The Constitution (Amendment No. 24) Act, 1936 (
Act no. 18 of 1936; previously
Bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Plac ...
no. 20 of 1934) was an act of the
Oireachtas (parliament) of the
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 ...
which abolished
Seanad Éireann
Seanad Éireann (, ; "Senate of Ireland") is the upper house of the Oireachtas (the Irish legislature), which also comprises the President of Ireland and Dáil Éireann (the lower house).
It is commonly called the Seanad or Senate and its memb ...
, the
upper house
An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
of the Oireachtas, which thenceforth was
unicameral
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one.
Unicameral legislatures exist when there is no widely perceived need for multi ...
, with
Dáil Éireann as the sole house. The bill was introduced in 1934 by the
Fianna Fáil government of
Éamon de Valera
Éamon de Valera (, ; first registered as George de Valero; changed some time before 1901 to Edward de Valera; 14 October 1882 – 29 August 1975) was a prominent Irish statesman and political leader. He served several terms as head of govern ...
, which was frustrated by the Seanad's repeated use of its power to delay (though not veto) legislation. In particular,
Fianna Fáil
Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil – The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil – An Páirtí Poblachtánach), is a conservative and Christia ...
favoured eliminating
symbols of monarchy from the Free State, which the Seanad, with more
Southern Unionist
In the United States, Southern Unionists were white Southerners living in the Confederate States of America opposed to secession. Many fought for the Union during the Civil War. These people are also referred to as Southern Loyalists, Union Lo ...
members, feared would
antagonise the United Kingdom.
The Seanad opposed the bill, declining in June 1934 to give it a
second reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
. The Dáil resubmitted the bill in December 1935 and the Seanad passed a motion declining to pass it unless a replacement second chamber was created. In May 1936, the Dáil overrode the Seanad's refusal.
The act deleted 16 articles of the
1922 Constitution and made consequential amendments to numerous others. It also increased the threshold for passing a
resolution
Resolution(s) may refer to:
Common meanings
* Resolution (debate), the statement which is debated in policy debate
* Resolution (law), a written motion adopted by a deliberative body
* New Year's resolution, a commitment that an individual mak ...
of
impeachment (of
judges
A judge is an official who presides over a court.
Judge or Judges may also refer to:
Roles
*Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc.
*Judge, an alternative name/aviator call sign for a membe ...
or the
Comptroller and Auditor General
An auditor general, also known in some countries as a comptroller general or comptroller and auditor general, is a senior civil servant charged with improving government accountability by auditing and reporting on the government's operations.
Fre ...
) from a simple
majority to a four-sevenths
supermajority, since only one house, rather than two, would thenceforth be voting on such a resolution.
When a
new Seanad was created by the
1937 Constitution it was in a weakened form. Eleven senators of the sixty were to be
nominated by the Taoiseach, assisting the likelihood of a government majority.
Expiry
The Amendment became obsolete on the repeal of the 1922 Constitution on the
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 ...
in 1937, and was repealed as
spent law
In British law and in some related legal systems, an enactment is spent if it is "exhausted in operation by the accomplishment of the purposes for which it was enacted".
United Kingdom
The scope of Statute Law Revision Bills includes the repeal ...
by the
Statute Law Revision Act 2016
The Statute Law Revision Act 2016 is a Statute Law Revision Act enacted by the Oireachtas in Ireland
Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Gre ...
.
References
Sources
*
*
Citations
1936 in Irish law
Acts of the Oireachtas of the 1930s
Amendments to the Constitution of the Irish Free State
Seanad Éireann
Unicameral legislatures
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