
Amending the amendment provision
162
How Article 50 was used to deconstruct the Constitution
165
Amendment in the 1937 Constitution
167
Provisions maintained: judicial review
168
Judicial review internationally
170
Judicial review in Ireland
172
Form of judicial review
173
Case law
174
Judicial review under the 1937 Constitution
177
Conclusion
179
Reflections
181
Appendix 1
Selected provisions from the Irish Free State Constitution Act
185
Appendix 2
Draft A
195
Appendix 3
Draft B
210
Appendix 4
Draft C
225
Bibliography
242
Index
252