The Constitution (Amendment No. 27) Act, 1936 was an amendment to the Constitution of the Irish Free State that abolished the office of Governor-General in the constitution, removed all reference to the King and almost completely eliminated the King's constitutional role in the state. Under the Act most of the functions previously performed by the King and his Governor-General were transferred to various other organs of the Irish government. Henceforth, the only role retained by the King was as representative of the state in foreign affairs. The amendment became law on 11 December 1936. Its long title was

An act to effect certain amendments of the Constitution in relation to the executive authority and power and in relation to the performance of certain executive functions.

[edit] Transfer of royal competences

After the adoption of the Act the duties usually performed by a head of state were distributed among a number of organs. Most importantly, the power to exercise the executive authority was vested explicitly in the Executive Council (cabinet), the right to appoint the President of the Executive Council (prime minister) was transferred to Dáil Éireann (the sole house of the 'Oireachtas' or parliament), and the duty of promulgating the law was vested in the Ceann Comhairle, chairman of the Dáil. The King retained only a role in foreign affairs.

[edit] Foreign affairs

After the amendment of December 1936 the King was no longer specifically mentioned in the constitution. However, the amendment introduced a new provision that, without explicitly referring to the King, allowed the state to continue to use him as its representative in foreign affairs by passing a law allowing him to perform this function. A law for this purpose, the External Relations Act, was passed shortly after the amendment was enacted. Thus, after December 1936 treaties continued to be signed in the name of the King, and the King continued to accredit Irish ambassadors and to receive the Letters of Credence of foreign diplomats. The provision allowing the King to do this was inserted in Article 51 and read:

...it shall be lawful for the Executive Council, to the extent and subject to any conditions which may be determined by law to avail, for the purposes of the appointment of diplomatic and consular agents and the conclusion of international agreements of any organ used as a constitutional organ for the like purposes by [other nations of the Commonwealth].

When the current Constitution of Ireland was enacted in 1937 it duplicated the provision contained in the Free State constitution with a similar provision that allowed the King to continue to exercise his external role. The 1936 amendment and the External Relations Act thus created, for many years, a situation in which it was unclear whether or not the King of Ireland was indeed the Irish head of state. This situation came to an end in 1949 when the Republic of Ireland Act stripped the King of his role in foreign affairs and de jure made the President of Ireland head of state, a new status celebrated by President Seán T. O'Kelly by paying the first ever state visit by an Irish president abroad.

[edit] See also

• History of the Republic of Ireland
• Irish head of state from 1936-1949

[edit] External links

• Full text of the Act from Acts of the Oireachtas.