This book challenges the myths surrounding the Irish Free Constitution by analysing the document in its context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgment in the drafting process or to subsequent events and treatment of the document. As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as the archival material now available. Given the fact that the current Constitution substantially reproduces much of the 1922 text, the work will be of interest to modern constitutional scholars as well as legal historians and anyone with an interest in the period surrounding the creation of the Irish State.
Although de Valera had championed the proposal during much of the 1920s,16
once Fianna Fáil was established he refused to be bound to such a strategy.17
When ard fheis delegates regularly raised the issue it was argued that the matter
would be pertinent only in the context of a new constitution. Consequently,
when preparations for Bunreacht na hÉireann were in progress, the issue became
a live one, with proposals put down at the 1936 and 1937 ard fheiseanna and
at the National Executive.18
From Partition to Brexit
The Constitution as an expression of
compensate for its inexperience. This required also that the civil service
should not fear the minister. The apparently vindictive dismissal of Edward
McCarron in November 1936, the secretary of the Department of Local
Government, had unnerved the civil service. What the State required, argued
Costello, was an independent and expert civil service, not a cowed bureaucracy that was a machine in the hands of the minister. MacEntee did not even
reply to the debate. 73
M1206 MAGUIRE TEXT.qxp:Andy Q7
Fianna Fáil, 1932–38
, ‘Ban Ki-moon praises Ireland on marriage
equality vote’, Irish Examiner (24 May 2015).
3 An independent non-party group formed in 2007 to campaign for full
equality for all people in Ireland regardless of gender or sexuality.
4 Ellen Coyne, ‘Repeal leaders named icons for “transforming view of
Ireland” ’, The Times (18 April 2019).
5 Bunreacht na hÉireann (Constitution of Ireland, enacted in 1937), Article
40.3.3 (ratified in 1983).
6 Paddy Agnew, ‘Marriage referendum a “defeat for humanity” – does the
Vatican just not get it?’, Irish Times (30 May 2015).
somebody who is not a Commonwealth citizen, a British protected person or not a citizen of the Republic of Ireland. 7
The Irish state, for its part, offered reciprocal rights to citizens of the UK. Further, it extended an all-island entitlement to Irish citizenship. The partition of Ireland in 1920 split Irish nationalists fighting for independence and triggered the Irish Civil War (1922–1923), but the principle of a united Ireland remained a nationalist political aspiration. Article 2 of the 1937 Constitution of the Irish state, Bunreacht na
unhelpful. Legitimate differences exist within both
religious (McDonagh and MacNamara, 2013) and secular traditions (Turner,
2003), and ascribing positions simply on the basis of religious affiliation/
non-affiliation stifles dialogue.
There has tended to be limited political appetite for discussion of ethical
issues in healthcare. This derives in part at least from political timidity, which
was perhaps an inevitable response to the polarised nature of debates around
the introduction of the Eighth Amendment to Bunreacht na hÉireann in 1983
(Hesketh, 1990). Because of
establishes its legal basis. A constitution like Bunreacht na hÉireann is ‘the supreme source of law’ within a state
and fulfils several purposes: it outlines the structure of government; it reflects
and codifies the beliefs and values of society; it is often used as a ‘statement of
intent’, presenting an image of what people would like their society to be (Collins
and Cradden, 2001, p. 72). Although ‘historically conditioned’ by the particular
circumstances in which a state finds itself during its creation (FitzGerald, 2003,
p. 39), a constitution reflects prevailing
him (State (Howard)
v. Donnelly  I.R. 51; Article 6(3)(a), ECHR), to have enough time to
properly prepare his defence (The State (Howard) v. Donnelly  I.R. 51; Re
Haughey  I.R. 217; Leonard v. Garavan (HC, 30 April 2002 (McKenchie
J.); Article 6(3)(b), ECHR), to a speedy trial (State (O’Connell) v. Judge Fawsitt
 I.L.R.M. 639; Re Singer 97 I.L.T.R. 130; DPP v. Byrne  2 I.R. 236),
to have his case heard in a properly constituted court and in public (Shelly v.
District Justice Mahon  1 I.R. 36; Article 34.1 of Bunreacht na hÉireann
Theatre as critic and conscience of Celtic Tiger Ireland
‘Holes in the ground’: theatre as critic and
conscience of Celtic Tiger Ireland
Article 43.1 The State acknowledges that man, in virtue of his rational
being, has the natural right, antecedent to positive law, to the private ownership of external goods.
Article 43.2 The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to
transfer, bequeath, and inherit property. (Bunreacht na h-Éireann / The
Constitution of Ireland, 2002, p. 166)
Every productivist society probably counts
that bound the civil
service and the State in Ireland to each other in the period from the beginning
of the third Home Rule crisis in 1912, through the years of revolution and partition and the establishment of the Irish Free State under the 1921 Anglo-Irish
Treaty, to the enactment in 1937 of Bunreacht na hÉireann, the constitution of
the independent State of Ireland and the 1938 Anglo-Irish agreement. The
book examines the relationship between the State in Ireland and the civil
service under, ﬁrst, British rule, then under the Provisional Government that