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Encyclopedia > Executive Powers (Consequential Provisions) Act

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 Republic of Ireland has a common law legal system with four main sources of law: Constitution of Ireland (Bunreacht na hÉireann) Legislation Primary Legislation - Acts of the Oireachtas Secondary Legislation - Statutory Instrument Case law European Community Law Historical The state became independent in 1922 as the Irish Free... The Governor-General (Irish: Seanascal) was the representative of the King in the 1922-1937 Irish Free State. ...


In December 1936 then President of the Executive Council of the Irish Free State Eamon de Valera had ensured the passage of the Constitution (Amendment No. 27) Act which proported to abolish the office of governor-general. However he was advised by his Attorney-General, James Geoghegan, the Secretary to the Executive Council, Maurice Moynihan and Mr Matheson of the Parliamentary Draftsman's office that that Act did not actually abolish the office. They informed de Valera that removing the governor-generalship from the Irish Free State Constitution in itself did not abolish the office, as the office had an existence independent to the constitution in a number of sources, namely 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, Irish name Éamonn de Bhailéara (October 14, 1882 – August 29, 1975), was an Irish politician, best known as a leader of Irelands struggle for independence from Britain in the early 20th Century, and the Republican anti-Treaty opposition in the... The Constitution (Amendment No. ... James Geoghegan (1886-1951) was a senior Irish politician. ... The Constitution of the Irish Free State was the constitution of the southern Irish state established in December 1922. ...

and in other sources. To conclusively abolish the office, all mention of the governor-generalship would need to be removed from these and others also. In May 1937 de Valera introduced the Executive Powers (Consequential Provisions) Act, 1937 to do that. Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal document which is an open letter issued by a monarch or government granting a right, monopoly, title, or status to someone or some entity such as a corporation. ... An Order-in-Council is an executive order issued in Commonwealth Realms operating under the Westminster system. ... Statutory Instruments (SIs), also referred to as delegated or secondary legislation, are parts of United Kingdom law separate from Acts of Parliament which do not require full Parliamentary approval before becoming law. ... 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. ...


The Act had three main aims:

  • 1. to re-abolish the governor-generalship in those areas where the office had legally survived
  • 2. to retrospectively sort out constitutional and legal problems that the removal of the office from the constitution in December 1936 had created, notably
    • the illegal installation of the Chief Justice of the Irish Supreme Court, who had been legally to make a declaration of office in front the governor-general, but did not do so as it was unclear as to whether there was still a governor-general, as so participated in a phoney 'installation' ceremony which de Valera claimed had been created in a recent Courts of Justice Act (it hadn't.)
    • the illegal installation of three judges of the Supreme Court, all of whom made their declarations of office in front on an illegally installed Chief Justice
    • the illegal installation of a new Attorney-General, in breach of the requirement of the Ministers and Secretaries Act 1924 that only the governor-general could appoint him.

The media and the opposition focused exclusively on the issue of the pension and failed to draw the public's attention to the fact that the new Bill was re-abolishing an office that de Valera had told them he had already abolished. By focusing on the pension (as he had hoped) the opposition failed to make capital out of one of de Valera's most dramatic and potentially humiliating mis-judgments, his first failed attempt to abolish the office of governor-general. The Ministers and Secretaries Act, 1924 was one of the key statute laws enacted by the Irish Free State. ... Domhnall Ua Buachalla (pronounced Donal ou-a Bu-calla) or Donal Buckley (February 3, 1866 - October 30, 1963) was an Irish politician, who served as third and final Governor-General of the Irish Free State. ...

