The Irish Free State, also known by its Irish name Saorstát Éireann, was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between the forces of the Irish Republic – the Irish Republican Army (IRA) – and British Crown forces.
In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.
The Constitution of Ireland is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the tradition of liberal democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliament, a separation of powers and judicial review.
The Constitution of the Irish Free State was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which came into effect upon receiving the royal assent on 5 December 1922, provided that the Constitution would come into effect upon the issue of a Royal Proclamation, which was done on 6 December 1922. In 1937 the Constitution of the Irish Free State was replaced by the modern Constitution of Ireland following a referendum.
The law of the Republic of Ireland consists of constitutional, statutory, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written constitution that provides for a parliamentary democracy based on the British parliamentary system, albeit with a popularly elected president, a separation of powers, a developed system of constitutional rights and judicial review of primary legislation.
The title of Senior Counsel or State Counsel is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictions that have chosen to change the title "King's Counsel" to a name without monarchical connotations, usually related to the British monarch that is no longer head of state, such that reference to the King is no longer appropriate. Examples of jurisdictions that have made the change because of the latter reason include Mauritius, Zambia, India, Hong Kong, Ireland, South Africa, Kenya, Malawi, Singapore, Guyana and Trinidad and Tobago. Jurisdictions that have retained the monarch as head of state, but have nonetheless opted for the new title include some states and territories of Australia, as well as Belize.
The Constitution of Ireland vests executive authority in the Government of Ireland, which is headed by the Taoiseach, the head of government. The government – also known as the cabinet – is composed of ministers, each of whom must be a member of the Oireachtas, which consists of Dáil Éireann and Seanad Éireann. Most ministers have a portfolio of specific responsibilities such as departments or policy areas, although ministers without portfolio can be appointed.
The Department of the Taoiseach is the government department of the Taoiseach, the title in Ireland for the head of government. It is based in Government Buildings, the headquarters of the Government of Ireland, on Merrion Street in Dublin.
The Constitution Act 1936 was an amendment to the Constitution of the Irish Free State that removed all reference to the King, to the office of Governor-General, 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. The only role retained by the King was as representative of the state in foreign affairs. The amendment passed through the Oireachtas at the same time as the External Relations Act, becoming 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.
The current Constitution of Ireland came into effect on 29 December 1937, repealing and replacing the Constitution of the Irish Free State, having been approved in a national plebiscite on 1 July 1937 with the support of 56.5% of voters in the then Irish Free State. The Constitution was closely associated with Éamon de Valera, the President of the Executive Council of the Irish Free State at the time of its approval.
The Ministers and Secretaries Acts 1924 to 2020 is the legislation which governs the appointment of ministers to the Government of Ireland and the allocation of functions between departments of state. It is subject in particular to the provisions of Article 28 of the Constitution of Ireland. The Acts allow for the appointment of between 7 and 15 Ministers of Government across 17 Departments, and for the appointment of up to 20 junior ministers, titled Ministers of State, to assist the Ministers of Government in their powers and duties.
The Department of Finance is a department of the Government of Ireland. It is led by the Minister for Finance and is assisted by two Minister of State.
The Civil service of Ireland is the collective term for the permanent staff of the departments of state and certain state agencies who advise and work for the Government of Ireland. It consists of two broad components, the Civil service of the Government and the Civil service of the State. Whilst the differences between these two components are largely theoretical, some fundamental operational distinctions exist.
The Courts of Justice Act 1924 was an Act of the Oireachtas that established a new system of courts for the Irish Free State. Among the new courts was the Supreme Court of the Irish Free State, and the first Chief Justice of the Irish Free State was also appointed under the Act.
Feminism has played a major role in shaping the legal and social position of women in present-day Ireland. The role of women has been influenced by numerous legal changes in the second part of the 20th century, especially in the 1970s.
The Bar of Ireland is the professional association of barristers for Ireland, with over 2,000 members. It is based in the Law Library, with premises in Dublin and Cork. It is governed by the General Council of the Bar of Ireland, commonly called the Bar Council of Ireland, which was established in 1897. The Council is composed of twenty-five members: twenty who are elected, four co-opted, and the Attorney-General, who holds office ex officio. Every year, ten members are elected for two-year terms; five by senior counsel and five by junior counsel.
The Electoral Act 1923 was a law in Ireland which established the electoral law of the Irish Free State and provided for parliamentary constituencies in Dáil Éireann.
Dáil Éireann is the lower house, and principal chamber, of the Oireachtas, which also includes the president of Ireland and a senate called Seanad Éireann. It consists of 160 members, each known as a Teachta Dála. TDs represent 39 constituencies and are directly elected for terms not exceeding five years, on the system of proportional representation by means of the single transferable vote (PR-STV). Its powers are similar to those of lower houses under many other bicameral parliamentary systems and it is by far the dominant branch of the Oireachtas. Subject to the limits imposed by the Constitution of Ireland, it has power to pass any law it wishes, and to nominate and remove the Taoiseach. Since 1922, it has met in Leinster House in Dublin.
The Office of the Director of Public Prosecutions is the principal public agency for conducting criminal prosecutions in the Republic of Ireland. It is led by the Director of Public Prosecutions (DPP).
The Constitution Act 1933 was an Act of the Oireachtas of the Irish Free State amending the Constitution of the Irish Free State and the Constitution of the Irish Free State Act 1922. It removed the Oath of Allegiance required of members of the Oireachtas (legislature) and of non-Oireachtas extern ministers.
