Irish head of state from 1936 to 1949
In the period 1937-1949 it was legally unclear whether the Irish government was a republic or continue a form of constitutional monarchy now, and whether the head of state is now been the President or the King ( George VI. ). The precise constitutional status that time has since contention of many political discussions.
In 1937 the existing Constitution of the Irish Free State the name of the state to "Ireland" ( Éire ) has been completely revised, modified, and all, except for the foreign policy, transfer functions of the ( British ) monarch in Ireland on the newly created President of Ireland. However, the Constitution laid the form of government not explicitly on the firm and the President of a Republic was not it also called the head of state. The uncertain status ended in 1949, as well as the foreign policy tasks were taken to the king and the form of government has been definitely established as the " Republic."
The status of the Irish state from 1936 to 1949 was merely symbolic role and had little practical effect, since both the role of the king, and that of the presidents were largely ceremonial in nature. The only practical effect of the declaration of the Republic in 1949 was the simultaneous termination of the state in the Commonwealth.
The constitutional amendment of 1936
The foundation of today's Republic of Ireland goes to the year 1922 returned as Irish Free State. This Free State was governed at least until 1936 as a kind of constitutional monarchy; the British king (who was in personal union also King of Ireland) had a number of important tasks, including the executive power, the establishment of the Cabinet and the promulgation of laws. Official representative of the King in Ireland was called the Governor-General.
But in 1936 were ( Oireachtas ) to the removed all the tasks of the king, the representation of the state to the outside, as well as the position of the Governor-General by the 27th constitutional amendment, the government. The executive power was transferred to the Executive Council, among other things, the right to determine its President to the House ( Dáil Éireann ) and the power to approve laws finally, on the Ceann Comhairle, the Chairman of the Dáil.
The new 1937 Constitution
The Constitution of Ireland, introduced in 1937, filled the gap of the Governor-General was abolished by the introduction of a directly elected president. The "President of Ireland " has been responsible for the ceremonial functions of the resolution of the Legislature, appointment of government and promulgation of laws. The executive power, often associated with the head of state, instead of the government was awarded. The new constitution included many Republican statements, eg that sovereignty derives from the people, prohibiting the granting of titles of nobility as well as the introduction of a state church.
But the government under Eamon de Valera, who designed the new constitution and introduced called, is not aware of the emergence of a republic, but named the Free State only in "Ireland " (or Éire ) instead of " Republic of Ireland " to. This decision arose in part from the fact that de Valera wanted to use this name for a hoped-for future Republic, which also included the six northern Irish counties.
Furthermore, the new constitution also declared not the (new) President as head of state, but said only the " precedence over all other persons within the State." On the contrary, Article 28 of the new Constitution (Article 51) was approved by the previous constitution were adopted, and allowed the king to continue the relationship to the outside (eg message Affairs ) to take over. Article 28.2 certain that the External Relations Act continues to apply until the legislature amends this provision.
1937-1949
Éamon de Valera (1882-1975) was 1937 Irish Taoiseach (Prime Minister ). De Valera had in 1926 the Fianna Fáil party founded, whose chairman he was. 1932 his party was the strongest force in the Irish Parliament, and he was elected Prime Minister. The Office of the Taoiseach had de Valera held continuously until 1948 ( and thereafter twice: 1951-1954 and 1957-1959 ). 1948-1951 was John A. Costello (1891-1976) Prime Minister.
Until the formation of the Irish Republic by the Republic of Ireland Act 1949, the Irish President took no international tasks. At the same time the role of the king was at this time no longer obvious to most Irish citizens. The King never visited the country and had there, by the abolition of the Governor General, also no representatives.
De Valera in 1945 asked to explain the form of government. He insisted that this was a republic. He said to the House:
Asked about the External Relations Act, he confessed:
Regardless of de Valera's views considered many political scholars the external representation as the key role of a head of state. This opinion was expressed by President John A. Costello replies during a Senate debate in December 1948, that the proposed legislation ( Republic of Ireland Bill), he will bring in the near future, would make one head of state, " it should be always ", namely the President. The party of de Valera ( at that time she was opposition in the lower house) decided to approve this proposal.
Republic of Ireland Act
The Republic of Ireland Act came into force on 18 April 1949. It was surprising that the form of government was changed to a republic by this Act, without any changes to the Constitution. The act consisted of the following three main points:
- The External Relations Act, codifying the visibility of the king, was repealed
- The form of government was enshrined with the Republic of
- The care of the relations with other countries was transferred to the President
This law automatically also ended the affiliation of the state to the Commonwealth. The fact that he was clearly chief of state, was " celebrated " by Sean T. O'Kelly with State travel to Vatican City and France. A trip to Buckingham Palace to George VI. was also planned but had to be canceled due to scheduling problems.
In 1952 the title of king in the UK by " Queen of Great Britain, Ireland and the British Dominions " was changed to " Queen of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories ". The title of "King " or " Queen of Ireland " was completely abolished.