Irish Free State Constitution Act 1922 facts for kids
| Act of Parliament | |
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| Long title | An Act to provide for the Constitution of the Irish Free State. |
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| Citation | 13 Geo. 5 Sess. 2. c. 1 |
| Territorial extent | Ireland |
| Dates | |
| Royal assent | 5 December 1922 |
| Other legislation | |
| Repealed by | UK: Statute Law (Repeals) Act 1989 RoI: Statute Law Revision Act 2007 |
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Status: Repealed
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The Irish Free State Constitution Act 1922 (Session 2) was a very important law passed in 1922 by the Parliament of the United Kingdom. Its main job was to make the Constitution of the Irish Free State official in British law. It also formally approved the Anglo-Irish Treaty from 1921, which was a big step towards Ireland becoming independent.
Contents
What the Act Included
This Act had an introduction, five main parts (called sections), and a detailed attachment (called a schedule). The schedule contained the full text of the Constitution of the Irish Free State (Saorstát Éireann) Act 1922. This Irish Act had its own attachments: the actual text of the new Constitution and the 1921 Treaty.
The Act made sure that if any part of the new Irish Constitution or any new law made under it went against the 1921 Treaty, that part would not be valid. This meant the Treaty was the most important document.
Key Sections Explained
- Section 1: This part said that the new Constitution would officially start on 6 December 1922, or even earlier if a special announcement from the King was made.
- Section 2: This section dealt with how taxes would be handled during the changeover period.
- Section 3: This gave the new Irish Parliament the power to make laws similar to those in other self-governing parts of the British Empire.
- Section 4: This part allowed the UK Parliament to still make laws for the Irish Free State, just like it could for other self-governing areas.
- Section 5: This section gave the Act its short name and confirmed that the 1921 Treaty was now officially approved.
The Ulster Month
A key part of the 1921 Treaty was that Northern Ireland had the right to leave the new Irish Free State and stay part of the United Kingdom. They had one month to decide after the Treaty was officially approved. This was known as the "Ulster Month." The Irish Free State Constitution Act 1922 was the law that officially started this one-month countdown.
How the Act Became Law
The Irish Parliament had already approved their version of the Constitution in October 1922. Then, in November 1922, the UK Prime Minister, Bonar Law, introduced the bill for the UK Act to the Parliament of the United Kingdom.
The Act was passed very quickly. On 5 December 1922, it went through its final stages in the House of Commons and then received Royal assent in the House of Lords. This meant King George officially approved it. The very next day, the King signed a special announcement at Buckingham Palace, making the Irish Constitution officially active.
Northern Ireland Leaves the Free State
Just one day after the Irish Free State was officially created, on 7 December 1922, the Parliament of Northern Ireland made its decision. They formally asked the King to separate from the Irish Free State and remain part of the United Kingdom. All the members present in their parliament agreed to this. The King quickly responded, confirming that Northern Ireland would indeed stay with the UK.
The Act in Irish Law
Over time, the Irish government gained more control over its own laws. Even though the UK government recognized Ireland's right to change or cancel this UK Act, the Irish government didn't formally cancel it until 2007. The Irish government later changed its own Irish Act in 1933, and then a completely new Irish Constitution was put in place in 1937, which replaced the entire Free State Constitution.
