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Irish Free State (Agreement) Act, 1922 Essay Sample

In the following essay sample, we shall highlight and discuss the Irish Free State Act (agreement) Act, 1922 which was adopted on 25th October in 1922 which was passed by British Parliament. It enforced the Anglo Irish treaty with legal force. This particular Act was repealed by the Statute Law Act, 1989 and Statute Law Revision Act, 2007.

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Irish Free State Act, 1922 got the royal assent on 31st March in 1922 which gave a legal enforcement to the certain articles of Agreement for a treaty between Great Britain and Ireland for effect given to and other purposes. We shall highlight the main provisions of the Irish Free State Act, 1922, effect and repeal of the Act and an overall brief overview of the Irish Free State Constitution Act, 1922.

Important Provisions of the Irish Free State (Agreement) Act, 1922 

In this section we will discuss some of the very important and main provisions of the Irish Free State (agreement) Act, 1922.

  • The Section 1(1) of the Irish Free State (agreement) Act, 1922 that states that articles of agreement for a treaty between Ireland and Great Britain shall state schedule to the Act which shall be enforced by the law from the date of the passing of the Act.
  • Section 1(2) of this Act provided that the British government can transfer it’s powers to provisional government of southern Ireland according to the orders in council. The parliament in the southern Ireland gets discharged within the four months after passing of the Act.
  • The elections shall be held for the House of Parliament for which the provisional government shall be held responsible. Such provisional government be given powers by this Irish Free State (agreement)  Act, 1922 to exercise it’s power of jurisdiction over matters which are in concern with southern Ireland. It can make laws and provisions in the same manner as Parliament of the Irish Free State when it was constituted.
  • Section 11 and 12 provided the right to opt out of new dominion to Northern Ireland and remain as the part of the United Kingdom.

Explanation of the Section 11

The power of the parliament and the Government of the Irish Free State shall not be exercised in respect to the Northern Ireland after one month of passing of the Act of the parliament for the ratification of the instrument. The Government of Ireland Act, 1920 shall be fully enforced with effect and there shall be no election to be held by the members to serve parliament of the Irish Free State for the constituencies in northern Ireland.

Such election can only be held by passing of the resolution by both the houses of the parliament of northern Ireland before the end of the month.

Explanation of the Section 12

Before the expiration of a month after passing of the Act gets over on address is presented to His Majesty by both the houses of the parliament of northern Ireland. The Irish free state and parliament shall not exercise their powers in northern Ireland. The Government of Ireland Act, 1920 in relation to the northern Ireland shall continue to be in full force and effect and shall only be subjected to only the necessary modifications.

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Effect and Repeal of the Irish Free State (Agreement) Act, 1922

The Irish Free State (agreement) Act, 1922 was not suppose to be the Act of Parliament for ratifying the Anglo Irish treaty under the section 1(5) of this Act as it has been mentioned. The function was to fall Irish Free State Constitution Act, 1922. This Act initially stated to provide the interim provisional arrangements for establishing the Irish Free State.The government of British transferred the powers to existing provisional government in 1922 by the order in council as mentioned under this Act.

Finally the Irish Free State (agreement) Act, 1922 and Irish Free State Constitution Act, 1922 were repealed by the Statute Law (repeals) Act, 1989.

Brief Overview of the Irish Free State Constitution Act, 1922

The Irish Free State Constitution Act, 1922 was passed by the parliament of United Kingdom in the year 1922 which enacted the Constitution of the Irish Free State for a formal ratification of Anglo Irish treaty.

The Irish Free State Constitution Act, 1922 consisted of preamble, five sections and one schedule. The schedule was the text of the Irish Free State Act, 1922 and this too had other two schedules. The first schedule is the actual text of the constitution and second is the text of 1921 which is the treaty between the Great Britain and Ireland.

  • Section 1 of this Act provided that Ireland have same constitutional status in the community of nations which is the British empire with a parliament to make laws for peace, order, and good governance.
  • Section 6 states that until there is an arrangement made between the British and Irish governments the Irish Free State can take up their own coastal defense and defense of the sea of Great Britain.
  • Section 8 states that the government of the Irish Free State can establish and maintain the military defense force but it must not exceed the size of the military establishment of Great Britain.
  • Section 9 states that the ports of Great Britain and Ireland shall be open for the other countries and ships.
  • Section 13 states the powers of the parliament of Southern Ireland under the Government of Ireland Act, 1920 is to elect the members of the council of Ireland after the Irish free state’s parliament is constituted.

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The above-written essay sample is written and based on the Irish Free State (Agreement) Act,1922, and its main legal provisions.

Law QQI Level 5, Legal Studies QQI Level 5, Legal Practice and Procedures QQI Level 5, Legal Administration QQI Level 5 and Social, Legal and Health Studies QQI Level 6 Irish students can read this above-written essay sample to gain knowledge in law and writing skills for writing law-related essays and assignments.

We can provide The Disability Act, 2005 essay, Development of Irish Welfare State Ireland, History of Legislation Essay, Government of Ireland Act, 1920 essay sample on our official Irish website for the students of law and especially those who are specializing in the Irish constitution.

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