The following essay will look at the main areas of difference between the Irish Constitutions of 1922 and 1937. There are many reasons why the Constitution was redrawn and changed in 1937 after first being drawn up in 1922. The 1922 Constitution was made after a time of serious turmoil in Ireland and needed to be upgraded by the late 1930’s. There are a number of reasons why it needed to be transformed. It was outdated by the 1930’s and as Ireland began to grow and move away from the influence of the British, the laws of the time did not reflect the culture of the day. Another reason why it was changed was the very strong relationship between the Irish people and the Catholic Church. Finally there was also changes in the running of the country …show more content…
The constitution of 1922 was not influenced by religion unlike Bunreacht na hEireann in 1937. The 1922 constitution did incorporate the usual democratic rights that everyone has within a nation. These such rights include ‘free speech, free association and inviolability of dwellings’ (Coakley, J. and Gallagher, M. (2010) Politics in the Republic of Ireland) but to name a few. However the 1937 Constitution articles that deal with the rights of the citizens differ from its predecessor in that fact that the articles can be seen as ones influenced by the Catholic Church. There is one article within the 1937 constitution which clearly represent the influence of the Catholic Church. This is Articles 44. There are two clauses within Article 44 which gave Catholicism a very powerful status in the constitution. Article 44.1.2. reads ‘The state recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great Majority of the citizens’ (Bunreacht na hEireann 1937) and Article 41.3.2 prohibited the legislation of divorce. At first glance it is clear to see that these two clauses are merely nothing more than political and democratic laws. However by reading more into the actually information expressed in this …show more content…
This was law in the 1922 constitution and was changed in 1936 and welcomed by the Irish people. In the 1922 Constitution it states in Article 60 that ‘The representative of the Crown, who shall be styled the Governor-General of the Irish Free State’. (The Constitution of The Irish Free State (Saorstat Eireann) Act 1922). This meant that the Governor-General was the link between the Irish Government and the British Government. His role was appointed to him by the British. The Irish saw him as a constant reminder of British interference in Irish Politics. The Governor-general had many roles such as signing bills into law, dissolution of the Oireachtas and appointment of judges. This meant that all talks between the two nations went through him. Also he could receive orders from the British Government to veto any laws the Irish parliament tried to abolish. For example the Governor-General Tim Healy was asked by the Government of Britain to veto and attempt to get rid of the Oath of Allegiance by the Irish Government. Then in 1932 when Fianna Fail came to power de Valera set about to restore Ireland to a Republic. By doing this he wanted to rid of the position of Governor-General. In 1936 King Edward VIII abdicated from power and the government set about abolishing the Governor-General from Free State politics. On the 11th of December 1936 the role was
Document 4 says, “The curse of the Popery, with its degrading idolatry and corrupting priesthood, is the root of Irelands misery.” The English Presbyterian that states this represents what the English people thought of the Irish. The Irish were not as developed as the English and the English did go in and industrialize in certain areas such as Ulster and parts of Dublin. Even though Ireland did gain wealth as Document 5 states, most of the money stayed within the Protestant population that came from England and Scotland. Document 5 blames it on the Irish character and the in general stupidity of the Irish people. The English also felt that if the Irish were given “Home Rule” then they would persecute against the Protestants in the north. Document 7 says that the worst people of Ireland (Catholics) will be under control of the best people of Ireland (Protestants). Eventually this was resolved when Ulster stayed a part of the United Kingdom. The Irish Catholics partially got
“ It remains to be noted that none of the great constitutional rights of conscience, however vital to a free society is absolute in character. Thus, while the constitutional guarantee of freedom of religion goes a long way, it does not serve to protect acts judged to be morally licentious, such as poly amorous marriages. Children cannot be required to execute the flag salute which is forbidden by religious belief… Similarly freedom of speech, often defended by the courts, does not extend to the seditious utteran...
After the Act of union had been passed, Daniel O’Connell worked effectively in addressing Irish grievances; his actions were significant in contributing to the changing nature of the Irish question. Even though O’Connell tried to address the same issues as the society of united Irishmen, he abandoned the use of violence and instead took a constitutional approach such as the use of monster meetings and working alongside parliament in order to gain catholic emancipation and repeal of the union. O’Connell’s zeal for reform influenced parliament in passing the Catholic Emancipation Act in 1829. Even though in the short term the Act had been insignificant in Ireland as the British government purposely reduced the Irish electorate by increasing qualifications from 40 shillings to £10 in an attempt to retain Protestant dominance, it was the prime cause for the d...
