{"id":4915,"date":"2018-12-30T15:26:15","date_gmt":"2018-12-30T15:26:15","guid":{"rendered":"http:\/\/legalblog.ie\/independence-to-date\/"},"modified":"2023-04-10T13:23:39","modified_gmt":"2023-04-10T13:23:39","slug":"independence-to-date","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/independence-to-date\/","title":{"rendered":"Independence to Date"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/independence-to-date\/#The_Irish_Free_State_Constitution\" title=\"The Irish Free State Constitution\">The Irish Free State Constitution<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/independence-to-date\/#IFS_Institutions\" title=\"IFS Institutions\">IFS Institutions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/independence-to-date\/#Amendments_to_the_IFS_Constitution\" title=\"Amendments to the IFS Constitution\">Amendments to the IFS Constitution<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/independence-to-date\/#1937_Constitution\" title=\"1937 Constitution\">1937 Constitution<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/independence-to-date\/#Fundamental_Rights\" title=\"Fundamental Rights\">Fundamental Rights<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/independence-to-date\/#Northern_Ireland\" title=\"Northern Ireland\">Northern Ireland<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/independence-to-date\/#Northern_Ireland_Courts\" title=\"Northern Ireland Courts\">Northern Ireland Courts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/independence-to-date\/#Government_Departments_and_Other_Bodies\" title=\"Government Departments and Other Bodies\">Government Departments and Other Bodies<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/independence-to-date\/#Economic_Matters\" title=\"Economic Matters\">Economic Matters<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/independence-to-date\/#European_Union\" title=\"European Union\">European Union<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"The_Irish_Free_State_Constitution\"><\/span>The Irish Free State Constitution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Irish Free State came into existence on 6 December 1922. \u00a0On that date, all existing laws in Ireland including those enacted by the UK Parliament up to that date became part of the laws of Ireland.<\/p>\n<p>The Dail, Courts and various institutions that existed prior to that date during the revolutionary period were dismantled. \u00a0In effect, there was deemed legal continuity from the United Kingdom government to the Free State government.<\/p>\n<p>The Free State Constitution was the precursor of the current 1937 Constitution.\u00a0 It had many similar features.\u00a0 There was a Dail Eireann directly elected by proportional representation. There was a Seanad but different to the Seanad as found under the 1937 Constitution.<\/p>\n<p>Ireland Free State was a dominion with the same degree of independence as other dominions such as Canada and South Africa.<\/p>\n<p>There was a provision by which the Northern Ireland parliament could opt out of the Free State.\u00a0 This option was immediately taken up by the Northern Ireland government on commencement of the Free State.<\/p>\n<p>The third Dail was the forum which approved the Constitution.\u00a0An Act of the UK Parliament, the Irish Free State Act, established the state under UK law. The United Kingdom perspective was that the Free State existed by reason of the United Kingdom Parliament Act.<\/p>\n<p>The Free State perspective was that it existed as an act of national self-determination. \u00a0This had certain practical consequences and ultimately was a factor leading to the replacement of the Constitution in 1937.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"IFS_Institutions\"><\/span>IFS Institutions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The government comprised the Executive Council. \u00a0The President of the Executive Council was the Prime Minister or the equivalent of the Taoiseach under the 1937 Constitution.<\/p>\n<p>There was no President.\u00a0 The head of State was the King represented in Dublin by the Governor General.<\/p>\n<p>The Free State Constitution provided for a High Court and Supreme Court.\u00a0 It also provided for Courts of local and limited jurisdiction.\u00a0The Constitution contained certain fundamental rights similar to those which apply now under the 1937 Constitution.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Amendments_to_the_IFS_Constitution\"><\/span>Amendments to the IFS Constitution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Free State Constitution itself could be amended by Act of the Oireachtas in the first eight years. \u00a0However due in particular to continued political violence the Constitution itself was amended to provide that it could be amended by ordinary Act of the Oireachtas for a further eight years until 1938.<\/p>\n<p>A significant amount of emergency legislation was introduced providing for military tribunals, extraordinary powers of detention, military courts with powers to impose the death sentence.\u00a0 In effect,\u00a0many fundamental rights were abolished.<\/p>\n<p>In tandem, during the late 1920s and 1930s dominion status itself evolved.\u00a0 The degree of independence enjoyed by dominions increased steadily. \u00a0In 1931 the (UK)\u00a0 Statute of Westminster provided that a\u00a0 dominion\u00a0could\u00a0enact legislation which conflicted with UK Parliament legislation.<\/p>\n<p>Under the Free State Constitution there existed a right of appeal to the Privy Council, effectively the UK House of Lords.\u00a0 This was abolished and the Privy Council itself accepted its abolition as legal in 1935.<\/p>\n<p>After the election of the Fianna Fail government in 1932, the British elements in the 1922 Constitution were dismantled. \u00a0A reference to the oath of fidelity to the Crown and the right to appeal from the Supreme Court to the Privy Council were removed. \u00a0The office of the Governor General was abolished and the remaining role of the monarch was minimal and could only be exercised with the consent of the Executive Council.