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Constitution (Amendment No. 27) Act 1936


The Constitution (Amendment No. 27) Act, 1936 was an amendment to the Constitution of the Irish Free State that was intended to abolish the office of Governor-General, removed all reference to the King, and almost completely eliminated the King's constitutional role in the state. Under the Act most of the functions previously performed by the King and his Governor-General were transferred to various other organs of the Irish government. Henceforth, the only role retained by the King was as representative of the state in foreign affairs. The amendment passed through the Oireachtas at the same time as the External Relations Act, becoming law on 11 December 1936. Its long title was:

An Act to effect certain amendments of the Constitution in relation to the executive authority and power and in relation to the performance of certain executive functions.

Due to deficiencies in the Act, the Executive Powers (Consequential Provisions) Act 1937 was passed in the following year to finally eliminate the office of Governor-General.

The opportunity for this amendment arose because the Irish Free State was then a member of the Commonwealth, and each of its members had to assent to the abdication of Edward VIII on 10 December 1936. The amendment was passed before the passing of the Executive Authority (External Relations) Act 1936 on 12 December which assented to the abdication. The policy of the Irish government was to reduce any remaining British links in the political system of the Irish Free State and to turn it into a republic.

After the adoption of the Act the duties usually performed by a head of state were distributed among a number of organs. Most importantly, the power to exercise the executive authority was vested explicitly in the Executive Council (cabinet), the right to appoint the President of the Executive Council (prime minister) was transferred to Dáil Éireann (the sole house of the Oireachtas or parliament), and the duty of promulgating the law was vested in the Ceann Comhairle, chairman of the Dáil. The King retained only a role in foreign affairs.


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