During the 1920’s there were many controversial issues. There was a concern about declining moral and ethical values, which led to restrictions such as prohibition for example. The concern about these issues seemed most intense when they pertained to religion. In situations like these it always seems necessary to place the blame somewhere. One particular group on which this blame was emphasized happened to be the immigrants. Irish Catholic immigrants were a main focus of discrimination in many ways.
The relationship between Ireland and England played a major role in the causes of the Great Famine. Ireland became part of the United Kingdom in 1801 due to the Act of Union (Edwards & Williams 19). Under this act, Ireland was placed under "the jurisdiction of the richest and most industrially advanced empire in the world" (Kinealy 33). From this act, Ireland's parliament was abolished and became controlled by England through political leadership established throughout the Irish state. A...
In order to legitimise a regime or cause, traditions may be constructed around historical or mythological events, people or symbols that reinforce the image required to focus people’s conception of the past. People can be encouraged to invent a cohesive view of their shared ‘traditions’ by what could be called cherry picking bits of history.
Ireland has a very conflicted history. Just when that history may seem to take a turn for the better, it seems that there is always another event to keep the trend of depression ongoing. The separation of the Protestant and Catholic Church would be the center of these events. However, the two different groups could potentially work together for the betterment of the nation. Through an analysis of why Protestants and Catholics split in the first place, disadvantages that Catholics would face in the coming years and also how these disadvantages were lifted, an argument will be developed in that there is perhaps the chance that they may end up working together in the future for the betterment of Ireland. Although these two groups would fight over the countless decades, they need to join into one entity if they wish to see a better future for Ireland.
First off, it is important to understand the political and social whereabouts of Northern Ireland from 1898 to gage the changes that have been made in policy. Before 1921, the North and South of Ireland were under British rule. When the government of Ireland Act 1920 partitioned the island of Ireland into two separate states, Northern Ireland and Southern Ireland, the North of Ireland remained under British rule while...
The Irish and British governments fought for many years over the ownership of Northern Ireland. Britain had main control over Northern Ireland, and Ireland did not think that was fair. Be...
On the other side of the Atlantic, Ireland was facing its own conflict with the British Empire. The Irish were fighting for their economical independence from the United Kingdom. Ireland was not going to be an associated British country anymore but an independent and free republic. Nevertheless, the British started demanding the Irish for more taxes and goods in order to sign an official independence. This caused a general economical crisis in the country that the government did face and that improved with the time. Fortunately, in 1942 Ireland was declared and independent nation. When the McCourts ...
While an uncodified constitution has the advantages of dynamic, adaptability and flexibility to meet the ever-changing needs of the society , it poses much difficulty in pinpointing the ultimate constitutional principle that should provide legitimacy in the British constitution. This results in a battle between two broad schools of thought––political constitutionalism and legal constitutionalism.
As a result, the famine is an event still discussed and debated today; influencing Irish politics and its position within the British Isles. Questions about morality and blame have led to historians to attempt to critique British and Irish response during the famine, whilst cataloging the short term and long-term consequences. Although most blame is primarily placed on the regional and national governments response to the famine crisis, the actions of the State do not provide an adequate analysis of early nineteenth century social structures which would shape Ireland both economically, socially and politically in the years before the famine. The establishment of the Union in 1801 led to a free market system and s...
One of the most closely watched and widely debated conflict of our time is the one occurring In Northern Ireland. It has been a hot debate for over a century now, yet the root of the conflict is still unclear. There have been many theories over time, yet none have been able to adequately describe what is really happening on the matter. This conflict is divided by many lines; ethnically between the Irish and the British, and religiously by the Catholics and Protestant denominations.
I agree with the statement that ‘The Irish constitution protects fundamental rights of the citizens of Ireland and has served the country well’. There are many reasons why I agree with the above statement including certain important fundamental rights, the ‘common good’ rule, allowing the citizens to vote in referendums and limiting certain rights. I feel that these aspects of the constitution have served the country well and I will prove this in the following essay. The constitution of Ireland (Bunreacht Na hEireann) is one of the oldest constitutions in Europe. It was adopted by a referendum on the first of July 1937 and later came into effect on the 29th December 1937. The constitution set ground rules as to how political power can be or should be exercised as to what governments can or cannot do. It also sets the rights of the citizens of a country. These are known as fundamental rights.