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Constitution (Amendment No. 23) Act 1936

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The Constitution (Amendment No. 23) Act 1936 (act no. 17 of 1936, previously bill no. 12 of 1934)[1] was an Act of the Oireachtas of the Irish Free State amending the Constitution of the Irish Free State which had been adopted in 1922. It abolished the two university constituencies in Dáil Éireann.

Background

The University of Dublin (Trinity College Dublin) had been a constituency in the Irish House of Commons from 1613 to 1800 and in the United Kingdom House of Commons from 1801 to 1922. The National University of Ireland was a constituency in the UK House of Commons from 1918 to 1922. The Government of Ireland Act 1920 gave both universities four seats each in the Southern Ireland House of Commons.

Article 27 of the Constitution of the Irish Free State provided:[2]

Each University in the Irish Free State (Saorstát Eireann), which was in existence at the date of the coming into operation of this Constitution, shall be entitled to elect three representatives to Dáil Eireann upon a franchise and in a manner to be prescribed by law.

The Electoral Act 1923 required voters eligible to vote in university constituencies to choose to register in that constituency or in a geographical constituency.[3]

Change to the text

The Amendment deleted Article 27 in its entirety and deleted references to university constituencies in Articles 26 and 28. It came into effect on the dissolution of the Oireachtas next following the Act, which occurred on 14 June 1937.[4] The change to the electoral law was made by the Electoral (University Constituencies) Act 1936, transferring all those on the register for university constituencies to the register for geographical constituencies.[5]

Oireachtas debate

The Constitution (Amendment No. 23) Bill 1934 passed Second Stage in the Dáil on 8 May 1934 by 58 to 34,[6] and passed Final Stage on 5 July 1934 by 51 to 29.[7] On 18 July 1934, it was defeated at Second Stage in Seanad Éireann by a vote of 15 to 30.[8]

On 6 February 1936, the Dáil passed a motion under Article 38A of the Constitution by a vote of 66 to 38 that the bill be sent again to the Seanad.[9] On 26 February 1936, the Seanad passed an amendment to the bill, which would have delayed its effect until six months after the dissolution of the Oireachtas.[10] On 23 April 1936, the Dáil passed a motion of enactment by 58 to 40 resolving that the bill be deemed to have passed both Houses.[11] It was signed by the Governor-General the following day.

Expiry

The Amendment became obsolete on the repeal of the 1922 Constitution on the adoption of the Constitution of Ireland in 1937, and was repealed by the Statute Law Revision Act 2016.[12]

Both the University of Dublin and the National University of Ireland were given three seats in new constituencies in Seanad Éireann established under the Constitution of Ireland adopted on 29 December 1937, with the first elections in 1938.

References

  1. ^ "Constitution (Amendment No. 12) Bill 1934". Houses of the Oireachtas. Retrieved 23 April 2020.
  2. ^ "Constitution of the Irish Free State (Saorstát Eireann) Act 1922". Irish Statute Book. Retrieved 24 April 2020.
  3. ^ "Electora Act 1923, Section 1: Dáil Franchise". Irish Statute Book. 17 April 1923. Retrieved 27 March 2020.
  4. ^ "Constitution (Amendment No. 23) Act 1933". Irish Statute Book. 24 April 1936. Retrieved 24 April 2020.
  5. ^ "Electoral (University Constituencies) Act 1936". Irish Statute Book. 29 June 1936. Retrieved 24 April 2020.
  6. ^ "Constitution (Amendment No. 23) Bill) 1934—Second Stage – Dáil Éireann (8th Dáil) – Tuesday, 8 May 1934". Houses of the Oireachtas. Retrieved 24 April 2020.
  7. ^ "Constitution (Amendment No. 23) Bill) 1934—Fifth Stage – Dáil Éireann (8th Dáil) – Thursday, 5 July 1934". Houses of the Oireachtas. Retrieved 24 April 2020.
  8. ^ "Constitution (Amendment No. 23) Bill) 1934—Second Stage – Seanad Éireann (1931 Seanad) – Wednesday, 18 July 1934". Houses of the Oireachtas. Retrieved 24 April 2020.
  9. ^ "Constitution (Amendment No. 23) Bill, 1934. Motion under Article 38A of the Constitution – Dáil Éireann (8th Dáil) – Thursday, 6 February 1936". Houses of the Oireachtas. Retrieved 24 April 2020.
  10. ^ "Constitution (Amendment No. 23) Bill) 1936—Committee Stage – Seanad Éireann (1934 Seanad) – Wednesday, 26 February 1936". Houses of the Oireachtas. Retrieved 24 April 2020.
  11. ^ "Constitution (Amendment No. 23) Bill 1934—Motion of Enactment – Dáil Éireann (8th Dáil) – Thursday, 23 April 1936". Houses of the Oireachtas. Retrieved 24 April 2020.
  12. ^ "Statute Law Revision Act 2016". Irish Statute Book. 26 December 2016. Retrieved 27 March 2020.
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