However when interpreted it is obvious that it is not a direct oath to the British King but “in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of Nations”, in other words only in relation to his role as part of the Treaty settlement.
But this article was widely criticised by Nationalists and Republicans for making reference to the Crown at all. This Oath was one of the causes of the Irish Civil War and was one of the most controversial provisions that those against the Treaty wanted to be amended.
Article 66: Appeals to the Privy Council
The Privy Council originated as a council of personal advisers to the Monarch. The British government insisted on the right of appeal to the Judicial Committee of the Privy Council (another symbol of Commonwealth membership, much to the annoyance of those against the Treaty).
Article 60: Govenor-Generalship
The Governor-General of the Irish Free State acted as a representative of the crown. All official correspondence between the British and Irish government went through him.
Article 51: Executive Authority
“The Executive Authority of the Irish Free State is hereby declared to be vested in the King, and shall be exercisable in accordance with the law, practice and constitutional usage governing the exercise of the Executive Authority in the case of the dominion of Canada, by the representative of the crown”. 1922 Constitution- Article 51
Article 51, when interpreted meant that the governor-general had no real power as it lay with the Executive Council.
Article 50: Amendment of the Constitution
“Amendments of this constitution within the terms of the scheduled treaty may be made by the Oireachtas, but no such amendment, passed by both Houses of the Oireachtas, after the expiration of a period of eight years from the date of the coming into operation of this constitution, shall become law, unless the same shall, after it has been passed or deemed to have been passed by the said two Housed of the Oireachtas have been submitted to a referendum of the people…” 1922 Constitution- Article 50
This is one of the most important articles as it says how and by what means the constitution can be amended. It states that provided the amendments were within the terms of the Treaty it could be changed by ordinary legislation eight years after it came into force. In other words the Oireachtas had full control of amendment during the constitutions existence.
Northern Ireland
Nationalists in particular were unhappy with the Treaty as it stated that Northern Ireland had the option of opting out of the Irish Free State within one month of the Treaty coming into effect, which it did do.
Changes to the Constitution
During the 1920’s many changes were made to remove all references to the United Kingdom:
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In a Commonwealth Conference the Kings role was changed. He was no longer the King in Ireland, but the King of Ireland, which meant he would not be advised by Britain. Also, the British government was no longer allowed to select or advise the governor-general.
- More importantly, the Statute of Westminster enabled each dominion in the Commonwealth to “enact any legislation to change any legislation”.
- The use of the British Great Seal of the Realm was replaced by the Great Seal of the Irish Free State.
- Eamon de Valera became President of the Executive Council in 1932 and made further changes. With no restrictions from Britain he abolished the Oath of Allegiance and appeals to the Privy Council.
- Britain for security reasons had control of some of the Irish ports but this was re-negotiated in 1938.
Conclusion
In 1937, Eamon de Valera replaced Michael Collins 1922 Constitution with his own as it was so severely amended. A president of Ireland was created replacing the Governor-General of the Irish Free State and the Crown. Bunreacht na hEireann was then Ireland’s new constitution which contained no references to the United Kingdom.
