External Act Relations

The Executive Authority (external Relations) Act is a law promulgated by the Oireachtas of the State Libre of Ireland (Irish Parliament) in 1936. This law belongs to the two laws voted to regulate the consequences of the abdication of the king Edouard VIII like King d' Irlande and others Royaumes of the Commonwealth.

Historical context

The abdication of the king Edouard VIII following the refusal of the various Prime Ministers for the the Commonwealth to accept its right to marry Wallis Simpson while remaining on the throne caused main issue for Eamon de Valera, President of the Executive council of the State Libre of Ireland (Prime Minister). De Valera had systematically withdrawn from the Constitution of the State Libre of Ireland all the references to the king and the crown. Abdication with nevertheless left De Valera vis-a-vis a difficult problem: according to a former decision of a conference of the the Commonwealth, for the businesses concerning the crown and requiring a law, this law was to be voted by each Member State of the Commonwealth, except if the state in question asks the the United Kingdom to legislate on its behalf.

What qignifie that so that the abdication of the King is validated in the State Libre of Ireland, is the Oireachtas must legislate, that is to say with the approval of the State Libre of Ireland, the British Parliament must legislate. De Valera wanted neither to legislate for the crown, nor to require of the British to do it for him.

Two laws

The solution of De Valera was double. The Loi Consitutionnelle (Amendment n° 27) withdrew the crown and the king of Consitution and abolishes seemingly the role of Gourverneur-General. That became however problematic when James Geoghegan, Attorney-General of the government of Valera, Maurice Moynihan, Secrétaire of the Executive council, and the office of the Parliamentary Draftsman contradicted De Valera and affirmed that the station had not been correctly abolished. To clarify the things, the Executive Powers (Consequential Provisions) Act of 1937 again retroactively abolishes the station of Governor-General and settled some financial questions.

external Relations Act of 1936 was the second part of the legislative strategy of Valera. One day after having abolished the crown and the role of the King in the constitutional law, De Valera resuscitait the King to fulfill the role of Head of State on the level of the foreign relations. For allows the State Libre of Ireland to recognize abdication, abdication and the accession with the throne of King George VI were recognized by an article of external Relations Act .

The only functions left to the King were:

the signature of the letters of accreditation acréditant the Irish ambassadors;
the signature of the treaties in the name of Ireland.

These two roles belonged to the King already previously according to the constitution of the State Libre of Ireland.

external Relations Act remained into force after the State Libre of Ireland was replaced by the Eire (or Ireland, from now on Irish Republic) in December 1937. The King then fulfilled the functions normally reserved for the Head of State on the level of the international businesses, the President of Ireland having a constitutional role in the businesses interiors.

Abrogation

At the end of the years 1940, De Valera decided to change the law. The total abrogation of the law or his simple amendment were not decided when it lost the capacity in 1948. Cearbhall Ó Dálaigh, its Attorney-General of the time had studied the various options when the government of the Fianna Fáil of Valera was replaced by the government of John A. Costello.

The Executive Authority (external Relations) Act of 1936 was finally repealed by the Republic off Ireland Act of 1948 which came into effect on April 1st 1949. The new law transfers the capacities from the King to the President of the Irish Republic.

Source

Random links: