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Encyclopedia > Executive Authority (External Relations) Act 1936

The Executive Authority (External Relations) Act, 1936 was an enactment of the Oireachtas (Irish parliament) in 1936. The Act was one of two passed suddenly to deal with the aftermath of the abdication of King Edward VIII as King of Ireland along with his other Commonwealth Realms. The Great Seal of the Irish Free State All state documents were stamped with the Seal from 1931. ... 1936 (MCMXXXVI) was a leap year starting on Wednesday (link will take you to calendar). ... Edward VIII (Edward Albert Christian George Andrew Patrick David; later The Prince Edward, Duke of Windsor; 23 June 1894 – 28 May 1972) was King of Great Britain, Ireland, the British Dominions beyond the Seas, and Emperor of India from the death of his father, George V (1910–36), on 20... The designation King of Ireland has been used during three periods of Irish history. ... The Commonwealth Realms, shown in pink A Commonwealth Realm is any one of the sixteen sovereign states within the Commonwealth of Nations that recognise Elizabeth II as their respective monarch. ...

Contents

Background

The decision of King Edward to abdicate, over the refusal of his prime ministers throughout the British Commonwealth to accept his right to marry Wallis Simpson and remain on the throne, caused major problems for the President of the Executive Council of the Irish Free State (prime minister), Eamon de Valera. De Valera had been systematically stripping the Irish Free State Constitution of all references to the king and crown. However the abdication left de Valera with a difficult problem: under a previous commonwealth conference decision, matters to do with the crown requiring legislation had to be legislated by each commonwealth state, unless the state requested that the United Kingdom legislate on the matter on its behalf. This article needs additional references or sources for verification. ... Wallis, Duchess of Windsor and the Duke of Windsor on their wedding day Bessie Wallis Warfield, more widely known as Wallis Simpson and later The Duchess of Windsor (June 19, 1896–April 24, 1986) was the wife of Prince Edward, Duke of Windsor, the former King Edward VIII of the... The President of the Executive Council (Irish: Uachtaráin na hArd-Chomhairle) was the head of government or prime minister of the 1922-1937 Irish Free State, and the leader of the Executive Council (cabinet). ... Eamon de Valera (born Edward George de Valera, sometimes Gaelicised Éamon de Bhailéara; October 14, 1882 – August 29, 1975), was an Irish politician, best known as a leader of Irelands struggle for independence from the United Kingdom of Great Britain and Ireland in the early 20th century, and... The Constitution of the Irish Free State was the constitution of the southern Irish state established in December 1922. ...


That meant that the abdication of the King, to have validity in the Irish Free State, had either to be legislated for by the Oireachtas, or legislated for with the approval of the Irish Free State by the British Parliament. De Valera wanted neither to be seen to legislate for the crown nor to have to ask the British to do it for him.


The Two Acts

His solution was twofold. The Constitution (Amendment No. 27) Act removed the crown and king from the constitution and apparently abolished the governor-generalship. That however became problematic, with de Valera's own Attorney-General James Geoghegan, the Secretary to the Executive Council Maurice Moynihan and the Parliamentary Draftsman's office all contradicting de Valera and insisted that the office had not been properly abolished. To clarify matters, in 1937 the Executive Powers (Consequential Provisions) Act, 1937 retrospectively re-abolished the office and dealt with some financial provisions. The Constitution (Amendment No. ... James Geoghegan (1886-1951) was a senior Irish politician. ... The Executive Powers (Consequential Provisions) Act, 1937 was an Act of the Oireachtas which retrospectively completed the abolition of the Governor-General of the Irish Free State. ...


The External Relations Act, 1936 was the second part of de Valera's legislative strategy. Having abolished the crown and the role of the king in constitutional law, one day later de Valera resurrected the king to fulfil the head of state role in external relations, by means of a statute law enactment. To enable the Free State to recognise the abdication, the instrument of abdication and the accession of King George VI was recognised in one of the Act's schedules. Queen Elizabeth II, is the Head of State of 16 countries including: the United Kingdom, Canada, Australia, Jamaica, New Zealand and the Bahamas, as well as crown colonies and overseas territories of the United Kingdom. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... George VI (Albert Frederick Arthur George; 14 December 1895 – 6 February 1952) was King of the United Kingdom and the British Dominions from 11 December 1936 until his death. ...


The only functions left for the king to carry out were to

  • sign Letters of Credence accrediting Irish ambassadors to other states;
  • sign international treaties on Ireland's behalf.

These roles had both belonged to the king previously via the Free State constitution. A Letter of Credence is a formal letter sent by one head of state to another formally accrediting a named individual (usually but not always a diplomat) to be their ambassador in the country of the head of state receiving the letter of credence. ...


The External Relations Act remained even after the Irish Free State was replaced by Ireland, or Éire in the Irish language, (now also described or referred to as the Republic of Ireland) in December 1937, with the King of Ireland fulfilling the external affairs role that normally belongs to heads of state, with a new President of Ireland fulfilling an internal constitutional role. Map of Éire Éire (pronounced ) is the Irish name for Ireland. ... -1...


Repeal

In the late 1940s, de Valera decided to change the law, though whether it would involve the total repeal of the Act, or merely its amendment, was not decided when he lost power in 1948. His then Attorney-General, Cearbhall Ó Dálaigh had been working on the various options when de Valera's Fianna Fáil administration was replaced by the First Inter-Party Government under Costello. In most common law jurisdictions, the Attorney General or Attorney-General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ... Cearbhall Ó Dálaigh (12 February 1911 – 21 March 1978) (pronounced karol o dawl-ie) served as fifth President of Ireland, from 1974 to 1976. ... Fianna Fáil - The Republican Party (Irish: Fianna Fáil - An Páirtí Poblachtánach), commonly referred to as Fianna Fáil (IPA ; traditionally translated by the party into English as Soldiers of Destiny, though the actual meaning is Soldiers [Fianna] of Ireland[1]), is currently the largest political party... The 13th Dáil was elected on February 4, 1957 and first met on February 18 when the 5th Government of Ireland was appointed. ...


The Executive Authority (External Relations) Act, 1936 was finally repealed by the Republic of Ireland Act, 1948 which came into force on April 1, 1949. The new Act vested the powers possessed by the king in the president of Ireland. The Republic of Ireland Act was an enactment of Oireachtas Éireann passed in 1948, which came into force on April 18, 1949 and which declared that the official description of Ireland was to be the Republic of Ireland. ... 1948 (MCMXLVIII) was a leap year starting on Thursday (the link is to a full 1948 calendar). ... April 1 is the 91st day of the year (92nd in leap years) in the Gregorian calendar. ... 1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ...


External links

  • Irish Statute Book
  • Internet copy of Act as passed
  • Constitution (Amendment No.27) Act
  • Executive Powers (Consequential Provisions) Act


 

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