Several members of the IRA were sent to death. Some were executed. Some death sentences dealt with by the Special Criminal Court were ultimately commuted. Two who were convicted of the murder of Gardai were convicted and sentenced to death by a Military Court. The validity of the Military Tribunal and convictions were contested on technical grounds. They were upheld ultimately by the Supreme Court, including their retrospective nature was upheld.<\/p>\n
A number of further trials were held before the Military Court under the Emergency Powers (No 41) Order 1940, and five persons were executed.<\/p>\n
The Emergency Powers Order provided for acceptance of retroactive action to allow retracted evidence as admissible. The High Court and Supreme Court rejected challenges to the legality of the provision. The constitutional foundations were upheld.<\/p>\n
The Supreme Court accepted that emergency legislation of a temporary character passed for securing public safety and preservation of the State during an emergency was consistent with the Constitution. It accepted that determining what provisions were necessary lay with the government, with protection that the Oireachtas could annul orders laid before it.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
1937 Constitution The Constitution was accepted by a plebiscite at the end of 1937. It replaced the Free State Constitution, which had been very heavily amended. Emergency-type provisions for non-judicial trial, had, in effect, been written into the Free State Constitution following continuing IRA activity. Article 2A of the Free State Constitution, inserted in 1931, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[33],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19580"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19580"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19580\/revisions"}],"predecessor-version":[{"id":31172,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19580\/revisions\/31172"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19580"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19580"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19580"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}