Irish republican legitimism denies the legitimacy of the political entities of the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
and
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
and posits that the pre-
partition
Partition may refer to:
Computing Hardware
* Disk partitioning, the division of a hard disk drive
* Memory partition, a subdivision of a computer's memory, usually for use by a single job
Software
* Partition (database), the division of a ...
Irish Republic
The Irish Republic ( ga, Poblacht na hÉireann or ) was an unrecognised revolutionary state that declared its independence from the United Kingdom in January 1919. The Republic claimed jurisdiction over the whole island of Ireland, but by ...
continues to exist. It is a more extreme form of
Irish republicanism
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 ...
, which denotes rejection of all
British rule in Ireland
British rule in Ireland spanned several centuries and involved British control of parts, or entirety, of the island of Ireland. British involvement in Ireland began with the Anglo-Norman invasion of Ireland in 1169. Most of Ireland gained indepen ...
. The concept shapes aspects of, but is not synonymous with,
abstentionism
Abstentionism is standing for election to a deliberative assembly while refusing to take up any seats won or otherwise participate in the assembly's business. Abstentionism differs from an election boycott in that abstentionists participate in ...
.
Historical development
Republican legitimists adopt a traditional Irish republican analysis that views the
Irish Republic
The Irish Republic ( ga, Poblacht na hÉireann or ) was an unrecognised revolutionary state that declared its independence from the United Kingdom in January 1919. The Republic claimed jurisdiction over the whole island of Ireland, but by ...
as proclaimed "in arms" during the 1916
Easter Rising
The Easter Rising ( ga, Éirà Amach na Cásca), also known as the Easter Rebellion, was an armed insurrection in Ireland during Easter Week in April 1916. The Rising was launched by Irish republicans against British rule in Ireland with the a ...
as the sole legitimate authority on the island of Ireland. This view is partly shared by all political parties in the present-day
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
, which "ratified" the Republic proclaimed in 1916, is a predecessor to the current, internationally recognised, Dáil, the lower house of the Irish Parliament.
It is on the issue of the 1921
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 ...
that republican legitimism departs from mainstream constitutional understanding. It views the Anglo-Irish Treaty as incompatible with the Irish Republic and thus null and void. Although the Treaty was endorsed by the majority of TDs of the
Second Dáil
The Second Dáil () was Dáil Éireann as it convened from 16 August 1921 until 8 June 1922. From 1919 to 1922, Dáil Éireann was the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consisted of members elected ...
, republican legitimists argue that the vote was invalid as all TDs had, prior to their election, taken a solemn oath to defend the Irish Republic, and that people could not possibly express their true desires on the treaty, as the British had threatened a massive escalation, "immediate and terrible war" as they phrased it, if it was not accepted.
On the basis of these views, republican legitimism argued that:
* all Irish parliaments convened since the
Second Dáil
The Second Dáil () was Dáil Éireann as it convened from 16 August 1921 until 8 June 1922. From 1919 to 1922, Dáil Éireann was the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consisted of members elected ...
in 1921 are illegitimate as they were established by a piece of British legislation, the
Irish Free State (Agreement) Act 1922
The Irish Free State (Agreement) Act 1922 (12 & 13 Geo. 5 c. 4) was an Act of the British Parliament passed on 31 March 1922. It gave the force of law to the Anglo-Irish Treaty, which was scheduled to the Act.
Main provisions
Section 1(1) of th ...
.This applies directly in the case of 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 Provision ...
; by proxy of 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,fourth to
Ninth Dáil
In music theory, music, a ninth is a Interval (music)#Simple and compound, compound interval (music), interval consisting of an octave plus a Interval number, second.
Like the second, the interval of a ninth is classified as a Consonance ...
s; and by proxy of both the Constitution of the Irish Free State and the current
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 democra ...
enacted by the ninth Dáil for the tenth and all subsequent Dáils.
* The
passed a resolution which provided that if enemy action ever succeeded in preventing the Dáil from functioning democratically, the Army should have the power to proclaim an Emergency Government;
* the 64 TDs who voted for the Treaty in 1922 had violated their oath to the Irish Republic and abdicated their legitimacy;
* The Second Dáil had never formally dissolved itself.
The pro- and anti-treaty factions of
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 ...
