constitution of Ireland

constitution of Ireland (1937). Largely the work of de Valera, the constitution was drafted during 1935–7 by a small team of civil servants working under his supervision. He also consulted academic, legal, and religious authorities.

De Valera retained features of the 1922 constitution of the Irish Free State regarding the Oireachtas, the government, and the courts, but there were important differences. Article 2 defined the national territory as the ‘whole island of Ireland’, but in article 3 jurisdiction was limited to the 26 counties. Articles 12–14 provided for an elected president as head of state with important discretionary powers. To much surprise, the Senate, abolished in 1936, was reconstituted on vocational lines. The president of the executive council was replaced by the taoiseach with strengthened prime ministerial powers.

In a far‐reaching provision, article 34 gave the Supreme Court power to review the constitutionality of new legislation. Articles 40–5, which showed the influence of Catholic social thinking, dealt with fundamental rights concerning family, education, private property, and religion. Articles 46–7 provided for amendment of the constitution by popular referendum.

The most controversial parts of the constitution in 1937 were the role of the president, which opponents claimed had dictatorial aspects; the ‘special position’ accorded to the Catholic church in article 44 (abolished by referendum in 1972); and the status accorded to women. There were also protests that article 3 recognized partition. The constitution was submitted to a referendum in July 1937 and passed by 685,105 votes to 526,945. It became law in December 1937. In the referendum that followed the Good Friday Agreement (see peace process) amendments to articles 2, 3, and 29, relating to the status of Northern Ireland, were approved by 94 per cent of those voting.

Deirdre McMahon