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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 autochthony is the 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 implications of Kelsen’s theory was tha ...
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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 thoughts, 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 (often studied within comparative politics), as well as political economy and political methodology, Furthermore, political science is related to, and draws upon, the fields of economics, law, sociology, history, philosophy, human geography, journalism, political anthropology, and social policy. Political science is methodologically diverse and appropriates many methods originating in psychology, social research and cognitive neuroscience. Approaches include positivism, interpretivism, ration ...
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Irish Free State
The Irish Free State ( ga|Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in 1922 under the Anglo-Irish Treaty of December 1921. That 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 Commonwealth of Nations. It comprised 26 of the 32 counties of Ireland. Northern Ireland, which comprised 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 governments since August 1922, became the first President of the Executive Council (prime minister). The Oireachtas or legislat ...
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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 Thir ...
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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 behaviour 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 (a ...
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Constitution Of Ireland
The Constitution of Ireland ( ga|Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution is broadly within the tradition of liberal democracy, being based on a system of representative democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a 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 statewide plebiscite held on 1 July 1937. The Constitution may be amended solely by a national referendum. It is the republican constitution that has been the longest continuously in operation within the European Union. Background The Constitution of Ireland replaced the Constitution of the Irish Free State which had been in effect since the independence, as a dominion, of ...
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Edward VIII Of The United Kingdom
Edward is an English given name. It is derived from the Anglo-Saxon form ''Éadweard'', composed of the elements ''ead'' "wealth, fortune; prosperous" and ''weard'' "guardian, protector". This term is of Indo-European origin appearing in Latin «ardŭus», Greek «αρδις» (ardis) and Sanskrit «úrdhva» which means ''at the tip of the dart''. History The name Edward was popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when King Henry III of England named his firstborn son, the future Edward I of England, Edward as part of his efforts to promote a cult around Edward the Confessor, whom Henry had a deep admiration for. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant form ...
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Edward VIII Abdication Crisis
In 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 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. Simpson was perceived to be politically and socially unsuitable as a prospective queen consort because of her two previous marriages. 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, Edward declared that he loved Si ...
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Constitution (Amendment No
A constitution is an 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 the ...
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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 all the D ...
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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 certain British territories, some Commonwealth countries and a few UK bodies. Established on 13 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), and continues to act as the highest court of appeal for several independent Commonwealth nations, the Crown Dependencies, and the British Overseas Territories.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 Her 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. It is often ref ...
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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 had ...
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Constitution Of The Irish Free State
A constitution is an 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''. Some constitutions (such as that of the United Kingdom) are uncodified, but 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 the principles upon which the state ...
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Anglo-Irish Treaty
The 1921 Anglo-Irish Treaty ( ga |An Conradh Angla-Éireannach), commonly known 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 United Kingdom of Great Britain and Ireland and representatives of the Irish Republic that concluded the Irish War of Independence. It provided for the establishment of the Irish Free State within a year as a self-governing dominion within the "community of nations known as the British Empire", a status "the same as that of the Dominion of Canada". It also provided Northern Ireland, which had been created by the Government of Ireland Act 1920, an option to opt out of the Irish Free State, which it exercised. The agreement was signed in London on 6 December 1921, by representatives of the British government (which included Prime Minister David Lloyd George, who was head of the British delegates) and by representatives of the Irish Republic including Mich ...
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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 statesman and political leader in 20th-century Ireland, serving several terms as head of government and head of state, with a prominent role introducing the Constitution of Ireland. Prior to de Valera's political career, he was a commandant at Boland's Mill during the 1916 Easter Rising. He was arrested, sentenced to death but released for a variety of reasons, including the public response to the British execution of Rising leaders. He returned to Ireland after being jailed in England and became one of the leading political figures of the War of Independence. After the signing of the Anglo-Irish Treaty, de Valera served as the political leader of Anti-Treaty Sinn Féin until 1926, when he, along with many supporters, left the party to set up Fianna Fáil, a new political party which abandoned the policy of abst ...
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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-democratic, Irish nationalist political party in Ireland. The party was founded as an Irish republican party on 16 May 1926 by Éamon de Valera and his supporters after they split from Sinn Féin in the aftermath of the Irish Civil War on the issue of abstentionism on taking the Oath of Allegiance to the British Monarchy, which De Valera advocated in order to keep his position as a Teachta Dála (TD) in the Irish parliament, in contrast to his position before the Irish Civil War. Since 1927, Fianna Fáil has been one of Ireland's two major parties, along with Fine Gael since 1933; both are seen as being centre-right parties, and as being to the right of the Labour Party and Sinn Féin. The party dominated Irish political life for most of the ...
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