The birth and success of so many countries throughout history has relied not only upon the unification of the people of a nation or their ability to overcome the country that is in control of them but so much more. It is the ability of the people to pick the best leadership possible and most importantly, for the people who are selected for these leadership roles to form an effective government. The basis of such a strong and successful government is always a guideline not only of the laws the will keep the people of a country in check, but an outline of the government which enforce these laws and make sure they are fair and just. This guideline, a constitution, is the heart of all successful countries and through it a country can either rise to greatness or build upon a faulty foundation, doomed to crash down in a time of crisis and revolution. A strong constitution however, a living document which is dynamic, growing and changing with its people, will allow a country to survive any crisis, even one which may split the people of a country for hundreds of years. Such is the case in Ireland. In the Republic of Ireland, which has been in existence for only seventy-five years, the constitution has helped the country go through great economic and social changes and helped the people of the Republic of Ireland to adapt to any and all situations that they have faced. Since its birth Ireland has faced two major obstacles.
The first is that the island possesses no abundance of mineral resources and, consequently, no tradition of industrial development....The second determinant factor is the proximity of Ireland to the larger and wealthier island that is Great Nazario 2
Britain. (Chubb 1).
Despite these two major setbacks the Republic of Ireland's constitution has established a government which has been able to help its country adapt and survive in the rapidly changing and growing world which surrounds it.
The Republic of Ireland was first founded as the Irish Free State at the end of its war for independence in 1921. The opposition began as early as 1916.
The militant tradition of Irish patriotism, which has always found expression in armed conflict, gained the upper hand following a seemingly abortive coup in 1916. (Collins 5).
The British, having come out of World War I had attempted to maintain control of Ireland. However, in 1918, Sinn Fein, a militant Irish political party managed to seize a large number of seats in the general election. Forming their base, Dail Eireann, in Dublin, this group of politicians seized the opportunity to declare their freedom. When the British attempted to use force to put down the rebellion they were defeated and in December of 1921 the Anglo-Irish Treaty was signed officially recognizing the existence of the Irish Free State.
The majority of today's political institutions in Ireland are based upon the ones that were established in 1922 during the birth of the Republic of Ireland. Most of these institutions are based upon the British parliamentary system which had been the ruling body in Ireland until the war for independence took place. The Republic of Ireland's two main political parties were born out of this war as well. At the end of the war and the signing of the Anglo-Irish Treaty a split occurred within Sign Fain.
....Sign Fain split over the Treaty and a civil war between the two sides followed. The two main present-day political parties in Ireland, Fianna Fail, which opposed Nazario 3
the Treaty and Fine Gael, which supported it, have their roots in this division. (Collins 5).
This initial government which was based upon the parliament already in place in Ireland did an excellent job at accommodating its new found freedom. Areas that had not previously needed concern, like foreign affairs, a state department, a board of commerce, and national defense became priority and formed with relative smoothness. This new government would remain in place for the first fifteen years that the Republic of Ireland was in existence.
It was in 1937 that the constitution of the Republic of Ireland came into existence to help re-establish the government structures and establish a set of rules and laws to help this new government run the country effectively. This constitution was introduced by de Valera, the leader of Fianna Fail was the Prime Minister or Taoiseach of the Republic of Ireland. This new constitution established several different things. It established the President as the head of the state which would be republican. Next, while it unified the government in support of the country and gave it the ultimate law making powers, it also established a system of checks and balances to keep this new government in check. It did this through a separation of powers dividing the government up into judicial, legislative and executive branches. The legislative branch or Oireachtas, would be bicameral in nature consisting of a lower and upper house.
....the Oireachtus, composed of an upper house, Seanad Eireann, and a lower house, Dail Eireann; the President is also part of the Oireachtas;....a government to carry out the executive functions within the constraints of the Constitution and law;..... (Collins 6)
Thus was the new government established by the constitution and powers laid down for
each branch. For the President, while he may carry out many of the conventional acts of state, he
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is little more than a figure head in the Republic of Ireland. The President serves as a representative of the people based on the fact that he gets into power through direct election every seven years. For the most part the president's only role is one of mediator and negator in government disputes. He may make the final decision on a bill which is at an impasse and only make a decision on his own in the case of a national emergency. All the true power of the state is held by the Taoiseach.
