The Constitution of the Irish Free State was adopted by Act of Dáil Éireann 100 years ago last Tuesday. The 1922 Constitution officially came into effect just over a month later in early December after receiving royal assent.
It was Ireland’s first Constitution and contained 83 Articles. It was largely based on the terms of the Anglo Irish Treaty of 1921.
In early 1922 a Committee, chaired by Michael Collins, gathered to draft what became the country's first constitution. Under extreme time pressure, four solicitors, a writer, a Dublin businessman, an American lawyer and two professors drafted the Constitution of the Irish Free State 1922 which provided the framework for our modern day Constitution. Michael Collins emphasised that the key task of the drafting committee was to create “a free democratic Constitution” rather than focusing on the Treaty, an undertaking which Collins defined as “the most important task – more important than the Treaty itself”.
Collins only attended two meetings of the Constitution Committee because of his many commitments at the time. However, Antoinette Doran from the National Archives wrote that “his directions to the Committee determined the course of their work”. The papers of the Constitution Committee are held by the National Archives, Ireland’s official repository of State records. They sit alongside other complementary collections of early Dáil Éireann papers. Collectively, these records chart the most tumultuous and significant period in the Nation’s history, providing evidence of the decisions which determined the establishment of the State. The Constitution Committee holdings comprise its working papers, research, letters, minutes and various drafts.
Contents
Establishing the principle of separation of powers between the legislature, the executive and the judiciary was a fundamental element of the 1922 Constitution.
From a legal perspective, the text discarded the complicated two-courts system which had been in place since 1920. That system included the ordinary courts but also the Dáil courts.
The Courts of Justice Act 1924 officially set up the new courts system, including the High Court and Supreme Court explicitly mentioned in the 1922 Constitution. The 1924 Act also established the District Court and Circuit Court we have today.
The end
The 1922 Constitution was amended several times over the subsequent 15 years to a point at which it dismantled the 1921 Treaty on which it was based. Removing references to the Crown, abolishing the office of Governor General and scrapping the oath of allegiance were among some of the most significant amendments.
These significant changes spurred on a different 50-Article Constitution in 1937 called Bunreacht na hÉireann which was a decisive break away from British rule and repealed the previous 1922 Constiution.
All things considered, the 1922 Constitution played a significant role in laying the foundations of the courts system which still operates in Ireland today. According to Tánaiste Leo Varadkar,
“The drafting of the Irish Free State Constitution in 1922 was a pivotal moment in our history, and a further step on our journey to full independence. The Constitution provided the legal basis for the government and the judiciary to enact and enforce our own laws, for the benefit of Ireland and its people.”
Commemoration
If you are interested in learning more about the 1922 Constitution, a free event coordinated by the National Archives and the Courts Service was live-streamed last week to celebrate the centenary of the Act of the Dáil. You can watch a recording on the Courts Service YouTube channel.
Additionally, the ‘1922 Constitution Centenary Conference’ organised by Dr Laura Cahillane and Dr Donal Coffey will be held in the Shelbourne Hotel on 5th December, tickets for which can be purchased on Eventbrite.