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"1937_Constitution\"><\/span>1937 Constitution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Although the UK courts held the Irish Free State Oireachtas after 1935 could change its own Constitution, the Irish Courts took the view that there were limitations even on the extent to which the Free State Constitution could be amended.<\/p>\n<p>It was in this context that the 1937 Constitution was enacted.\u00a0 It was passed by a vote of the people as a whole. \u00a0It continued the existing laws in force.\u00a0 It provided that after short initial period amendments could only be undertaken by referendums.<\/p>\n<p>The system of government as constituted under the 1937 Constitution preserved the Oireachtas. \u00a0The Oireachtas constituted the Dail, the Seanad and the President.<\/p>\n<p>A provision was made for a directly appointed President.\u00a0The office of Taoiseach was created as head of government and Tanaiste as deputy.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Fundamental_Rights\"><\/span>Fundamental Rights<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The fundamental rights in the 1922 Constitution were restated but were now in a format in which they could not be readily altered or changed.\u00a0 The Oireachtas was not permitted to make laws in breach of the Constitution.<\/p>\n<p>Provision was made for the challenge to laws by judicial review with power for the High Court to hold laws which were inconsistent with the Constitution to be invalid.\u00a0 See generally our separate guide on the Constitution for the present legal order provided by it.<\/p>\n<p>The Constitution did not specifically provide that the State was republic although it gave it most of the characteristics.\u00a0 It provided the name of the State as Ireland or in the Irish language Eire.The Republic of Ireland Act 1949 designated the name of the State the Republic of Ireland and the State withdrew from the Commonwealth.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Northern_Ireland\"><\/span>Northern Ireland<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In May 1921\u00a0 Northern Ireland came into its existence under the Government of Ireland Act, 1920.\u00a0 The legislation provided for a mirror image devolved\u00a0 legislature and in institutions in the resent of Ireland. The Southern Ireland provisions were stillborn and the revolutionary Dail treated its parliamentary elections as an election to the thrd Dail. It was superseded by the Irish Free State which was established by the Anglo Irish Treaty made on 6th December 1921.<\/p>\n<p>Northern Ireland\u00a0\u00a0had its own Parliament, executive and Courts.\u00a0 The Northern Ireland parliament\u2019s competence was wide but limited in respect of certain matters.\u00a0 The United Kingdom parliament retained power over certain significant areas.<\/p>\n<p>In 1973 due to political violence, the Northern Ireland parliament was abolished and direct rule was substituted.\u00a0After a number of failed attempts, the Northern Ireland assembly was created under the Belfast Agreement, 1998.<\/p>\n<p>There is to be a power-sharing executive.\u00a0 Its powers are broadly similar to the former\u00a0 Northern Ireland parliament. Certain key matters are retained by the UK government including taxation, financial services, broadcasting, international relations and trade.<\/p>\n<p>The Northern Ireland Assembly was suspended on a number of occasions but has operated continuously since 2007.\u00a0 See our section on Northern Ireland law.<\/p>\n<p><strong>Court System<\/strong><\/p>\n<p>The Free State and 1937 Constitution each recognise the High Court and the Supreme Court. \u00a0The High Court has full power in all matters. \u00a0The Supreme Court is principally a Court of appeal on points of law. A Court of Appeal was added following a Constitutional referendum in 2013.<\/p>\n<p>The powers of the pre-1922 High Courts were transferred to the new High Court established, under the 1922 Constitution.\u00a0 The Courts were reconstituted under the 1937 Constitution. \u00a0The Courts later decided that it was necessary to specifically reconstitute the Courts as such after the 1937 Constitution and this was done belatedly in 1961.<\/p>\n<p>Both Constitutions contemplated local Courts of local and limited jurisdiction.\u00a0 The most radical change was the replacement of the functions performed by the Justice of the Peace and Resident Magistrates by full-time District Court Judges. \u00a0They have jurisdiction in minor civil and criminal matters.<\/p>\n<p>The criminal and civil powers of the pre-1922 County Courts were transferred to the Circuit Court.\u00a0 They also hear appeals from the District Courts.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Northern_Ireland_Courts\"><\/span>Northern Ireland Courts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Courts under the pre-1922 system remained broadly the same in Northern Ireland and England and Wales until 2009. \u00a0The High Court continued with Queens Bench and Chancery Divisions. \u00a0There is a separate Northern Ireland Court of Appeal with a further appeal on a point of law to the House of Lords, later the Supreme Court.<\/p>\n<p>The County Courts continued in Northern Ireland<b>. <\/b>Jurisdiction in serious criminal cases is vested in the Crown Court, effectively part of the High Court.<\/p>\n<p>In 2009 the United Kingdom Courts full re-organised. \u00a0The House of Lords was replaced by the so-called Supreme Court of the United Kingdom although the change was largely in name only.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Government_Departments_and_Other_Bodies\"><\/span>Government Departments and Other Bodies<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Ministers and Secretaries legislation passed in 1924 shortly after independence, created the government departments and the structure of ministerial responsibility.\u00a0 Pre-independent functions of various bodies either based in Ireland or branches of the UK administration were transferred to the respective departments.<\/p>\n<p>The departments have been reorganised on\u00a0a number of departments have increased and they have been reorganised over the years.