Talk:Constitutional autochthony

I recently made a series of edits to this article, and they have been reverted wholesale by two users. Jtdirl contends they are "factually inaccurate". Demiurge, on the other hand, believes they are pushing a point of view. Would either of you care to elaborate?

Lapsed Pacifist 14:37, 22 January 2006 (UTC)

Editorial opinion

it seems to me that everything from

In 1937 a whole new constitution was introduced that contained traditional nationalist symbols:

to

The articles in effect were merely decorative, intended to give the impression that the new Ireland after 1937 was more truly nationalist and traditionalist than the previous Irish Free State

are purely the opinion of wikipedia editors and should be deleted. For now, I've commented them out. Unless someone can defend them before the end of August, I shall delete them. --Red King (talk) 23:52, 15 August 2008 (UTC)

The Statute of Westminster (22&23 George V c4)

This Statute of the U.K. is the enabling legislation for the revision of and subsequent substitution of the this document which replaced the 1922 Constitution of the irish free State. Repeals of the provisions of the Anglo Irish Treaty were made possible in law becausae of the change to the terms of governance the U.K. Dominions then extant, of which Saorstat Eireann was one along with Australia, Canada, Newfoundland, New Zealand and South Africa.Jogeoghegan (talk) 07:05, 6 July 2009 (UTC). To cite Constitutional Autochtony as the major impetus for this new Constitution is inaccurate. Jogeoghegan July6, 2009. ````.

"De Valera abolished the Oath of Allegiance" - I doubt it!

The Oath of Allegiance was to the State, so it is most unlikely that he abolished it. He might well have abolished the Statement of Fidelity to the King, this is far more likely. Citation please. --Red King (talk) 02:51, 1 December 2009 (UTC)

The Oath of Allegiance was also to the King!

Constitution (Removal of Oath) Act (3 May 1933): Abolished the Oath of Allegiance and removed requirements that the constitution and laws of the Free State be compatible with the Anglo-Irish Treaty. This involved repealing Section 2 of the Constitution of the Irish Free State (Saorstát Éireann) Act 1922, as well as altering provisions of the constitution.

Therefore, under the British constitutional law in force in 1922, the Irish Free State had no authority to escape the requirements of Anglo-Irish Treaty. It was unclear that the Oireachtas could amend the Irish Free State (Saorstát Éireann) Act 1922 and, while the Free State could amend the constitution itself, any such amendment had to comply with the Treaty.

This was changed by the enactment, by the British Parliament, of the Statute of Westminster in 1931. This Act was designed to increase the autonomy of all British dominions and granted the Free State the power to alter Irish laws in any way it chose. The Free State soon used this new freedom to enact the Constitution (Removal of Oath) Act 1933. Aside from abolishing the Oath of Allegiance, a requirement of the Anglo-Irish Treaty, the Act repealed those provisions both of the constitution proper and of the Irish Free State (Saorstát Éireann) Act 1922 that required that the Free State's constitution and law comply with the Treaty.

No, the Oath was only to the Free State. There was only a statement of fidelity "... and that I will be faithful to His Majesty"(whatever that means). Otherwise, thanks for info and I concede. (But surely TDs still had to take some sort of office?). --Red King (talk) 19:25, 1 December 2009 (UTC)

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