Constitution of the Irish Free State in the context of "Royal Proclamation"

The Constitution of Ireland (Irish: Bunreacht na hÉireann, pronounced [ˈbˠʊnˠɾˠəxt̪ˠ n̪ˠə ˈheːɾʲən̪ˠ]) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliament, a separation of powers and judicial review.

It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. It came into force on 29 December 1937 following a statewide plebiscite held on 1 July 1937. The Constitution may be amended solely by a national referendum. It is the longest continually operating republican constitution within the European Union.

The Oireachtas of the Irish Free State (Irish: Oireachtas Shaorstát Éireann) was the legislature of the Irish Free State from 1922 until 1937. It was established by the 1922 Constitution of Ireland which was based from the Anglo-Irish Treaty. It was the first internationally recognised independent Irish Parliament since the historic Parliament of Ireland which was abolished with the Acts of Union 1800.

The Parliament was bicameral, consisting of Dáil Éireann (the lower house, also known as the Dáil) with 153 seats and Seanad Éireann (the upper house; also known as the Seanad) with 60 seats). The Seanad was abolished on 29 May 1936, and from then until its abolition the Oireachtas was unicameral. The King, who was officially represented by the Governor-General, was also a constituent part of the Oireachtas. The Oireachtas of the Irish Free State was disbanded by the 1937 Constitution of Ireland which created the modern Oireachtas.

Dáil Éireann (Irish: [ˌd̪ˠaːlʲ ˈeːɾʲən̪ˠ]) served as the directly elected lower house of the Oireachtas of the Irish Free State from 1922 to 1937. The Free State constitution described the role of the house as that of a "Chamber of Deputies". Until 1936 the Free State Oireachtas also included an upper house known as the Seanad. Like its modern successor, the Free State Dáil was, in any case, the dominant component of the legislature; it effectively had authority to enact almost any law it chose, and to appoint and dismiss the President of the Executive Council (prime minister). The Free State Dáil ceased to be with the creation of the modern 'Dáil Éireann' under the terms of the 1937 Constitution of Ireland. Both the Dáil and Seanad sat in Leinster House.

Seanad Éireann (Irish pronunciation: [ˈʃan̪ˠəd̪ˠ ˈeːɾʲən̪ˠ]; Senate of Ireland) was the upper house of the Oireachtas (parliament) of the Irish Free State from 1922 to 1936. It has also been known simply as the Senate, First Seanad, Free State Senate or Free State Seanad. The Seanad was established under the 1922 Constitution of the Irish Free State. A number of constitutional amendments were made to change the manner of its election and its powers. It was eventually abolished in 1936 when it attempted to obstruct constitutional reforms favoured by the government. It sat, like its modern successor, in Leinster House.

The current Constitution of Ireland came into effect on 29 December 1937, repealing and replacing the Constitution of the Irish Free State, having been approved in a national plebiscite on 1 July 1937 with the support of 56.5% of voters in the then Irish Free State. The Constitution was closely associated with Éamon de Valera, the President of the Executive Council of the Irish Free State at the time of its approval (and who assumed the position of Taoiseach on its adoption).

The state known today as Ireland is the successor state to the Irish Free State, which existed from December 1922 to December 1937. At its foundation, the Irish Free State was, in accordance with its constitution and the terms of the Anglo-Irish Treaty, governed as a constitutional monarchy in the British Commonwealth with the British monarch as head of state. The monarch was represented in the Irish Free State by the governor-general, who performed most of the monarch's duties based on the advice of elected Irish officials.

The Statute of Westminster, passed in 1931, granted expanded sovereignty to the dominions of the British Commonwealth, and permitted the Irish state to amend its constitution and legislate outside the terms of the Treaty. The Executive Authority (External Relations) Act 1936, enacted in response to the abdication of Edward VIII, removed the role of the monarch for all internal purposes, leaving him only a few formal duties in foreign relations as a "symbol of cooperation" with other Commonwealth nations. The Constitution of Ireland, which took effect in December 1937, established the position of president of Ireland, with the office first filled in June 1938, but the monarch retained his role in foreign affairs, leaving open the question of which of the two figures was the formal head of state. The Republic of Ireland Act 1948 ended the statutory position of the British monarch for external purposes and assigned those duties to the president, taking effect in April 1949, from which point Ireland was inarguably a republic.

The vice-president of the Executive Council (Irish: Leas-Uachtarán na hArd-Chomhairle) was the deputy prime minister of the 1922–1937 Irish Free State, and the second most senior member of the Executive Council (cabinet). Formally the vice-president was appointed by the Governor-General on the nomination of the president of the Executive Council, but by convention the Governor-General could not refuse to appoint a vice-president whom the president had selected.

The office of Vice President of the Executive Council was established with the establishment of the Free State in 1922. Under Article 53 of the Free State constitution the role of the vice president was to "act for all purposes in the place of the President", until the appointment of a successor in the event of his death, resignation or "permanent incapacity", or until his return in the event of his "temporary absence". However, in practice the vice president also held a second ministerial portfolio, whose duties he carried out when not called upon to become acting head of government. The president did not have the authority to advise the Governor-General to dismiss the vice president. Rather, as was the case with all other ministers, the entire Executive Council had to be dismissed and reformed en bloc if a president wanted to dismiss the vice president.