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Constitutional Autochthony
In political science, constitutional autochthony is the process of asserting constitutional nationalism from an external legal or political power. The source of wiktionary:autochthony, autochthony is the Greek language, Greek word αὐτόχθων translated as ''springing from the land''. It usually means the assertion of not just the concept of autonomy, but also the concept that the constitution derives from their own native traditions. The autochthony, or home grown nature of constitutions, give them authenticity and effectiveness. It was important in the making and revising of the constitutions of Bangladesh, India, Pakistan, Ghana, South Africa, Sierra Leone, Zambia and many other members of the British Commonwealth. This proposition found doctrinal support in the influential theory propounded by the legal philosopher, Hans Kelsen, which had it that it was inconceivable for a legal system to split into two independent legal systems through a purely legal process. One of the ...
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Political Science
Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of political activities, political thought, political behavior, and associated constitutions and laws. Modern political science can generally be divided into the three subdisciplines of comparative politics, international relations, and political theory. Other notable subdisciplines are public policy and administration, domestic politics and government, political economy, and political methodology. Furthermore, political science is related to, and draws upon, the fields of economics, law, sociology, history, philosophy, human geography, political anthropology, and psychology. Political science is methodologically diverse and appropriates many methods originating in psychology, social research, and political philosophy. Approaches include positivism, interpretivism, rational choice theory, behaviouralism, structuralism, post-struct ...
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Irish Free State
The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between the forces of the Irish Republic – the Irish Republican Army (IRA) – and British Crown forces. The Free State was established as a dominion of the British Empire. It comprised 26 of the 32 counties of Ireland. Northern Ireland, which was made up of the remaining six counties, exercised its right under the Treaty to opt out of the new state. The Free State government consisted of the Governor-General – the representative of the king – and the Executive Council (cabinet), which replaced both the revolutionary Dáil Government and the Provisional Government set up under the Treaty. W. T. Cosgrave, who had led both of these administrations since August 1922, became the first President of the Executive Council (prime minister). The ...
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Adoption Of The Constitution Of Ireland
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.L. Prakke, C. A. J. M. Kortmann, ''Constitutional Law of 15 EU Member States'', 'Ireland – The Constitution of 1937' (Kluwer, 1 January 2004), 427. 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). Background The Constitution of Ireland replaced the Constitution of the Irish Free State, which had come into force on 6 December 1922, marking the state's independence from the United Kingdom. 1922 Constitution The original text of the 1922 Constitution was a schedule to the Constitution of the Irish Free State (Saorstát Eireann) Act 1922, passed by the ...
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Revolutionary Breach Of Legal Continuity
Revolutionary breach of legal continuity is a concept in English constitutional law, which rationalises the historic English behavior when one King (or regime) was deposed and a de facto ruler was recognised as the new de jure monarch (or republican authority). More generally it is any process, unauthorised by an existing legal order, which results in the creation of a new legal order; whether or not the revolutionary change is brought about by violence. A technical breach of continuity might happen when the former constitutional arrangement is so inefficient that there is not even a practical legal way to amend it. The most recent successful ''revolutionary breach'' in England and Wales, Scotland and Northern Ireland was the Glorious Revolution of 1688–1689 which replaced King James II of England and Ireland (King James VII of Scotland) with the joint sovereignty of his son-in-law King William III of England (King William II of Scotland) and daughter Queen Mary II of England (an ...
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Constitution Of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the tradition of liberal democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive President of Ireland, president, a Bicameralism, 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 Irish constitutional plebiscite, 1937, 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. Background The Constitution of Ireland replaced the Constitution of the I ...
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Edward VIII Of The United Kingdom
Edward VIII (Edward Albert Christian George Andrew Patrick David; 23 June 1894 – 28 May 1972), later known as the Duke of Windsor, was King of the United Kingdom and the Dominions of the British Empire and Emperor of India from 20 January 1936 until his abdication in December of the same year. Edward was born during the reign of his great-grandmother Queen Victoria as the eldest child of the Duke and Duchess of York, later King George V and Queen Mary. He was created Prince of Wales on his 16th birthday, seven weeks after his father succeeded as king. As a young man, Edward served in the British Army during the First World War and undertook several overseas tours on behalf of his father. While Prince of Wales, he engaged in a series of sexual affairs that worried both his father and then-British prime minister Stanley Baldwin. Upon his father's death in 1936, Edward became the second monarch of the House of Windsor. The new king showed impatience with court protocol, and ...
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Edward VIII Abdication Crisis
In early December 1936, a constitutional crisis in the British Empire arose when King-Emperor Edward VIII proposed to marry Wallis Simpson, an American socialite who was divorced from her first husband and was pursuing the divorce of her second. The marriage was opposed by the governments of the United Kingdom and the Dominions of the British Commonwealth. Religious, legal, political, and moral objections were raised. As the British monarch, Edward was the nominal head of the Church of England, which at this time did not allow divorced people to remarry in church if their ex-spouses were still alive. For this reason, it was widely believed that Edward could not marry Simpson and remain on the throne. As a twice-divorced woman, Simpson was perceived to be politically, morally and socially unsuitable as a prospective queen consort. It was widely assumed by the Establishment that she was driven by love of money or position rather than love for the King. Despite the opposition, E ...
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Constitution (Amendment No
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines ...
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Governor-General Of The Irish Free State
The Governor-General of the Irish Free State ( ga, Seanascal Shaorstát Éireann) was the official representative of the sovereign of the Irish Free State from 1922 to 1936. By convention, the office was largely ceremonial. Nonetheless, it was controversial, as many Irish Nationalists regarded the existence of the office as offensive to republican principles and a symbol of continued British involvement in Irish affairs, despite the Governor-General having no connection to the British Government after 1931. For this reason, the office's role was diminished over time by the Irish Government. The 1931 enactment in London of the Statute of Westminster gave the Irish Free State full legislative independence. However, the Irish considered that full legislative independence had been achieved in 1922. The role of Governor-General in the Irish Free State was removed from the Constitution on 11 December 1936, at the time of Edward VIII's abdication as king of the United Kingdom and a ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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Oath Of Allegiance (Ireland)
The Irish Oath of Allegiance () was a controversial provision in the Anglo-Irish Treaty of 1921, which Irish TDs (members of the Lower House of the Irish Parliament) and Senators were required to swear before taking their seats in Dáil Éireann (Chamber of Deputies) and Seanad Éireann (Irish Senate) before the Constitution (Removal of Oath) Act 1933 was passed on 3 May 1933. The controversy surrounding the Oath was one of the principal issues that led to the Irish Civil War of 1922–23 between supporters and opponents of the Treaty. Text of the Oath The Oath was included in Article 17 of the Irish Free State's 1922 Constitution. It read: The words "allegiance to the Constitution of the Irish Free State" were taken from De Valera's preferred version, which read: "I (name) do solemnly swear true faith and allegiance to the constitution of the Irish Free State, to the Treaty of Association, and to recognise the King of Great Britain as Head of Associated States." The Oath h ...
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Constitution Of The Irish Free State
The Constitution of the Irish Free State ( ga, Bunreacht Shaorstát Eireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution,''Moore v Attorney General''
1 I.R.
the Irish Free State Constitution Act 1922 of the British Parliament, which came into effect upon receiving the royal assent on 5 December 1922, provided that the Constitution would come into effect upon the issue of a