IRISH FREE STATE

Hawke's Bay Herald-Tribune, Issue 146, 8 July 1937, Page 14

IRISH FREE STATE

New Constitution Proposes Sovereign Powers N0 MENTION OF KING A brief deseription of the proposed new constitution for the Irish Free Gtate, upon which a majority of voters have expressed approval, shows that a "sovereign independent state" to be kno^n as "Eire" would be created if the constitution is adopted. The elections, however, have left Mr. De Yalera with a majority dependent upon the support of the Labour Party, whose influence, it is believed, might lead to a substantial revision of the document. The new Constitution, without the removal of a single comma, would serve the purposes of an all-Irish republic, if and when established, and might be described as the natural culmination of a policy which has already brought about the abolition of the Oath of Allegiance, the office of Goverhor-General, and the Senate. Pending the re-integration of the six counties composing the separate State of Northern Ireland, however, the Free S^ate, as at present defined, will alone be affected. "Dangers of TJnion.'l On the vital question of re-integra-tion, the Prime Minister Of Nortliern Ireland., Yiscount Craigavon, outlined the position accurately, in London, when he remarlced: "If anyone can think of the name of a man who Would l . prepared to rule and govern Ireland as one, I can only say that such a man does not exist in either part of the country. I believe the man is yet unborn who eould carry that through, and I would add that if, by a miracle, union did take place, you would create a situation which could be comparable only with that which exists in Spain to-day. ' ' In the present temper of the Northern Irish, a united Ireland is about as unlilcely a development as can' be imagined. For, if ever thero was- a possibility of bringing about ■ an amicable arrangement, it has been definitely, if not finally, removed by the new Constitution, and this is realised even by those in Great Britain and elsewhere who see partition both as a bad political principle and an expedient attended by explosive potent'ialities. Dictatorship Mentioned. There are critics in tho Free State- — and members of the Labour Party must be eounted among them — who profess to suspect Mr. de Yalera of planning a dictatorship. Certainly as will be ob served later, the President is to be clothed with unusual powers. But. Mr. de Valera, though he admits that the President will enjoy kingly prerogatives, denies all dictatorial intention and points to the clause which states specificially that power rests with the people and with Parliament. The Constitution is promulgated in the name of the Most Holy Trinity, from Whom is all Authority, and.seeks, ostensibly, "to promote the common good and due observance of prudence, justice, and charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations. ' ' "Eire," as the new State is to be named, is apparently to be freed from all association with the King and the Crown, for there is no mention in the Constitution of either. Still, the wording is so obscure as perhaps to justify the view of those political students who maintain that the King is alluded to by implication, "and that behind the verbal camouflage may also be disoerned a certain consideration for the funetions of the Crown and the existence of a relationship with the British Commonwealth. But no ordinary person eould be blamed for interpreting the instrument as providing for , anything except the formal establishment of a republican style of government, headed in the conventional manner by a president. President 's Powers. It is laid down that "Eire" is to be a State "sovereign, independent, and democratic," and that there shall be a president, who will tak© precedence over all other per$ons in the State, and exercise the powers and funetions conferred on him by the Constitution and the Law. The president will be elected by direct vote of the people, and will hold office for seven years during which Le may not leave Ireland save with the consent of the Government. He will appoint the Prime Minister, suramon and dissolve the Dail Eireann, sign all bills, and have supreme control of the defence forces, all- officers of which will hold their conlmissions from him. The national Parliament, to be known as the Oireachtas, is to consist of the Prime Minister, Dail Eireann, and a Senate. The Dail will be as it is at present, and shall not sit for longer tlian seven years. • The Senate will be composed of 60 members, 11 of whom will be nominated by the Prime Minister, and 49 will be elected. In regard to legislation, it is providcd that a majority of the Senate, and not less than one-ihird of Jhe Dail may, by joint petition to the president, ^request him to refuse to sign a bill on the ground that it contains a propusal of such national importance that the will of the people ought to be ascertained. In that event provision is made for a referendum. The Council of State. Article 31 ,-rovides for a new body, to be known as a council of state, to aid the president in matters on which he may be disposed to consult it. , In the clauses dealing with the courts, it is stipulated that military tribunals may be established for specific purposes. Treason shall consist only in lcvying war against Eire, or assisting any other State or person to do so, or engaging in any attempt to ovorthrow tbe State by foree. No titles of nobility will be coaferred by the State,

though orders of merit may be created. As to religion, the State will not only recognise the special position of the Holy Catholic Apostolic Chureh as the guardiaa of the faith of the majority oj! the people, but alford full tolerance to all other donominations existing in Ireland at the time of the.operation of the Constitution, i