The Irish Constitution: Explained by Darrell FiggisFiggis, Darrell
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The Irish Constitution: Explained by Darrell Figgis
Figgis, Darrell
Ireland -- Politics and government -- 1922-1949
Eight out of twelve Ministers, therefore, are not permitted by the draft
to be, or to remain, members of the Legislature. If they were members
before their appointment as Ministers, they must resign. Consequently,
within a few days of a General Election, bye-elections become necessary in
respect of so many Ministers as were elected as deputies--although other
Ministers who are elected as deputies may continue to remain both as
Ministers and as deputies. The General Election, however, was held under
the Constitution on the principles of Proportional Representation. But
bye-elections, in such a case, cannot be held according to Proportional
Representation. They become a party tussle between two or more candidates.
The first effect of this arrangement, therefore, is to increase the number
of elections, with their confusion and unrest, to create party contests in
their strongest form, and to undo the proportional representation of the
nation in the Legislature. Someone of an entirely different party might be
returned in such a bye-election from the person who resigned on
appointment as Minister; and the representation of minorities be directly
injured as a consequence.
That would be the immediate result. The next to follow would be that the
nation would find itself faced with the danger of an Executive within an
Executive. For the eight external Ministers are to be appointed for the
whole life of that Chamber. They are to be nominated by a Committee itself
specially elected for that purpose. They cannot be removed during the life
of that Chamber unless the Committee finds that they have been guilty of
malfeasance, incompetence or disobedience to the will of the
Chamber--definite sins of omission which are not always easily susceptible
of proof. This is of itself sufficient to remove them from constant
control by the Chamber. But the four internal Ministers are, for some
reason, to be appointed in quite a different manner, and they hold office
by quite a different tenure. They are to be appointed on the nomination of
the President of the Council. They can at any time be removed by an
ordinary vote of the Chamber. They must therefore study the Chamber, and
devise their policies to suit its will, for they are subject to its
constant control.
Public-domain text, read in full here on John Shaqi.
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