\u00a0 There is a constitutional limitation on the number of Cabinet ministers which has tended to restrain creation of new departments.<\/p>\n<p>Shortly after independence, the local government legislation was reformed.\u00a0 The rural districts councils were abolished and absorbed into the county councils. \u00a0Shortly after the poor law system was revised.<\/p>\n<p>Following difficulties in councils with the elected members failing to strike budgets and the ultimate abolition of several councils, the city councils and latterly all county councils were radically reformed by the introduction of the county management system.\u00a0 The role of the elected members was diminished to a supervisory role while the executive functions of the council were headed up by county managers and his assistants.<\/p>\n<p>The Royal Irish Constabulary was replaced by An Garda Siochana.\u00a0 The former separate police force in Dublin was amalgamated into An Garda Siochana in 1935.<\/p>\n<p>The Department of Agriculture was given an enhanced world in view of the special provision position of agriculture. \u00a0A significant amount of legislation was passed in the first two decades of the State providing for regulation of standards and hygiene in agricultural products and latterly for market supports.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Economic_Matters\"><\/span>Economic Matters<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The radical Fianna Fail government of the 1930s, the worldwide depression, the so-called economic war followed by the Second World War ushered in an era of high tariffs and self-sufficiency.\u00a0 Domestic industries were supported A number of industrial and agricultural banks were incorporated.\u00a0 The ESB was formed as a State company together with substantial State-run industry in the area of peat production, Bord na Mona, sugar beet.\u00a0 Domestic industries were subsidised behind high tariff walls.<\/p>\n<p>After the railways and transport were regulated railway companies had come to be loss-making due to road transport competition and much of the railway system was nationalised after the Second World War into CIE.\u00a0 The State legislation in respect of transport left CIE in a virtual monopoly position.<\/p>\n<p>The 1950s saw Ireland fall behind the rest of Western Europe severely and the protectionism and isolation were perceived to have outlived its usefulness.<\/p>\n<p>The policy of attracting multinational investment was commenced in the 1950s on the basis of export sales relief, zero taxation relief for exports.\u00a0 Through the 1960s membership of the European Union Mars was sought in conjunction with British membership. \u00a0After a number of false starts, Ireland eventually join the European Union in 1973.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"European_Union\"><\/span>European Union<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Republic of Ireland joined the European Economic Communities on the 1<sup>st<\/sup> January 1973 following a constitutional referendum. \u00a0The Supreme Court later held that each subsequent significant amendment of the European Union Treaties required a referendum.<\/p>\n<p>There have been subsequent referendums on the single European Act (1986), the Maastricht Treaty (1993), the Nice Treaty (2001 and 2002) and the Lisbon Treaty (2008 and 2009).\u00a0 See our section on European Union law which has come to be very significant.<\/p>\n<p>The European Union brought radical change to the Irish legal and economic system.\u00a0 An enormous body of European Union legislation came into force and overrode much-existing legislation.\u00a0 In contrast to the policies of protecting industries, the EEC treaty was based on freedom to compete, open markets and deregulation of State authorities.<\/p>\n<p>The European Economic Communities, the European Communities and later the European Union itself grew organically through the 1980s and 90s with the Singel European Act, the Maastricht\u00a0Nice and Lisbon Treaties.<\/p>\n<p>European Union law required the removal of subsidies and regulation in certain markets.\u00a0 Increasingly standards were set at European Union level to facilitate the common market.\u00a0 Remaining public monopolies were obliged to operate on a commercial basis of quantifiable subsidies for social reasons.<\/p>\n<p>The common agricultural policy in its initial form led to highly regulated markets in agricultural products as part of an elaborate system of price supports. \u00a0This has been gradually dismantled.\u00a0 The common market and the basic system still exist but the level of price control is minimal.<\/p>\n<p>The bulk of subsidies are paid through the Single Farm Payment and Basic Payment Scheme.\u00a0 State monopolies have been put on a more commercial basis such as telephone, electricity, transport monopolies.<\/p>\n<p>The deregulation of financial markets for banks led to a radical nature in the change of banking. \u00a0EU financial services legislation facilitated Ireland being used as a base for the provision of financial services.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-4915\" data-postid=\"4915\" class=\"themify_builder_content themify_builder_content-4915 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>The Irish Free State Constitution The Irish Free State came into existence on 6 December 1922. \u00a0On that date, all existing laws in Ireland including those enacted by the UK Parliament up to that date became part of the laws of Ireland. The Dail, Courts and various institutions that existed prior to that date during [&hellip;]<\/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":[55,33],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4915"}],"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=4915"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4915\/revisions"}],"predecessor-version":[{"id":19028,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4915\/revisions\/19028"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=4915"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=4915"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=4915"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}