, the
Second Dáil
The Second Dáil () was Dáil Éireann as it convened from 16 August 1921 until 8 June 1922. From 1919 to 1922, Dáil Éireann was the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consisted of members elected ...
was never dissolved. Led by
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 governm ...
and others, the Second Dáil TDs who had voted against the Treaty
abstained
Abstention is a term in election procedure for when a participant in a vote either does not go to vote (on election day) or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with ...
from the (26 county) Provisional Parliament of the Free State and the subsequent
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. ...
. They and their opponents engaged in the
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 ...
in 1922-23.
Although de Valera had resigned as President of the Republic on 7 January 1922, and had not been re-elected on a very close Dáil vote two days later, a meeting of the IRA Army Executive at Poulatar, Ballybacon on 17 October 1922 adopted a proclamation "reinstating" de Valera as "President of the Republic" and "Chief Executive of the State". The "Emergency Government," as de Valera called it in his autobiography, was established on 25 October 1922.
Members of this Republican government were:
* Éamon de Valera - "President of the Republic" (after his arrest in 1923, substituted by Patrick J. Ruttledge)
*
Robert Barton
Robert Childers Barton (14 March 1881 – 10 August 1975) was an Anglo-Irish politician, Irish nationalist and farmer who participated in the negotiations leading up to the signature of the Anglo-Irish Treaty. His father was Charles William Bar ...
Seán T. O'Kelly
Seán Thomas O'Kelly ( ga, Seán Tomás Ó Ceallaigh; 25 August 1882 – 23 November 1966), originally John T. O'Kelly, was an Irish Fianna Fáil politician who served as the second president of Ireland from June 1945 to June 1959. He also serve ...
- "Minister for Local Government"
* P.J. Ruttledge - "Minister of Home Affairs"
*
Austin Stack
Augustine Mary Moore Stack (7 December 1879 – 27 April 1929) was an Irish republican and politician who served as Minister for Home Affairs from 1921 to 1922. He was a Teachta Dála (TD) from 1918 to 1927.
Early life
Stack was born in Bally ...
- "Minister of Finance"
De Valera also appointed twelve members of the Second Dáil to act as a Council of State. They were:
*
Robert Barton
Robert Childers Barton (14 March 1881 – 10 August 1975) was an Anglo-Irish politician, Irish nationalist and farmer who participated in the negotiations leading up to the signature of the Anglo-Irish Treaty. His father was Charles William Bar ...
(who had signed the Treaty) - chairman of the Agricultural Credit Corporation from 1934–1954
*
- did not join Fianna Fáil as he refused to take the Oath of Allegiance
*
Laurence Ginnell
Laurence Ginnell (baptised 9 April 1852 – 17 April 1923) was an Irish nationalist politician, lawyer and Member of Parliament (MP) of the House of Commons of the United Kingdom of Great Britain and Ireland as member of the Irish Parliamentary ...
Seán Moylan
Seán Moylan (19 November 1889 – 16 November 1957) was a senior officer of the Irish Republican Army and later a Fianna Fáil politician. He served as Minister for Agriculture from May 1957 to November 1957, Minister for Education from 1951 ...
Seán T. O'Kelly
Seán Thomas O'Kelly ( ga, Seán Tomás Ó Ceallaigh; 25 August 1882 – 23 November 1966), originally John T. O'Kelly, was an Irish Fianna Fáil politician who served as the second president of Ireland from June 1945 to June 1959. He also serve ...
Count Plunkett
George Noble Plunkett (3 December 1851 – 12 March 1948) was an Irish nationalist politician, museum director and biographer, who served as Minister for Fine Arts from 1921 to 1922, Minister for Foreign Affairs from 1919 to 1921 and Ceann Comha ...
- signed 1938 statement
*
P. J. Ruttledge
Patrick Joseph Ruttledge (1 January 1892 – 8 May 1952) was an Irish Fianna Fáil politician who served as Minister for Health (Ireland), Minister for Local Government and Public Health from 1939 to 1941, Minister for Justice (Ireland), Ministe ...
(helped to found Fianna Fáil in 1926)
*
Austin Stack
Augustine Mary Moore Stack (7 December 1879 – 27 April 1929) was an Irish republican and politician who served as Minister for Home Affairs from 1921 to 1922. He was a Teachta Dála (TD) from 1918 to 1927.
Early life
Stack was born in Bally ...
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
Ard Fheis
or ''ardfheis'' ( , ; "high assembly"; plural ''ardfheiseanna'') is the name used by many Irish political parties for their annual party conference. The term was first used by Conradh na Gaeilge, the Irish language cultural organisation, for it ...
