The Constitution (Removal of Oath) Act 1933 (act no. 6 of 1933, 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. 2 of 1932) was an Act of the

Oireachtas of the Irish Free State The Oireachtas of the Irish Free State ( ga, 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. ...

amending the

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,Oath of Allegiance An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to a monarch or a country. In modern republics, oaths are sworn to the country in general, or to the country's constitution. For ...

required of members of the Oireachtas (legislature) and of non-Oireachtas extern ministers. The oath, pledging allegiance to the Constitution and fidelity to

George V George V (George Frederick Ernest Albert; 3 June 1865 – 20 January 1936) was King of the United Kingdom and the British Dominions, and Emperor of India, from 6 May 1910 until Death and state funeral of George V, his death in 1936. Born duri ...

King of Ireland King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king. *In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...

, was required by the

Anglo-Irish Treaty The 1921 Anglo-Irish Treaty ( ga , An Conradh Angla-Éireannach), commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the ...

signed in 1921, and had been the symbolic focus of

Irish republican Irish republicanism ( ga, poblachtánachas Éireannach) is the political movement for the unity and independence of Ireland under a republic. Irish republicans view British rule in any part of Ireland as inherently illegitimate. The develop ...

opposition to the Treaty in the 1922–23

Irish Civil War The Irish Civil War ( ga, Cogadh Cathartha na hÉireann; 28 June 1922 – 24 May 1923) was a conflict that followed the Irish War of Independence and accompanied the establishment of the Irish Free State, an entity independent from the United ...

. When

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 Christian- ...

was founded in 1926 by veterans of the losing anti-Treaty side in the Civil War, abolishing the oath was a core aim. It was a main item in the manifesto for its successful 1932 general election campaign, after which it formed a

minority government A minority government, minority cabinet, minority administration, or a minority parliament is a government and Cabinet (government), cabinet formed in a parliamentary system when a political party or Coalition government, coalition of parties do ...

whose first action was to introduce the Constitution (Removal of Oath) Bill 1932.

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 ...

had more ex-unionists and others conciliatory towards the United Kingdom, and voted to reject the bill unless the Treaty could be amended by agreement. After the 1933 general election, the Fianna Fáil majority government was able to override the Seanad and enact the law. As well as amending the Constitution, the 1933 act also amended the Constitution of the Irish Free State (Saorstát Eireann) Act 1922, which had both created the Constitution in Irish law and also prohibited any Constitutional amendment incompatible with the Treaty. Since the Free State could not unilaterally amend the Treaty, Fianna Fáil amended the 1922 act to remove the Treaty's precedence over the Constitution. Later constitutional amendments were also incompatible with the terms of the Treaty, in particular by weakening and ultimately abolishing the office of

Governor-General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...

. There was legal controversy over whether the Oireachtas had the power to amend the 1922 act, because it had been passed by the

Third Dáil The Third Dáil was elected at the general election held on 16 June 1922. This election was required to be held under the Anglo-Irish Treaty signed on 6 December 1921. It first met on 9 September and until 6 December 1922, it was the Provisio ...

sitting as a

constituent assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...

before the Oireachtas had come into being. In 1935 the

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 Augus ...

in London ruled that, in British law, the Oireachtas did have the power, under the

Statute of Westminster 1931 The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown. Passed on 11 December 1931, the statute increased the sovereignty of the ...

. Irish jurisprudence took issue with many of the assumptions underlying the 1935 decision. The question was rendered moot with the adoption of a new constitution in 1937 which repealed the Free State Constitution. The 1933 act was itself repealed as spent 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

Citations

Secondary Sources

* * * 1933 in Irish law Acts of the Oireachtas of the 1930s Amendments to the Constitution of the Irish Free State Monarchy in the Irish Free State Oaths of allegiance Oireachtas {{Ireland-stub