information:extraction
Constitution of Ireland

During the 1930s, de Valera systematically stripped the Irish Free State constitution – a constitution originally drafted by a committee under the nominal chairmanship of his rival, Collins – of features tying Ireland to the United Kingdom, limiting its independence and the republican character of its state. De Valera was able to carry out this program of constitutional change by taking advantage of three earlier modifications of constitutional arrangements. First, though the 1922 constitution originally required a public plebiscite for any amendment enacted more than eight years after its passage, the Free State government under W. T. Cosgrave had amended that period to sixteen years. This meant that, until 1938, the Free State constitution could be amended by the simple passage of a Constitutional Amendment Act through the Oireachtas. Secondly, while the Governor-General of the Irish Free State could reserve or deny Royal Assent to any legislation, from 1927, the power to advise the Governor-General to do so no longer rested with the British government in London but with His Majesty's Government in the Irish Free State, which meant that, in practice, the Royal Assent was automatically granted to legislation; the government was hardly likely to advise the governor-general to block the enactment of one of its own bills. Thirdly, though in its original theory, the constitution had to be in keeping with the provisions of the Anglo-Irish Treaty as the fundamental law of the state, that requirement had been abrogated a short time before de Valera gained power.

The Oath of Allegiance was abolished, as were appeals to the Judicial Committee of the Privy Council. The opposition-controlled Senate, when it protested and slowed down these measures, was also abolished. In 1931, the British Parliament passed the Statute of Westminster, which established the legislative equal status of the self-governing Dominions of the then British Commonwealth, including the Irish Free State, to one another and the United Kingdom. Though a few constitutional links between the Dominions and the United Kingdom remained, this is often seen as the moment at which the Dominions became fully sovereign states.

De Valera, in his capacity as Prime Minister of His Majesty's Government in the Irish Free State, wrote in July 1936 to King Edward VIII in London indicating that he planned to introduce a new constitution, the central part of which was to be the creation of an office de Valera provisionally intended to call President of Saorstát Éireann (Irish: Uachtarán Shaorstát Éireann), which would replace the Governor-General. De Valera used the sudden abdication of Edward VIII as King to pass two bills: one amended the constitution to remove all mention of the monarch and Governor-General, while the second brought the monarch back, this time through statute law, for use in representing the Irish Free State at a diplomatic level. With the implementation of the Constitution of Ireland (Irish: Bunreacht na hÉireann), the title ultimately given to the president was President of Ireland (Irish: Uachtarán na hÉireann).

The constitution contained reforms and symbols intended to assert Irish sovereignty. These included:

Criticisms of some of the above constitutional reforms include that:

As Paul Bew concludes, in the constitution of 1937 de Valera was "trying to placate left-wing Republicans with national phrases and pious people with expressly Catholic bits patriarchal Catholicism".

The Constitution was approved in a plebiscite on 1 July 1937 and came into force on 29 December 1937.