Executive Powers (Consequential Provisions) Act
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The Executive Powers (Consequential Provisions) Act, 1937 was an Act of the Oireachtas which retrospectively completed the abolition of the Governor-General of the Irish Free State.
In December 1936 then President of the Executive Council of the Irish Free State Eamon de Valera had ensured the passage of the Constitution (Amendment No. 27) Act which proported to abolish the office of governor-general. However he was advised by his Attorney-General, James Geoghegan, the Secretary to the Executive Council, Maurice Moynihan and Mr Matheson of the Parliamentary Draftsman's office that that Act did not actually abolish the office. They informed de Valera that removing the governor-generalship from the Irish Free State Constitution in itself did not abolish the office, as the office had an existence independent to the constitution in a number of sources, namely
- Letters Patent from the King constructing and regulating the office
- Orders-in-Council
- Statutory Instruments
- Statute law
The Act had three main aims:
- 1. to re-abolish the governor-generalship in those areas where the office had legally survived
- 2. to retrospectively sort out constitutional and legal problems that the removal of the office from the constitution in December 1936 had created, notably
- * the illegal installation of the Chief Justice of the Irish Supreme Court, who had been legally to make a declaration of office in front the governor-general, but did not do so as it was unclear as to whether there was still a governor-general, as so participated in a phoney 'installation' ceremony which de Valera claimed had been created in a recent Courts of Justice Act (it hadn't.)
- * the illegal installation of three judges of the Supreme Court, all of whom made their declarations of office in front on an illegally installed Chief Justice
- * the illegal installation of a new Attorney-General, in breach of the requirement of the Ministers and Secretaries Act 1924 that only the governor-general could appoint him.
- 3. The granting of a pension to the 'former' governor-general, Domhnall Ua Buachalla.
External link
| The Irish Free State (1922-1937) |
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| Anglo-Irish Treaty | Provisional Government | Constitution of the Irish Free State | Statute of Westminster | Great Seal of the Irish Free State | Monarchy in the Irish Free State | |
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Executive King of Ireland | Governor-General | President of the Executive Council | Vice-President of the Executive Council | Executive Council | Extern Minister | Ministers and Secretaries Act | His Majesty's Government in the Irish Free State | |
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''Legislative: Oireachtas of Saorstát Éireann (made up of the King of Ireland, Dáil Éireann & Seanad Éireann) | Royal Assent | Ceann Comhairle | Cathaoirleach | Oath of Allegiance | Governor-General's Address to the Oireachtas | |
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Judiciary Supreme Court | High Court | Chief Justice | Courts of Justice Act, 1924 | |
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Other topics: General elections: 1922 | 1923 | 1927 (June) | 1927 (Sept) 1932 | 1933 | 1937 See also: External Relations Act | Executive Powers (Consequential Provisions) Act | Constitution (Amendment No. 27) Act
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