Constitutional autochthony
In political science, Constitutional autochthony is the process of asserting constitutional nationalism from an external legal or political power. The source of autochthony is the Greek word αὐτόχθων translated as springing from the land.[1] It usually means the assertion of not just the concept of autonomy, but also the concept that the constitution derives from their own native traditions.[2] The autochthony, or home grown nature of constitutions, give them authenticity and effectiveness.[3] It was important in the making and revising of the constitutions of India, Pakistan, Ghana,[4] South Africa, Sierra Leone,[5] Zambia[6] and many other members of the British Commonwealth.[7]
Irish Free State
A famous process of constitutional autochthony occurred in the Irish Free State between 1932 and 1937. Having been elected to govern a state that it had originally opposed the very existence of, the Fianna Fáil government under Éamon de Valera stripped the Irish Free State of many of the state symbols that it saw as being overly reminiscent of the ancien régime. Among the amendments made to the Constitution were the abolition of the Oath of Allegiance (by the Constitution (Removal of Oath) Act 1933), appeals to the United Kingdom's Judicial Committee of the Privy Council (by the Constitution (Amendment No. 22) Act 1933), and the office of the Governor-General (by the Constitution (Amendment No. 27) Act 1936). The abdication of Edward VIII in December 1936 was used to significantly redefine the royal connection.[8]
In 1937, the Irish Government introduced a whole new constitution that replaced the 1922 Constitution, which as originally enacted had been agreed with the British Government following the 1921 Anglo-Irish Treaty. This changed the legal name of the country to Éire (in Irish) and Ireland (in English).
The process de Valera engaged in from 1932 to 1937 has been described by Professor John M. Kelly and others as 'constitutional autochthony'.[citation needed]
References
- ^ http://www.questia.com/PM.qst?a=o&d=1534972
- ^ Wheare, Kenneth (1960). The Constitutional Structure of the Commonwealth. Oxford: Clarendon Press. p. 89.
- ^ http://www.nou.edu.ng/noun/NOUN_OCL/pdf/Law%20243.pdf page 7
- ^ Weare, Kenneth (1961). "Constitutional autochthony in Ghana". Journal of Commonwealth Political Studies, 1. pp. 41–55.
- ^ Thompson, Bankole (1986). "The Republican Constitution of 1971: The Quest for Constitutional Autochthony". The Constitutional History and Law of Sierra Leone (1961-1995). University Press of America. pp. 107–145. ISBN 978-0-7618-0473-4.
- ^ Anyangwe, Carlson (1997). Zambia Law Journal. Volume 29. pp. 1–32.
- ^ Robinson, Kenneth (1963). "Constitutional autochthony and the transfer of power". Essays in Imperial Government Presented to Margery Perham. Oxford: Oxford University Press. pp. 249–288.
{{cite book}}: Unknown parameter|coauthors=ignored (|author=suggested) (help) - ^ Dáil Éireann - Volume 64 - 12 December, 1936. Executive Authority (External Relations) Bill, 1936 - Committee Stage.