Irish republican legitimatism
Encyclopedia
A concept within Irish republicanism
Irish Republicanism
Irish republicanism is an ideology based on the belief that all of Ireland should be an independent republic.In 1801, under the Act of Union, the Kingdom of Great Britain and the Kingdom of Ireland merged to form the United Kingdom of Great Britain and Ireland...

, Irish republican legitimatism denies the legitimacy of the political entities of Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

 and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

 and posits that the pre-partition
Partition of Ireland
The partition of Ireland was the division of the island of Ireland into two distinct territories, now Northern Ireland and the Republic of Ireland . Partition occurred when the British Parliament passed the Government of Ireland Act 1920...

 Irish Republic
Irish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...

 continues to exist. The concept informs aspects of, but is not synonymous with, abstentionism
Abstentionism
Abstentionism is standing for election to a deliberative assembly while refusing to take up any seats won or otherwise participate in the assembly's business. Abstentionism differs from an election boycott in that abstentionists participate in the election itself...

.

The only political party to subscribe to this principle is Republican Sinn Féin
Republican Sinn Féin
Republican Sinn Féin or RSF is an unregisteredAlthough an active movement, RSF is not registered as a political party in either Northern Ireland or the Republic of Ireland. minor political party operating in Ireland. It emerged in 1986 as a result of a split in Sinn Féin...

 which, running on an abstentionist platform, received 2,522 first preference votes, or 0.38 per cent of the valid poll in the 2007 Northern Ireland Assembly elections
Northern Ireland Assembly election, 2007
The third elections to the Northern Ireland Assembly were held on 7 March 2007 when 108 new members were elected. The election saw endorsement of the St Andrews Agreement and the two largest parties, the Democratic Unionist Party and Sinn Féin, along with the Alliance Party, increase their...

 and 2,403 first preference votes, 0.13 per cent of the valid poll, in the 2004 Republic of Ireland local elections. The Continuity Irish Republican Army
Continuity Irish Republican Army
The Continuity Irish Republican Army, otherwise known as the Continuity IRA and styling itself as Óglaigh na hÉireann, is an Irish republican paramilitary organisation that aims to bring about a united Ireland. It emerged from a split in the Provisional IRA in 1986 but did not become active until...

, Cumann na mBan
Cumann na mBan
Cumann na mBan is an Irish republican women's paramilitary organisation formed in Dublin on 2 April 1914 as an auxiliary of the Irish Volunteers...

 and Fianna Éireann
Fianna Éireann
The name Fianna Éireann , also written Fianna na hÉireann and Na Fianna Éireann , has been used by various Irish republican youth movements throughout the 20th and 21st centuries...

 also subscribe to republican legitimatism.

Historical development

Republican legitimatists adopt a traditional Irish republican analysis that views the Irish Republic
Irish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...

 as proclaimed "in arms" during the 1916 Easter Rising
Easter Rising
The Easter Rising was an insurrection staged in Ireland during Easter Week, 1916. The Rising was mounted by Irish republicans with the aims of ending British rule in Ireland and establishing the Irish Republic at a time when the British Empire was heavily engaged in the First World War...

 as the sole legitimate authority on the island of Ireland. This view is partly shared by all political parties in the present-day Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

, who believe the secessionist and abstentionist First Dáil
First Dáil
The First Dáil was Dáil Éireann as it convened from 1919–1921. In 1919 candidates who had been elected in the Westminster elections of 1918 refused to recognise the Parliament of the United Kingdom and instead assembled as a unicameral, revolutionary parliament called "Dáil Éireann"...

, which "ratified" the Republic proclaimed in 1916, is a predecessor to the current, internationally recognised, Dáil.