,
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 governm ...
(then president of the party) effectively called for the tactical abandonment of the legitimist argument by proposing that the party accept the Free State constitution and return to electoral politics contingent on the abolition of the Oath of Allegiance to the Crown. Opponents of the proposal, led by Father
Michael O'Flanagan
Michael O'Flanagan ( ga, MÃcheál Ó Flannagáin; 13 August 1876 – 7 August 1942) was a Roman Catholic priest, Irish language scholar, inventor and historian. He was a popular, socialist Irish republican; "a vice-president of the Irish Ag ...
,Maria Luddy, 'MacSwiney, Mary Margaret (1872–1942)',
Oxford Dictionary of National Biography
The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...
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 Páirtà Poblachtánach), is a conservative and Christian- ...
, which entered the Dáil 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 th ...
in 1927, reducing the ranks of this rump Second Dáil even further. From this point onwards, de Valera and his followers were seen as having departed from the principles of republicanism by republican legitimists, who set up
Comhairle na Poblachta
Comhairle na Poblachta was an Irish republican organisation established in 1929.
The organisation had the support of the IRA, which had agreed to its formation at its General Army Convention in January 1929. The IRA envisaged it as a co-ordinati ...
The adoption of the 1937 Constitution changed the name of the state from "Irish Free State" to "Ireland", but legitimists continued to use the obsolete "Free State" to refer derisively to the regime it considered illegitimate; a practice continued past the
Republic of Ireland Act 1948
The Republic of Ireland Act 1948 (No. 22 of 1948) is an Act of the Oireachtas which declared that the description of Ireland was to be the Republic of Ireland, and vested in the president of Ireland the power to exercise the executive authority ...
and down to the present day.
The 17 December 1938 issue of the ''
Wolfe Tone Weekly
The ''Wolfe Tone Weekly'' (1937–1939) was an Irish republican newspaper, edited by Brian O'Higgins.
It first appeared in September 1937. Unlike its republican predecessor, An Phoblacht (edited by Peadar O'Donnell), the Wolfe Tone Weekly lack ...
'' carried a statement from a body calling itself the Executive Council of the Second Dáil. Above this statement was an introductory paragraph written by Seán Russell announcing that on 8 December, the anniversary of the
executions
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
Joe McKelvey
Joseph McKelvey (17 June 1898 – 8 December 1922) was an Irish Republican Army officer who was executed during the Irish Civil War. He participated in the anti-Treaty IRA's repudiation of the authority of the Dáil (civil government of the Iri ...
) in 1922, the group had transferred what they believed was their authority as Government of the
Irish Republic
The Irish Republic ( ga, Poblacht na hÉireann or ) was an unrecognised revolutionary state that declared its independence from the United Kingdom in January 1919. The Republic claimed jurisdiction over the whole island of Ireland, but by ...
to the
IRA Army Council
The IRA Army Council was the decision-making body of the Provisional Irish Republican Army, a paramilitary group dedicated to bringing about independence to the whole island of Ireland and the end of the Union between Northern Ireland and Great B ...
. The statement was published in both
Irish
Irish may refer to:
Common meanings
* Someone or something of, from, or related to:
** Ireland, an island situated off the north-western coast of continental Europe
***Éire, Irish language name for the isle
** Northern Ireland, a constituent unit ...
and
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
and appeared below the banner headline "IRA take over the Government of the Republic".
The legalistic basis for this transfer of authority was 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 ...
on 11 March 1921 in response to the arrest of many TDs during the IRA's war with British security forces. Rather than nominate substitute members, Plunkett had said "it was usual to substitute
military dictatorship
A military dictatorship is a dictatorship in which the military exerts complete or substantial control over political authority, and the dictator is often a high-ranked military officer.
The reverse situation is to have civilian control of the m ...
in countries invaded", and the Dáil decided that "when the number f TDsfell to five the Army RAshould take control" and "resolve itself into a Provisional Government".
During the period 1922-1938, all seven signatories stood for re-election in the Irish Free State, but by 1938 none were successful. Therefore, they considered that their past electoral status in 1921-22 was more important than their subsequent attempts to be elected, as the Second Dáil arose from the last election held in the whole island of Ireland. The signatories now argued that the seven general elections that the Irish Free State electorate had voted in, from 1922 to mid-1938, had all been illegitimate and unconstitutional; even though they had themselves stood as candidates and had on occasion been elected in some of them.