The Taoiseach is the key policy-maker in the Irish government system. He serves not only as the leader of the leading government party but also as the leadership for the people to rally around in supporting government policy. He has the ability to appoint special ministers, and make investigations on a state level to aid in the relief of problems within the borders of the Republic of Ireland. As well, since the Taoiseach personally controls the Government Chief Whip as a member of his staff he holds the upper hand on all legislative programs in addition to the political party to which he belongs.
The upper house of the legislature, Seanad Eireann, is composed of sixty members and holds the junior position in the Oireachtus. The Seanad can do little more than revise bills and make them clearer in their manner of upholding the law. It is little more than an introduction and departure area for politicians.
The Seanad is often used as a stopping-point for retiring TDs or those who failed to get re-elected. It has also been useful for would-be TDs to make an initial entry on to the parliamentary scene. (Collins 83).
From this it is easy to see that the true power of the parliament lies in the hands of the
members of the 166 person Dail Eireann. This lower house controls all the other functions of
government and the creation of laws. The Dail Eireann establishes the rules for how the
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government will operate, state policies and controls many of the foreign policies as well.
However they do not, with little exception, ever control any of the financial aspects of the Republic of Ireland.
The government has exclusive initiative in matters of finance. Article 17 of the Constitution states: 'Dail Eireann may not pass any vote or resolution and no law shall be enacted for the appropriation of revenue or other public moneys....
(Collins 84).
So, it is easy to see that not only did the constitution enacted by de Valera create an effective government but it created one which could deal with any problems while keeping itself in check at all times and in all functions.
The constitution of the Republic of Ireland served to do much more than establish the government for the country. It served as a rallying point for a newly forming country and remains such a point even today. As the third constitution of the Republic of Ireland, Bunreacht na hEireann, as the constitution is named, it serves as a basis for the protection of social right as well. What is important is the it protects not just the rights of the individual but those of the family as well. It is noted that there are distinct undertones to the Irish Constitution.
A definite Catholic ethos pervades these provisions. In the articles on the family and its protection, particularly on the ban on divorce, and in its attitude to women and their role in society, the Constitution reflects Catholic teaching of the 1930s.
(Collins 80).
The constitution is clearly influenced by the background of the people that wrote it in an
intention to support the people who would live by it. It is a prime example of how it has helped
the Irish people in their times of turmoil. They always have a point to turn to in order to rally and
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move forward against any problems that they may face. The very essence of their country is
based upon their past and their beliefs and will always remain to organize and support them at all times and in all situations.
Overall, the constitution of the Republic of Ireland served to re-establish the government that had been left behind after the British were forced out in 1921. Based upon that foundation the constitution set up a parliamentary system which established not only a representative figure head for the people, but a ruling body to protect them as well and deal with any and all conflicts they may have to face over time. With few changes taking place in the powers of the government in the Republic of Ireland over the last seventy-five years, the exceptions being to adjust to exception into the European Community and the responsibilities this included, the government has remained steady and effective for the people of Ireland. The government, however, can only be as strong as its constitution. With the constitution introduced by de Valera the Republic of Ireland has a strong government indeed, one steeped in Irish tradition and values. The constitution is designed around the many values that the Irish people hold so dear and it only helps them to support it and the government it served to establish. In all the constitution and governing body of the Republic of Ireland are two strong effective tools in helping the people of Ireland with any crisis they may have faced in the past and all problems that could ever occur in the future.
Bibliography
Chubb, Basil. The Government and Politics of Ireland. Stanford: Standford University Press, 1970.
Collins, Neil. Political issues in Ireland today . Manchester: Manchester University Press, 1994.
Collins, Neil and Frank McCann. Irish Politics Today. Manchester: Manchester University Press,
1991.
Foster, R.F. The Oxford History of Ireland. Oxford: Oxford University Press, 1989.
MacNeill, J.G. Swift. The Constitutional and Parliamentary History of Ireland Till the Union. New York: Frederick A. Stokes Company, 1918.