Ireland marks 100 years since the Constitution of the Irish Free State

Today, December 6 marks 100 years since the Constitution of the Irish Free State came into effect in 1922. 

A big birthday, a landmark anniversary, and yet no celebration, no party; the date is being "marked" by the Government.

While other nations may find this unusual, those of us who live on the island understand that the creation of the Irish Free State, which later went on to become the Republic of Ireland is still a controversial topic. The divisive subject has become even more complicated since Brexit as we look towards the future and how it will effect the island.

The Constitution was written to put into effect the Articles of the Anglo-Irish Treaty, that had been signed exactly a year earlier then approved by the Dáil by a narrow majority in January 1922.

The document defined the new State as a Dominion of the British Empire, equal in status to countries like Australia, New Zealand, Canada and South Africa.

The 1922 Constitution contained a Bill of Rights, it guaranteed freedom of speech, of religion, of conscience, of assembly, the right to a trial by jury, the right to invoke Habeas Corpus (which prevented people being detained by the authorities without due cause). Free primary school education for all was also guaranteed.

The right to vote in elections was extended to women under 30, before a similar move was made in the United Kingdom.

Provisions were made to protect minorities, particularly the unionist population in the part of Ireland outside the northeast included the use of the Proportional Representation voting system, which is still in use today, and the creation of an Upper House of the Oireachtas, ie the Senate or Seanad.

The Constitution provided for no established religion. 

There were specific constraints on the new State's freedoms in the Constitution.  They included the recognition as the king as head of state, represented by a governor-general; The need for all members of the Oireachtas to take an oath of allegiance to the Constitution of the Free State and declare fidelity to the king; the supremacy of the Treaty over the Constitution, the need to refer legislation to the British king for approval; the ability of Westminster to withhold approval of Irish legislation; the primacy of Westminster legislation over Dublin legislation in areas such as shipping, boundaries, extradition, British military forces.

The oath of allegiance was not abolished until after the 1932 General Election. In 1937 a new constitution was drafted.