The Irish Constitution: Explained by Darrell FiggisFiggis, Darrell
History
The Irish Constitution: Explained by Darrell Figgis
Figgis, Darrell
Ireland -- Politics and government -- 1922-1949
So it was in ancient Ireland. At that time, when the Assembly of the
Nation met, the lawyers, or 'brehons,' met in a Council of their own. The
administrative heads of each unit of local government met in a Council of
their own. The Recorders, or _Seanchaidhe_, of the local petty states, met
in a Council of their own. And each Council was responsible for the
administration of its own concerns. Each Council drew up its own
regulations, for the conduct of it own duties in the State, and for the
protection of its own 'functional' rights. Each Council, in the modern
legal phrase, was a responsible 'Person,' and was by the State, as it
existed at that time, entrusted with the conduct and administration of its
own affairs, subject to the general execution of the public interest.
It lay with the Assembly of the Nation to co-ordinate the whole in the
public interest. Whether this was or was not done effectively in olden
times is indifferent to the present problem of Functional Councils in the
modern State, with its better organisation and more perfect national
sense. The problem of organisation is very real, but it does not affect
the necessity of functional representation and functional responsibility
in the State. It is, for example, absurd that persons unfamiliar with
architectural problems, however highly placed in the nation they may be,
should be entrusted with architectural decisions that require special
training and knowledge. It is equally absurd that a person unfamiliar with
the needs of the Fishing Industry should, because for political reasons he
should happen to be chosen as Minister of Fisheries, make proposals and be
responsible for decisions that affect the present livelihood of fishermen
and the successful future of the Fishing Industry. These matters must be
reposed in the care of representative Functional (Occupational or
Vocational) Councils, that should be required to render account, on the
one hand, to the Function which they represent, and, on the other hand, to
the State on behalf of that Function.
When such an organisation of the social and economic life of the Nation
has been achieved, then, and only then, will it be possible to say that
all parts of the life of the Nation have been brought within the reach and
authority of the Constitution. It may be objected that these matters lie
in the future. That is true. The Constitution allows for them, and by
allowing for them indicates that they should be, and probably will be, the
natural development of the future of the Irish Nation.
Draft Constitution of the Irish Free State
PRELIMINARY.
Public-domain text, read in full here on John Shaqi.
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