Constitutional Developments in Saorstát Eireann and the Constitution of Éire: II, Internal Affairs

Abstract

The system of government set up under the Irish constitution of 1922 was of the parliamentary type. Provision was made for an Executive Council, some members of which were responsible to Dáil Eireann. The actual working executive was the president of the Executive Council. The old constitution also contemplated a group of expert ministers who should be heads of departments, but who should not share in the collective responsibility of the Executive Council to the Dáil. The appointment of such a group of “extern” ministers was not made mandatory. In the first Dáil, three extern ministers were appointed, and in the second Dáil a fourth was added. This constitutional arrangement, the inspiration for which was derived from the Swiss executive, did not last long. The extern ministers were, as a matter of fact, active politicians; they were not appointed on the basis of merit in heading the specific departments; in 1927, an amendment was adopted which practically abolished extern ministries; and the Free State has since proceeded on the general plan of a cabinet collectively responsible to the Dáil.