It is on the issue of 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...

 that republican legitimatism departs from mainstream Irish constitutional understanding. It views the Anglo-Irish Treaty as incompatible with the Irish Republic and thus null and void. Although the Treaty was endorsed by the majority of TDs
Anglo-Irish Treaty Dáil vote
The Anglo-Irish Treaty was signed in London on 6 December 1921. Dáil Éireann voted on the treaty on 7 January 1922, following a debate through late December 1921 and into January 1922.-Result:Of the 125 Teachtaí Dála , 121 cast their vote in the Dáil...

 of the Second Dáil
Second Dáil
The Second Dáil was Dáil Éireann as it convened from 16 August 1921 until 8 June 1922. From 1919–1922 Dáil Éireann was the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consisted of members elected in 1921...

, republican legitimatists argue that the vote was invalid as all TDs had, prior to their election, taken a solemn oath to defend the Irish Republic, and that people could not possibly express their true desires on the treaty, as the British had threatened a massive escalation, "immediate and terrible war" as they phrased it, if it was not accepted.

On the basis of these views, republican legitimatism argued that:
  • all Irish parliaments convened since the Second Dáil
    Second Dáil
    The Second Dáil was Dáil Éireann as it convened from 16 August 1921 until 8 June 1922. From 1919–1922 Dáil Éireann was the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consisted of members elected in 1921...

     in 1921 are illegitimate as they were established by a piece of British legislation, the Government of Ireland Act 1920
    Government of Ireland Act 1920
    The Government of Ireland Act 1920 was the Act of the Parliament of the United Kingdom which partitioned Ireland. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or as the Fourth Home Rule Act.The Act was intended...

    ;
  • the 64 TD
    Teachta Dála
    A Teachta Dála , usually abbreviated as TD in English, is a member of Dáil Éireann, the lower house of the Oireachtas . It is the equivalent of terms such as "Member of Parliament" or "deputy" used in other states. The official translation of the term is "Deputy to the Dáil", though a more literal...

    s who voted for the Treaty in 1922 had violated their oath to the Irish Republic and abdicated their legitimacy;
  • The Second Dåil had never formally dissolved itself.


The pro- and anti-treaty factions of Sinn Féin attempted to present a united block of candidates for the 1922 general election
Irish general election, 1922
The Irish general election of 1922 took place in Southern Ireland on 16 June 1922, under the provisions of the 1921 Anglo-Irish Treaty to elect a constituent assembly paving the way for the formal establishment of the Irish Free State...

 for the Third Dáil
Third Dáil
The Third Dáil, also known as the Provisional Parliament or the Constituent Assembly, was:*the "provisional parliament" or "constituent assembly" of Southern Ireland from 9 August 1922 until 6 December 1922; and...

; 58 pro-treaty Sinn Féin members were re-elected compared with 36 anti-treaty members. Of these, 17 of the 58 and 16 of the 36 were returned unopposed. Led by 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...

 and others, the Second Dáil TDs who had voted against the Treaty abstained
Abstentionism
Abstentionism is standing for election to a deliberative assembly while refusing to take up any seats won or otherwise participate in the assembly's business. Abstentionism differs from an election boycott in that abstentionists participate in the election itself...

 from the Third Dáil and the subsequent Oireachtas of the Irish Free State
Oireachtas of the Irish Free State
The Oireachtas of the Irish Free State was the legislature of the Irish Free State from 1922 until 1937. It was established by the 1922 Constitution of Ireland which was based from the Anglo-Irish Treaty...

. They and their opponents engaged in the Irish civil war
Irish Civil War
The Irish Civil War was a conflict that accompanied the establishment of the Irish Free State as an entity independent from the United Kingdom within the British Empire....

 in 1922-23.

Although de Valera had resigned as President of the Republic on 7 January 1922, and had not been re-elected on a very close Dåil vote two days later, a meeting of the IRA Army Executive at Poulatar, Ballybacon on 17 October 1922 adopted a proclamation "reinstating" de Valera as "President of the Republic" and "Chief Executive of the State". The "Emergency Government," as de Valera called it in his autobiography, was established on 25 October 1922.