The text of the statement is as follows:
Henceforth, the IRA Army Council perceived itself to be the legitimate government of the
Irish Republic
The Irish Republic ( ga, Poblacht na hÉireann or ) was an unrecognised revolutionary state that declared its independence from the United Kingdom in January 1919. The Republic claimed jurisdiction over the whole island of Ireland, but by ...
. This allowed it to present its declaration of war on Britain in January 1939 (see
S-Plan
The S-Plan or Sabotage Campaign or England Campaign was a campaign of bombing and sabotage against the civil, economic and military infrastructure of the United Kingdom from 1939 to 1940, conducted by members of the Irish Republican Army (IRA). ...
) as the act of a legitimate, ''
de jure
In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
'' government.
1969 – Official/Provisional split
In December 1969, the IRA General Army Convention decided to drop its policy of
abstentionism
Abstentionism is standing for election to a deliberative assembly while refusing to take up any seats won or otherwise participate in the assembly's business. Abstentionism differs from an election boycott in that abstentionists participate in ...
. This resulted in a split in the organisation, leading to the emergence of the (then) majority
Official IRA
The Official Irish Republican Army or Official IRA (OIRA; ) was an Irish republican paramilitary group whose goal was to remove Northern Ireland from the United Kingdom and create a "workers' republic" encompassing all of Ireland. It emerged ...
and (minority)
Provisional IRA
The Irish Republican Army (IRA; ), also known as the Provisional Irish Republican Army, and informally as the Provos, was an Irish republicanism, Irish republican paramilitary organisation that sought to end British rule in Northern Ireland, fa ...
. The supporters of the latter approached
Tom Maguire
Tom Maguire (28 March 1892 – 5 July 1993) was an Irish republican who held the rank of commandant-general in the Western Command of the Irish Republican Army (IRA) and led the South Mayo flying column.
Early life
Tom Maguire was born 28 Mar ...
, the last surviving member of the 1938 seven-member rump Second Dáil, who declared that the Provisional IRA was the legitimate successor to the 1938 Army Council and, as such, was the legal embodiment of the
Irish Republic
The Irish Republic ( ga, Poblacht na hÉireann or ) was an unrecognised revolutionary state that declared its independence from the United Kingdom in January 1919. The Republic claimed jurisdiction over the whole island of Ireland, but by ...
.
The text of the statement is as follows:
The Provisional IRA's political wing,
1979 European Parliament election
The 1979 European Parliament election was a series of parliamentary elections held across all 9 (at the time) European Community member states. They were the first European elections to be held, allowing citizens to elect 410 MEPs to the Europea ...
ardfheis
or ''ardfheis'' ( , ; "high assembly"; plural ''ardfheiseanna'') is the name used by many Irish political parties for their annual party conference. The term was first used by Conradh na Gaeilge, the Irish language cultural organisation, for i ...
, it was decided to contest the
1984 European Parliament election
Events
January
* January 1 – The Bornean Sultanate of Brunei gains full independence from the United Kingdom, having become a British protectorate in 1888.
* January 7 – Brunei becomes the sixth member of the Association of Southeast A ...
Tom Maguire
Tom Maguire (28 March 1892 – 5 July 1993) was an Irish republican who held the rank of commandant-general in the Western Command of the Irish Republican Army (IRA) and led the South Mayo flying column.
Early life
Tom Maguire was born 28 Mar ...
, who in two statements written in 1986 and 1987 but issued posthumously in 1994, maintained that the Army Council of the
Continuity IRA
The Continuity Irish Republican Army (Continuity IRA or CIRA), styling itself as the Irish Republican Army (), is an Irish republican paramilitary group that aims to bring about a united Ireland. It claims to be a direct continuation of the or ...
Dáil Éireann
Dáil Éireann ( , ; ) is the lower house, and principal chamber, of the Oireachtas (Irish legislature), which also includes the President of Ireland and Seanad Éireann (the upper house).Article 15.1.2º of the Constitution of Ireland read ...
Westminster Parliament
The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...
Dissident republican
Dissident republicans, renegade republicans, anti-Agreement republicans or anti-ceasefire republicans ( ga, poblachtach easaontach) are Irish republicans who do not support the current peace agreements in Northern Ireland. The agreements follow ...
", label for those rejecting the 1990s peace process