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Constitution of the Irish Free State


The Constitution of the Irish Free State was the second constitution of the independent Irish state. It was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922 and was proclaimed by Royal Proclamation on 6 December 1922 in accordance with Article 83 of the Constitution and came into operation on the issue of that Proclamation. On the previous day the Irish Free State Constitution Act 1922 of the British Parliament received the Royal Assent and gave effect to the constitution under British law. In 1937 it was replaced by the modern Constitution of Ireland following a referendum.

As enacted, the constitution was firmly shaped by the requirements of the Anglo-Irish Treaty that had been negotiated between the British government and Irish leaders in 1921. However, following a change of government in 1932 and the adoption of the Statute of Westminster a series of amendments progressively removed many of the provisions that were required by the treaty.

The constitution established a parliamentary system of government under a form of constitutional monarchy, and contained guarantees of certain fundamental rights. It was intended that the constitution would be a rigid document that, after an initial period, could be amended only by referendum. However, amendments were made to the constitution's amendment procedure so that all amendments were in fact made by a simple Act of the Oireachtas (parliament).

Whether or not the Irish Free State would have a written constitution was the subject of some debate when the Irish Free State (Saorstát Éireann) Bill was introduced to the Provisional Parliament by President Cosgrave. The Labour leader, Thomas Johnson remarking:


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