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The Constitutions of Ireland and the Development of National Identity, 1919 1984

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In 1967 the late F S. L. Lyons published an essay entitled ‘The minority problem in the 26 counties’, defining the minority in the Irish Free State as ‘unionist in politics and mainly protestant in religion’. Since that date the topic has received considerable scholarly attention. Indeed the tendency has been to approach the cultural development of the new state in the years after independence from the point of view of that minority. While this paper does not seek to minimise the significance of the minority’s role in the evolution of the new state, it does seek to question the validity of the perspective produced by an excessive preoccupation with that role. That perspective is most clearly articulated in the published version of Lyons’s Ford lectures, Culture and anarchy in Ireland, 1890-1939. The vision there presented is of an island rent by ‘four irrevocably warring cultures’ (Gaelic, English, Anglo-Irish and Ulster protestant). The cultural history of the Irish Free State in the first decade of independence, it is argued, is best understood as a battle between two of these apparently immutable cultures. In essence this view presents the nineteen-twenties as the decade during which Gaelic and Anglo-Irish Ireland confronted one another in the arenas of language and religion. The images are now fixed.
The Constitution of the Irish Free State
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Leo Kohn, The Constitution of the Irish Free State (London, 1932), 80.
Enda McDonagh in 'Church-State relations' in The Irish Press
  • Quoted
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Quoted by Prof. Enda McDonagh in 'Church-State relations' in The Irish Press, 26 May 1976 (Golden Jubilee of Fianna Fail Supplement).
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H. Kennedy, 'Character and Sources of the Constitution of the Irish Free State', in Reports of the American Bar Association, 53, (1928), 236-58.
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Bryan M.E. McMahon, 'Development in the Irish Legal System since 1945' in J.J. Lee (ed.), Ireland, 1945-70. (Dublin, 1979), 83.
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See D.H. Akenson and R.F. Fallin, 'The Irish Civil War and the drafting of the Free State constitution' in Eire-Ireland, 5, 1, 2 and 4, (1970);
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See J.H. Whyte, Church and State in Modern Ireland, 1923-1927 (Dublin, 1971), 50.
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and Thomas Towey, 'Hugh Kennedy and the constitutional development of the Irish Free State, 1922-3' in The Irish Jurist, 12, (summer 1977).
Against, 526,945. i.e. of the 26-county electorate, 38.6 per cent voted in favour, 29.6 per cent against, with 31.8 per cent either abstaining or spoiling their vote (See for percentages
  • For
For, 685, 105; Against, 526,945. i.e. of the 26-county electorate, 38.6 per cent voted in favour, 29.6 per cent against, with 31.8 per cent either abstaining or spoiling their vote (See for percentages: D.G. Morgan, Constitutional Law of Ireland (Dublin, 1985), 29.
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Joseph Lee and Gearoid O'Tuathaigh, The Age of de Valera (Dublin, 1982), 99.
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but see also Chubb and Kennedy op.cit., for consideration of this theme
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McCracken, op.cit., 167, but see also Chubb and Kennedy op.cit., for consideration of this theme.
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Brian Farrell, The Founding of Dail Eireann (Dublin, 1971), 78.
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J.M. Kelly, The Irish Constitution (Dublin, 1980), xxviii.
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John A. Murphy, 'Time for a Constitutional Debate' in Irish Times, 26 March 1987.
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