Constitution of the first Assembly of Ireland – 21st of January 1919

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Constitution of the first Assembly of Ireland – 21st of January 1919

Journal Title: Krytyka Prawa. Niezależne studia nad prawem - Year 2016, Vol 8, Issue 4

Abstract

Article is a presentation of a first Irish government regulation in XX century, the Constitution of the First Dáil 1919, also known as First Dáil Constitution. The author analyzes the historical background of its adoption, the scope of regulated issues and the content and meaning of the individual sections. Also presented amendments made in the constitution for a three-year period of validity. The main research problem was to search for the archetype of mentioned Act. Arguing against the common opinions (i.e. of Irish late Professor Brian Farrell), author presents, that First Dáil Constitution introduced in Ireland system known – in the science of constitutional law – as government of assembly, whose model is the French Jacobin’s Constitution 1793. The key evidence is, different than in the UK’s parliamentary system, construction of Irish legislative and executive, the prototype of which – as proved by the author – was the Constitution of Switzerland 1874. Irish legislaturę (Assembly) has a dominant position in this system – even later established judicature did not have any effect on her. The executive had no right to interfere in the operation of legislative authorities. Moreover, only the Assembly had the power to choose the head of government, approval for his choice of members of the executive (from among the deputies) and their dismissal. Also, there was no position of head of the state, and courts (or courts) was not authorized to examine the decrees of the Assembly. The author also draws attention to: a limited number of ministers, Presidents of the Assembly and nomenclature used – having not British, but the Swiss origin, and also demonstrated the influence of the adopted solutions in the form of modern Constitution of Ireland 1937. Article includes also translated into Polish language Constitution of the First Dáil 1919 with amendments adopted 1st of April 1919 (minor amendments of 1922 were discussed in the text).<br/><br/>

Authors and Affiliations

Maciej Furtas

Keywords

Prof. Brian Farrell Konstytucja Pierwszego Zgromadzenia irlandzkie prawo konstytucyjne system dyrektorialny Dáil Constitution of First Dáil 1919 government of assembly system First Assembly in Ireland

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EP ID EP210521
DOI 10.7206/kp.2080-1084.130
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