The Irish Constitution and the evolution of Human Rights

The statue of Hibernia that stands on the Dublin General Post Office, with an Irish flag in the background

The Irish Constitution is the fundamental law of Ireland (the Republic of Ireland). Approved by a statewide plebiscite held on 1 July 1937, it came into force on 29th December 1937, 80 years ago today.

A constitution absolutely ours

It replaced the 1922 Constitution that established the Free State after the Anglo-Irish Treaty of 1921. The Treaty caused deep division, resulting in the splitting of Sinn Fein into pro-Treaty (Cumann na nGaedheal, later Fine Gael) and anti-Treaty factions and a bloody eleven-month civil war1. The anti-treaty side lost, and abstained from participation in the Dail. In 1926 Sinn Fein split further when Eamon de Valera suggested ending abstention. de Valera’s group formed Fianna Fail, which went on to win the 1932 General Election. From 1933, de Valera started a series of amendments to a constitution that he viewed as “imposed from without” by the British. In 1935 he stated “I hope…that we will be able to bring in a constitution which…will be absolutely ours.”2

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