The Executive Authority (External Relations) Act 1936 (No. 58 of 1936) was an Act of the Oireachtas (Irish parliament). The Act, which was signed into law on 12 December 1936, was one of two passed hurriedly in the aftermath of the

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 ...

to sharply reduce the role of the

Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...

. It is also sometimes referred to as the External Relations Act.

Background and provisions of the Act

Under 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,Governor-General as representative of the Crown. But the

1932 Irish general election The 1932 Irish general election to the 7th Dáil was held on Tuesday, 16 February, just over two weeks after the dissolution of the 6th Dáil on 29 January. The general election took place in 30 parliamentary constituencies throughout the Irish ...

was won by

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 ...

, 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 govern ...

and other republicans who had opposed the monarchial elements in the constitution, and part of their programme aimed to reduce the role and visibility of the monarch in Irish political life. In the aftermath of King Edward VIII's signing of an Instrument of Abdication on 10 December 1936, 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. ...

enacted the

Constitution (Amendment No. 27) Act 1936 The Constitution (Amendment No. 27) Act 1936 was an amendment to the Constitution of the Irish Free State that removed all reference to the King, to the office of Governor-General, and almost completely eliminated the King's constitutional role ...

abolishing the office of the Governor-General so that thereafter the powers of the Executive Council of the Irish Free State, insofar as internal matters were concerned, ceased to be exercised in the name of the King. While the Crown was thus abolished for the purposes of internal government, article 51 of the amendment allowed the Executive Council to, for the purposes of foreign relations, make use of "any organ used as a constitutional organ for the like purposes by ther nations of the Commonwealth" The Executive Authority (External Relations) Act 1936 was enacted the following day to implement that provision. It provided that the diplomatic and consular representatives of the Irish Free State in other countries should be appointed, and that the Irish Free State's international agreements should be concluded, by the King acting on the

advice Advice (noun) or advise (verb) may refer to: * Advice (opinion), an opinion or recommendation offered as a guide to action, conduct * Advice (constitutional law) a frequently binding instruction issued to a constitutional office-holder * Advice (p ...

of the Executive Council (as. 1–2). Thus the Act preserved the Crown to a limited extent in the sphere of external relations. More particularly, the Act stipulated (s. 3(1)) that: It was in that manner specifically provided that so long as the Irish Free State was associated with the members of the British Commonwealth and so long as the members of the Commonwealth continue to recognise the King as the symbol of their special relationship and the King acts on their behalf in the sphere of external affairs, the King shall continue to act in the external relations of the Irish Free State. The meaning of this provision was a matter of considerable uncertainty. The Act also brought Edward VIII's Instrument of Abdication into effect for the purposes of Irish law (s. 3(2)). Due to the Act's phrasing, Edward VIII's abdication was actually back-dated to the day before that on which it took effect in the United Kingdom and most of the other

Dominion The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 192 ...

Executive Powers (Consequential Provisions) Act 1937

Unfortunately the speed with which the 1936 Act was passed also meant that some serious legal matters had been overlooked by the draughtsmen, touching on the top of the Irish legal hierarchy. In May 1937 these were covered by the

Executive Powers (Consequential Provisions) Act 1937 The Executive Powers (Consequential Provisions) Act, 1937 was an Act of the Oireachtas which retrospectively completed the abolition of the Governor-General of the Irish Free State. In December 1936, then President of the Executive Council of t ...

. As the Governor-Generalship had not been actually abolished by the 1936 Act, this Act was required to validate the otherwise-unlawful appointment of the

Chief Justice of Ireland The Chief Justice of Ireland ( ga, Príomh-Bhreitheamh na hÉireann) is the president of the Supreme Court of Ireland. The chief justice is the highest judicial office and most senior judge in Ireland. The role includes constitutional and admini ...

Timothy Sullivan Timothy Daniel Sullivan (July 23, 1862 – August 31, 1913) was a New York politician who controlled Manhattan's Bowery and Lower East Side districts as a prominent leader within Tammany Hall. He was known euphemistically as "Dry Dollar", as the ...

. Sullivan had in turn questionably appointed three High Court judges. The recent appointment of Patrick Lynch as the

Attorney General of Ireland The Attorney General of Ireland ( ga, An tArd-Aighne) is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does pa ...

and even the pension of the outgoing Governor-General needed to be legalised.

Repeal

The Executive Authority (External Relations) Act 1936 was repealed by

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 ...

, which came into force on 18 April 1949. The new Act vested the powers possessed by the King in the President of Ireland.

References

Citations

Sources