Constitutional Autochthony
Encyclopedia
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. 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. The autochthony, or home grown nature of constitutions, give them authenticity and effectiveness. It was important in the making and revising of the constitutions of India
, Pakistan
, Ghana
, South Africa
, Sierra Leone
, Zambia
and many other members of the British Commonwealth.
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.
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that replaced the 1922 Constitution, which as originally enacted had been agreed with the British Government following the 1921 Anglo-Irish Treaty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'.
Political science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...
, Constitutional autochthony is the process of asserting constitutional nationalism
Nationalism
Nationalism is a political ideology that involves a strong identification of a group of individuals with a political entity defined in national terms, i.e. a nation. In the 'modernist' image of the nation, it is nationalism that creates national identity. There are various definitions for what...
from an external legal or political power. The source of autochthony is the Greek
Greek language
Greek is an independent branch of the Indo-European family of languages. Native to the southern Balkans, it has the longest documented history of any Indo-European language, spanning 34 centuries of written records. Its writing system has been the Greek alphabet for the majority of its history;...
word αὐτόχθων translated as springing from the land. It usually means the assertion of not just the concept of autonomy
Autonomy
Autonomy is a concept found in moral, political and bioethical philosophy. Within these contexts, it is the capacity of a rational individual to make an informed, un-coerced decision...
, but also the concept that the constitution derives from their own native traditions. The autochthony, or home grown nature of constitutions, give them authenticity and effectiveness. It was important in the making and revising of the constitutions of India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, Ghana
Ghana
Ghana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south...
, South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, Sierra Leone
Sierra Leone
Sierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4...
, Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....
and many other members of the British Commonwealth.
Irish Free State
A famous process of constitutional autochthony occurred in the Irish Free StateIrish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
between 1932 and 1937. Having been elected to govern a state that it had originally opposed the very existence of, the Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
government under Éamon de Valera
Éamon de Valera
Éamon de Valera was one of the dominant political figures in twentieth century Ireland, serving as head of government of the Irish Free State and head of government and head of state of Ireland...
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
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
were the abolition of the Oath of Allegiance
Oath of Allegiance (Ireland)
The Irish Oath of Allegiance was a controversial provision in the Anglo-Irish Treaty of 1921, which Irish TDs and Senators were required to take, in order to take their seats in Dáil Éireann and Seanad Éireann .-Text of the Oath:The Oath was included in Article 17 of the Irish Free State's 1922...
(by the Constitution (Removal of Oath) Act 1933), appeals to the United Kingdom's Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
(by the Constitution (Amendment No. 22) Act 1933), and the office of the Governor-General
Governor-General of the Irish Free State
The Governor-General was the representative of the King in the 1922–1937 Irish Free State. Until 1927 he was also the agent of the British government in the Irish state. By convention the office of Governor-General was largely ceremonial...
(by the Constitution (Amendment No. 27) Act 1936). The abdication of Edward VIII
Edward VIII of the United Kingdom
Edward VIII was King of the United Kingdom and the Dominions of the British Commonwealth, and Emperor of India, from 20 January to 11 December 1936.Before his accession to the throne, Edward was Prince of Wales and Duke of Cornwall and Rothesay...
in December 1936 was used to significantly redefine the royal connection.
In 1937, the Irish Government introduced a whole new constitution
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
that replaced the 1922 Constitution, which as originally enacted had been agreed with the British Government following the 1921 Anglo-Irish Treaty
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
. 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
John M. Kelly (politician)
John Maurice Kelly was an Irish legal academic and senior Fine Gael politician.-Education:Kelly received his primary and secondary education at St Conleth's College in Dublin 4 and at the Glenstal Abbey boarding school in County Limerick, respectively.He attended University College Dublin between...
and others as 'constitutional autochthony'.