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Drafting the Irish Free State Constitution /

This text provides an account of the drafting of the Irish Free Constitution of 1922, analysing the document in its historical context and exploring the reasons for its lack of success.

Detalles Bibliográficos
Clasificación:Libro Electrónico
Autor principal: Cahillane, Laura (Autor)
Formato: Electrónico eBook
Idioma:Inglés
Publicado: Manchester : Manchester University Press, 2016.
Temas:
Acceso en línea:Texto completo
Tabla de Contenidos:
  • Cover; Drafting the Irish Free State Constitution; Contents; Acknowledgments; Foreword by Mr Justice Gerard Hogan; Introduction; 1. The Constitution Committee and the beginning of the drafting process; The Constitution Committee; The work of the Committee; Beginnings; Talking points: a second Chamber; Disagreements: the executive; Conclusion; 2. The Drafts; Introduction; The three Drafts; Preamble and preliminary Articles; Fundamental rights; Individual rights and duties in Draft C; Family, education and religion in Draft C; Economic life (and property) in Draft C; The legislature
  • The lower HousePowers of legislative inquiry; The upper House; The executive; The judiciary; Amendment, referendum and initiative; Decentralisation and subordinate legislatures; External relations; Conclusion; 3. Consideration by the government of the three Drafts; Introduction; Letter on Draft B; Letter on Draft A; Letter on Draft C; Criticisms; Final decision of the government; The Draft which was brought to London; Conclusion; 4. British reaction to the Draft Constitution; Introduction: the Collins-de Valera Pact; The conference on Ireland; The British receive the Draft
  • Deadlock and Kennedy's letterA critical stage and Lloyd George's letter; Griffith's reply; Redraft; Amended Draft completed; The published Draft; Conclusion; 5. Debates in the Constituent Assembly; Introduction; The aftermath of the election; Introduction of the Bill; The Committee stage and major controversies; A congenial debate?; Conclusion: the finished document; 6. Themes and influences; Introduction; Intellectual influences; Ideas from the Gaelic state; Lack of any realistic thinking on state-building and institutions; Foreign constitutions; Postwar constitutions
  • Older established constitutionsDominion constitutions; The impact of these influences on the 1922 Constitution; Popular sovereignty; Public ownership of land and natural resources, private property; The Irish language; Equality; Religion and the Church; State intervention; Conclusion; 7. The people's Constitution; Introduction; Sovereignty; Popular sovereignty; Differing perspectives; Irish citizenship; The name of the State and the Irish language; Democracy; The referendum; Article 47 in practice; The initiative; Conclusion; 8. Anti-party politics; Introduction: resistance to party politics
  • Proportional representationExternal ministers; Emergence of scheme during Committee stage; British reaction to the scheme; Dáil reaction; The final scheme; Changes in the proposal as between Draft B and the 1922 Constitution; The scheme in practice; The end of external ministers; Doomed to failure?; Functional or vocational representation; The inspiration for the inclusion of functional representation in the Constitution; Alternative visions for implementing functional representation; Executive scheme chosen; Alternative adoption in Bunreacht na hÉireann; The Seanad; The first Seanad