Members of this rump republican government were:
  • Éamon de Valera - "President of the Republic" (after his arrest in 1923, substituted by Patrick J. Ruttledge)
  • Patrick J. Ruttledge - "Minister of Home Affairs"
  • Austin Stack
    Austin Stack
    Austin Stack was an Irish revolutionary and politician.-Early life:Stack was born in Ballymullen, Tralee, County Kerry. He was educated at the Christian Brothers School in Tralee. At the age of fourteen he left school and became a clerk in a solicitor's office. A gifted Gaelic footballer, he...

     - "Minister of Finance"


De Valera also appointed twelve members of the Second Dáil to act as a Council of State. They were:
  • Austin Stack
    Austin Stack
    Austin Stack was an Irish revolutionary and politician.-Early life:Stack was born in Ballymullen, Tralee, County Kerry. He was educated at the Christian Brothers School in Tralee. At the age of fourteen he left school and became a clerk in a solicitor's office. A gifted Gaelic footballer, he...

  • Robert Barton
    Robert Barton
    Robert Childers Barton was an Irish lawyer, soldier, statesman and farmer who participated in the negotiations leading up to the signature of the Anglo-Irish Treaty. His father was Charles William Barton and his mother was Agnes Childers. His wife was Rachel Warren of Boston, daughter of Fiske...

  • Count Plunkett
    George Noble Plunkett
    George Noble Plunkett or Count Plunkett was a biographer and Irish nationalist, and father of Joseph Mary Plunkett, one of the leaders of the Easter Rising of 1916....

  • Seán Ó Ceallaigh
    John J. O'Kelly
    John Joseph O'Kelly was an Irish politician, author and publisher. He was a former president of the Gaelic League and of Sinn Féin. He was born on Valentia Island off the County Kerry coast.-Political career:He joined Sinn Féin at its inaugural meeting on November 5, 1905...

     (John J. O'Kelly)
  • Laurence Ginnell
    Laurence Ginnell
    Laurence Ginnell was an Irish nationalist politician, lawyer and Member of Parliament of the House of Commons of the United Kingdom of Great Britain and Ireland as member of the Irish Parliamentary Party for Westmeath North at the 1906 UK general election, from 1910 he sat as an Independent...

  • Seán T. O'Kelly
    Sean T. O'Kelly
    Seán Thomas O'Kelly was the second President of Ireland . He was a member of Dáil Éireann from 1918 until his election as President. During this time he served as Minister for Local Government and Minister for Finance...

  • Kathleen O'Callaghan
    Kathleen O'Callaghan
    Professor Kathleen O'Callaghan was an Irish Sinn Féin politician and academic. Educated at the Royal University of Ireland and Cambridge, before entering politics she was a member of Cumann na mBan...

  • Mary MacSwiney
    Mary MacSwiney
    Mary MacSwiney was an Irish politician and educationalist.-Early life:Born in London, to an Irish father and English mother, she returned to Ireland with her family at the age of six and was educated in Cork...

  • P. J. Ruttledge
    P. J. Ruttledge
    Patrick J. Ruttledge was an Irish politician. He was first elected to Dáil Éireann in 1921 as a Sinn Féin Teachta Dála for Mayo North and West. He opposed the Anglo-Irish Treaty of 1921 and joined the Republican forces. He was re-elected to the Dáil again in 1923 for Mayo North and in a further...

  • Seán Moylan
    Seán Moylan
    Seán Moylan was a Commandant of the Irish Republican Army and later a Sinn Féin and Fianna Fáil politician...

  • Michael Colivet
    Michael Colivet
    Michael Colivet was an Irish Sinn Féin politician and a founding member of the Irish Republic. He was Commander of the Irish Volunteers in Limerick during the 1916 Easter Rising, elected MP for Limerick City, and TD of the First Dáil....

  • Seán O'Μahony


This "Government of the Republic", however, was unable to assert the authority it claimed to possess. Effectively an internal government-in-exile, one of its first acts was to rescind the ratification of the Anglo-Irish Treaty. It continued to meet even after subsequent elections had been held in jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 of the Free State. Styling themselves Comhairle na dTeachtaí
Comhairle na dTeachtaí
Comhairle na dTeachtaí was the rump anti-Treaty Dáil as led by Éamon de Valera, until he recognised the Irish Free State in 1926 and founded Fianna Fáil....

