Misplaced Pages

Constitution (Amendment No. 17) Act 1931

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

The Constitution (Amendment No. 17) Act 1931 (Act no. 37 of 1931, previously bill no. 40 of 1931), popularly called the Public Safety Act 1931 , was an Act of the Oireachtas of the Irish Free State amending the Constitution of the Irish Free State . It inserted Article 2A which empowered the Executive Council to declare a state of emergency during which most provisions of the constitution could be suspended and extra security measures taken. These measures included the uses of the Constitution (Special Powers) Tribunal, a military tribunal , to try civilians for political offences, granting extra powers of search and arrest to the Garda Síochána (police), and the prohibition of organisations deemed a threat to the state's security.

#959040

15-561: The act was rushed through in October by the then government of Cumann na nGaedheal under W. T. Cosgrave , during a period of increased activity by physical force Irish republicans . Cosgrave declared an emergency as soon as the act was passed and prohibited republican organisations, including the Irish Republican Army , Fianna Éireann , Cumann na mBan and Saor Éire , as well as communist revolutionary groups. The military tribunal

30-467: A Westminster -based parliamentary system . This article uses the term government as it is used in Parliamentary systems, i.e. meaning the administration or the cabinet rather than the state . In some countries, the title of " Official Opposition " is conferred upon the largest political party sitting in opposition in the legislature, with said party's leader being accorded the title " Leader of

45-424: A united bloc opposed to the government of the day. Some well-organised democracies, dominated long-term by a single faction, reduce their parliamentary opposition to tokenism . In some cases, in more authoritarian countries, tame "opposition" parties are created by the governing groups in order to create an impression of democratic debate. Some legislatures offer opposition parties particular powers. In Canada ,

60-833: The Constitution of the Irish Free State was proposed by the Executive Council and passed by the Oireachtas: The Statute of Westminster 1931 removed the power of the Parliament of the United Kingdom to pass laws affecting British Dominions , including the Irish Free State . Parliamentary opposition Parliamentary opposition is a form of political opposition to a designated government, particularly in

75-454: The September 1927 general election to the 6th Dáil held on 15 September 1927. The 4th executive council lasted for 900 days from its appointment until it resigned from office, and continued to carry out its duties until the appointment of its successor for a further 5 days, for a total of 905 days. The 5th executive council of the Irish Free State (2 April 1930 – 9 March 1932) was formed after

90-468: The nomination of the President of the Executive Council on 2 April 1930, Fianna Fáil leader Éamon de Valera , Labour Party Leader Thomas J. O'Connell , and Cumann na nGaedheal leader and outgoing President W. T. Cosgrave were each proposed. The motions proposing de Valera and O'Connell were defeated, while the motion proposing Cosgrave was carried with 80 votes in favour to 65 votes against. Cosgrave

105-624: The 1931 act informed the provisions of the Emergency Powers Act 1939 , in force during the Emergency of World War II , and those of the Offences against the State Act 1939 , which remains in force with amendments. Government of the 6th D%C3%A1il There were two governments of the 6th Dáil. The 4th executive council of the Irish Free State (11 October 1927 – 2 April 1930) was formed after

120-631: The Oireachtas had not acted ultra vires in passing the 1931 act. The Act became obsolete on the repeal of the 1922 Constitution by the Constitution of Ireland in 1937, and was formally repealed by the Statute Law Revision Act 2016 . Article 28.3.3° of the Constitution of Ireland allows the Oireachtas to declare a state of emergency during a period of war or armed rebellion. Experience of

135-572: The Opposition ". In first-past-the-post assemblies, where the tendency to gravitate into two major parties or party groupings operates strongly, government and opposition roles can go to the two main groupings serially in alternation. The more proportionally representative a system, the greater the likelihood of multiple political parties appearing in the parliamentary debating chamber . Such systems can foster multiple "opposition" parties which may have little in common and minimal desire to form

150-423: The executive council resigned in a Dáil defeat. It lasted for 708 days. Both minority governments of Cumann na nGaedheal led by W. T. Cosgrave as President of the Executive Council and had the same composition in personnel. The 6th Dáil first met on 11 October 1927. In the debate on the nomination of the President of the Executive Council , Cumann na nGaedheal leader and outgoing President W. T. Cosgrave

165-521: The government benches, including Séamus Burke , Parliamentary Secretary to the Minister for Finance , as well as Independent TDs who regularly supported the government. The following day, the President tendered his resignation to the Governor-General . The Executive Council continued to carry out its duties under Article 53 of the Constitution until the appointment of its successor. In the debate on

SECTION 10

#1732848757960

180-570: The nomination of the President. The following amendments to the Constitution of the Irish Free State were proposed by the Executive Council and passed by the Oireachtas: On 27 March 1930, the Old Age Pensions Bill 1929, a private member's bill proposed by Conn Ward a member of Fianna Fáil , which was the lead party of the parliamentary opposition , passed second stage by 66 votes to 64. This occurred in part due to absences from

195-565: Was motivated in part by jury intimidation in trials of republican activists. The opposition Fianna Fáil party condemned the act and ended the emergency when it took office after the 1932 election . However, in 1933 it reinstated the emergency and banned the Blueshirts , and in 1936 the IRA was banned again. In the landmark 1934 case State (Ryan) v. Lennon , the Supreme Court of Ireland held that

210-540: Was proposed, and this resolution was carried with 76 votes in favour and 70 against. Cosgrave was then appointed as President of the Executive Council by Governor-General Tim Healy . The members of the Executive Council were nominated by the President and approved by the Dáil on 12 October. They were then appointed by the Governor General. On 13 March 1927, the Executive Council appointed Parliamentary secretaries on

225-401: Was then appointed as President of the Executive Council by Governor-General James McNeill . The members of the Executive Council were nominated by the President and approved by the Dáil on 3 April. They were then appointed by the Governor General. On 3 April 1930, the Executive Council appointed Parliamentary secretaries on the nomination of the President. The following amendment to

#959040