The Irish Free State
(1922-1937)

Anglo-Irish Treaty | Provisional Government | Constitution of the Irish Free State | Statute of Westminster | Great Seal of the Irish Free State | Monarchy in the Irish Free State The Irish Free State (Irish: Saorstát Éireann) was (1922–1937) the name of the state comprising the 26 of Irelands 32 counties which were separated from the United Kingdom of Great Britain and Ireland under the Irish Free State Agreement (or Anglo-Irish Treaty) signed by British and... Image File history File links Great Seal of the Irish Free State - fair use This work is copyrighted. ... Signature page of the Anglo-Irish Treaty The Anglo-Irish Treaty was a treaty between the British government and the Irish Republic which brought the Anglo-Irish War to an end and established the Irish Free State. ... The Provisional Government was, in British law, the transitional government of Southern Ireland in 1922 from the signing of the Anglo-Irish Treaty to the creation of the Irish Free State. ... The Constitution of the Irish Free State was the constitution of the southern Irish state established in December 1922. ... ... The Great Seal of the Irish Free State (Irish: Séala Mor do Shaorstát Eireann) was the Great Seal which replaced the Great Seal of the Realm used to seal official documents of the Irish Free State (Saorstát Éireann). ... King George V, the first monarch to reign in the Irish Free State. ...


Executive
King of Ireland | Governor-General | President of the Executive Council | Vice-President of the Executive Council | Executive Council | Extern Minister | Ministers and Secretaries Act
Henry VIII, became King of Ireland in 1542. ... The Governor-General (Irish: Seanascal) was the representative of the King in the 1922-1937 Irish Free State. ... 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). ... The Vice-President of the Executive Council (Irish: Leas-Uachtarán na hArd-Chomhairle) was in effect the deputy prime minister of the Irish Free State, the Executive Council. ... The Executive Council (Irish: Ard-Chomhairle) was the cabinet and de facto executive branch of government of the 1922-1937 Irish Free State. ... An Extern Minister was a Irish minister appointed by the Governor-General of the Irish Free State on the nomination of a committee of Dáil Éireann. ... The Ministers and Secretaries Act, 1924 was one of the key statute laws enacted by the Irish Free State. ...


Legislative:
Oireachtas Éireann (made up of the King, Dáil Éireann & Seanad Éireann) |
Royal Assent | Ceann Comhairle | Cathaoirleach | Oath of Allegiance
From 1922-1937 the Oireachtas was the legislature, or parliament, of the Irish Free State. ... The Dáil Chamber The chamber was remodelled in the early 1920s. ... The Seanad Chamber The Seanad meets in the former picture gallery in Leinster House. ... The Ceann Comhairle1 is the chairman or speaker of Dáil Éireann, the lower house of the Oireachtas (parliament) of the Republic of Ireland. ... Cathaoirleach (pronounced, ka-here-loch) is the title of the speaker of the sixty-member Irish upper house, Seanad Éireann (pronounced External link Official website Categories: Government stubs ... The Irish Oath of Allegiance was a controversial provision in the Anglo-Irish Treaty of 1921, which Irish TDs (members of the Irish parliament) and Senators were required to take, in order to take their seats in Dáil Éireann (The Chamber of Deputies) and Seanad Éireann (the Irish Senate). ...


Judiciary
Supreme Court | High Court | Chief Justice | Courts of Justice Act, 1924
Dublin Castle Seat of the Supreme Court of the Irish Free State until 1931. ...


Other topics: General elections: 1922 | 1923 | 1927 (June) | 1927 (Sept) 1932 | 1933 | 1937
See also: External Relations Act | Executive Powers (Consequential Provisions) Act | Constitution (Amendment No. 27) Act
A general election took place in southern Ireland in 16 June 1922 under the provisions of the 1921 Anglo-Irish Treaty to elect a constituent assembly paving the way for the establishment of the Irish Free State. ... See also: Government of the 4th Dáil Irish Treaty Election, 1922 Categories: Elections in Ireland | 1923 ... See also: Government of the 5th Dáil Categories: Elections in Ireland | 1927 ... The Irish general election of September 1927 was held on September 15, 1927. ... The Irish general election of 1932 was held on February 16, 1932, just over two weeks after the dissolution of the 6th Dáil on January 29. ... The Irish general election of 1933 was held on January 24, 1933. ... See also: Government of the 9th Dáil Categories: Elections in Ireland | 1937 ... The Executive Authority (External Relations) Act, 1936 was an enactment of the Oireachtas (Irish parliament) in 1936. ... The Constitution (Amendment No. ...



 

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