, the members of the rump Second Dáil were joined by anti-Treaty republican TDs elected at subsequent elections. The IRA initially recognised the authority of the rump Second Dáil but increased distrust between the two bodies led the IRA to withdraw its support in 1925.

At the 1926 Sinn Féin ard fheis, 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...

 (then president of the party) effectively called for the abandonment of the legitimatist argument by proposing that the party accept the Free State constitution and return to electoral politics contingent on the abolition of the Oath of Allegiance to the Crown. Opponents of the proposal, led by Father Michael O’Flanagan, defeated his motion by a vote of 223 to 218. De Valera subsequently resigned as Sinn Féin president to form a new party, 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...

, which entered the Dáil of the Irish Free State
Irish 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...

 in 1927, reducing the ranks of this rump Second Dáil even further. From this point onwards, de Valera and his followers were seen as having departed from the principles of republicanism by republican legitimatists, who set up Comhairle na Poblachta
Comhairle na Poblachta
Comhairle na Poblachta was an Irish republican organisation established in 1929.The organisation had the support of the IRA, which had agreed to its formation at its General Army Convention in January 1929...

 as a body to popularise its claims.

1938 – Second Dáil to Army Council

The 17 December 1938 issue of the Wolfe Tone Weekly
Wolfe Tone Weekly
The Wolfe Tone Weekly was an Irish republican newspaper, edited by Brian O'Higgins.It first appeared in September 1937. Unlike its republican predecessor, An Phoblacht , the Wolfe Tone Weekly was devoid of any radical social content...

carried a statement from a body calling itself the Executive Council of the Second Dáil. Above this statement was an introductory paragraph written by Seán Russell announcing that on 8 December, the anniversary of the executions
Executions during the Irish Civil War
The executions during the Irish Civil War took place during the guerrilla phase of the Irish Civil War . This phase of the war was bitter, and both sides, the government forces of the Irish Free State and the anti-Treaty Irish Republican Army insurgents, used executions and terror in what...

 of the "Four Martyrs" (Rory O'Connor
Rory O'Connor (Irish republican)
Rory O'Connor was an Irish republican activist. He is best remembered for his role in the Irish Civil War 1922-1923, which led to his execution.-Background:...

, Liam Mellows
Liam Mellows
Liam Mellows was an Irish Republican and Sinn Féin politician. Born in England, Mellows grew up in County Wexford in Ireland. He was active with the Irish Republican Brotherhood and Irish Volunteers, and participated in the Easter Rising in County Galway, and the War of Independence...

 Richard Barrett
Richard Barrett (Irish Republican)
Richard Barrett was a prominent Irish Republican Army volunteer who was executed during the Irish Civil War in 1922.-War of Independence:...

 and Joe McKelvey
Joe McKelvey
Joe McKelvey was an Irish Republican Army officer who was executed during the Irish Civil War. He participated in the anti-Treaty IRA's repudiation of the authority of the Dáil in March 1922 and was elected to the IRA Army Executive...

) in 1922, the group had transferred what they believed was their authority as Government of the Irish Republic
Irish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...

 to the IRA Army Council
IRA Army Council
The IRA Army Council was the decision-making body of the Provisional Irish Republican Army, more commonly known as the IRA, a paramilitary group dedicated to bringing about the end of the Union between Northern Ireland and the rest of the United Kingdom. The council had seven members, said by the...

. The statement was published in both Irish
Irish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...

 and English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...

 and appeared below the banner headline "IRA take over the Government of the Republic".

During the period 1922-1938, all seven signatories stood for re-election in the Irish Free State, but by 1938 none were successful. Therefore they considered that their past electoral status in 1921-22 was more important than their subsequent attempts to be elected, as the Second Dáil arose from the last election held in the whole island of Ireland. The signatories now argued that the seven general elections that the Irish Free State electorate had voted in, from 1922 to mid-1938, had all been illegitimate and unconstitutional; even though they had themselves stood as candidates and had on occasion been elected in some of them.

The text of the statement is as follows:

Henceforth, the IRA Army Council perceived itself to be the legitimate government of the Irish Republic
Irish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...

. This allowed it to present its declaration of war on Britain in January 1939 (see S-Plan
S-Plan
The S-Plan or Sabotage Campaign or England Campaign was a campaign of bombing and sabotage against the civil, economic, and military infrastructure of the United Kingdom from 1939 to 1940, conducted by members of the Irish Republican Army . It was conceived by Seamus O'Donovan in 1938 at the...

) as the act of a legitimate, de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....

government.

1969 – Official/Provisional split

In December 1969, the IRA General Army Convention decided to drop its policy of abstentionism
Abstentionism
Abstentionism is standing for election to a deliberative assembly while refusing to take up any seats won or otherwise participate in the assembly's business. Abstentionism differs from an election boycott in that abstentionists participate in the election itself...

. This resulted in a split in the organisation, leading to the emergence of the (then) majority Official IRA
Official IRA
The Official Irish Republican Army or Official IRA is an Irish republican paramilitary group whose goal was to create a "32-county workers' republic" in Ireland. It emerged from a split in the Irish Republican Army in December 1969, shortly after the beginning of "The Troubles"...

 and (minority) Provisional IRA. The supporters of the latter approached Tom Maguire
Tom Maguire
Tom Maguire was an Irish republican who held the rank of commandant-general in the Western Command of the Irish Republican Army and led the South Mayo flying column....

, the last surviving member of the 1938 seven-member rump Second Dáil, who declared that the Provisional IRA was the legitimate successor to the 1938 Army Council and, as such, was the legal embodiment of the Irish Republic
Irish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...

.

The text of the statement is as follows:

1986 – Provisional/Continuity split

The Provisional Movement followed this analysis until 1986, when the IRA and Sinn Féin split over the issue of abstentionism once again. As in 1970, republican legitimatists approached Tom Maguire
Tom Maguire
Tom Maguire was an Irish republican who held the rank of commandant-general in the Western Command of the Irish Republican Army and led the South Mayo flying column....

, who in two statements written in 1986 and 1987 but issued posthumously in 1994, maintained that the Army Council of the Continuity IRA was the sole legitimate successor to the 1938 Army Council.

The texts of the statements are as follows:

And:
In the years after the split, the Provisionals moved towards a complete cessation of armed struggle, while Sinn Fein entered constitutional politics. The party now contests elections to the Dail Eireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...

 and the Northern Ireland Assembly
Northern Ireland Assembly
The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...

 - "partionist parliaments" in the legitimatist view - and takes up the seats it wins. However, Sinn Fein maintains an abstentionist stance towards the Westminster Parliament.

Criticism of republican legitimatism

These claims are rejected not only by the majority of the Irish people, expressed by virtue of their participation in elections to Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...

 or Stormont
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...

, and a general rejection of abstentionist candidates, as well as by the majority of nationalists. However, these claims were accepted by a sizeable minority of the electorate of the Irish Free State in the 1920s. A much smaller minority supported the claims in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

. Over time, as the former Free State became the Republic of Ireland, and as major political figures who once accepted these claims then accepted the state, including statesmen like Éamon de Valera and Sean MacBride
Seán MacBride
Seán MacBride was an Irish government minister and prominent international politician as well as a Chief of Staff of the IRA....

, the claims lost their vitality among most Irish people.

As the decades passed, the claimed line of authority based on the electorate of 1921 appeared more and more illogical, particularly by the 1990s, given that most of that electorate had died in the intervening years, and given that democratic government is based on results from the most recent election held in an area. Before long the claim ceased to be meaningful to all except a very small number of committed activists.
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