Oireachtas of the Irish Free State: Encyclopedia II - Oireachtas of the Irish Free State - Role

Oireachtas of the Irish Free State - Role

Until 1936, to become law a bill had to be approved by both houses of the Oireachtas, and then receive the Royal Assent from the Governor-General, acting on behalf of the King. In 1936, when the King ceased to be a part of the Oireachtas, the responsibility for signing bills into law became a formality exercised by the Ceann Comhairle. Whatever the procedure in practice the Dáil had power to ensure the enactment of almost any law it chose. Before its abolition the Seanad merely had power to delay money bills for 21 days and any other bill for nine months.

During the early years of the Irish Free State there existed a theoretical possibility that the Governor-General might veto an act of the Oireachtas, or "reserve it for the King's pleasure". In fact, after his appointment Governor-General Tim Healy was instructed by the British Government to withhold the Royal Assent from any bill that sought to abolish the Oath of Allegiance. However, after the passage of the Royal and Parliamentary Titles Act 1927 the British Government lost the right to formally advise the King in relation to the Free State and so the possibility of a veto royal became remote. In 1933, under Amendment No. 21 to the Free State constitution, provisions expressly permitting the Governor-General to veto or reserve bills were removed entirely.

As adopted, the Free State constitution, permitted the Oireachtas to amend the constitution by means of an ordinary law, but only during a transitional period of eight years. From 1930 it was envisaged that all amendments would be proposed by the Oireachtas but then be subject to approval in a referendum. However this transitional period was extended in 1929 so that during the entire period of the Irish Free State the Oireachtas had authority to adopt constitutional amendments without recourse to a referendum. Until the 1936 the Oireachtas was theoretically prevented from adopting any law or constitutional amendment that violated the terms of the 1921 Anglo-Irish Treaty. However, constitutional changes introduced in that year removed this limitation.

Oireachtas of the Irish Free State - Powers

Under the constitution the Oireachtas had exclusive authority to:

• Legislate, including approving the budget.
• Create subordinate legislatures.
• Amend the constitution.
• Permit the state to participate in a war.
• Raise and control armed forces.

Oireachtas of the Irish Free State - Limitations

• In theory laws were invalid if they were repugnant to the constitution. In practice the power of the Oireachtas to amend the constitution prevented meaningful judicial review.
• Until 1936 laws or constitutional amendments were invalid if they violated the Anglo-Irish Treaty.
• It could not retrospectively criminalise acts that were not illegal at the time they were committed.
• Until the 1931 Statute of Westminster, the British Parliament retained the power, in theory, to legislate for the Irish Free State without its consent.
• The Oireachtas could only legislate for the Free State, and not for Northern Ireland.

Adapted from the Wikipedia article "Role", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki