爱尔兰自由邦
维库，知识与思想的自由文库
爱尔兰自由邦（英语：Irish Free State，爱尔兰语：Saorstát Éireann）(1922年—1937年 )是由爱尔兰32郡中由英国和爱尔兰共和国代表于1921年12月6日在伦敦签署的爱尔兰自由邦协定（或英爱协定）规定的从大不列颠和爱尔兰王国分裂出来的26郡组成的国家。爱尔兰自由邦从1922年12月6日产生，取代两个同时并存但又名义上敌对的国家：由1920年爱尔兰政府法规定的，1922年一月起由一个迈克尔·柯林斯领导的临时政府统治的，“法理上”的南爱尔兰；以及一个由爱尔兰国会在1919年建立的，由爱尔兰国会议长亚瑟·格利菲斯领导的“事实上的”爱尔兰共和国。（1922年8月，两个国家由于各自领导人的死亡合并生效；两个头衔同时被W.T.科斯格雷夫拥有。）
[编辑] 历史背景The Easter Rising of 1916, and in particular the decision of the British military authorities to execute many of its leaders after courts martial, generated sympathy for the republican cause in Ireland. But perhaps more importantly it was the republicans and some independent Nationalists who led opposition to the idea of compulsory military service for Irish men in the conscription crisis of early 1918. The crisis saw the Irish Parliamentary Party, who supported the Allied cause in the Great War in response to the passing of the final Third Home Rule Act 1914, become discredited and the result was that in the December 1918 general election the majority of Irish seats in the Westminster parliament of the United Kingdom of Great Britain and Ireland were won (with 25 of 105 constituencies returning Sinn Fein members unopposed without contests) by Sinn Féin, a previously non-violent separatist party founded by Arthur Griffith in 1905, that under Eamon de Valera's leadership from 1917 had campaigned aggressively for an Irish republic. In January 1919, Sinn Féin MPs (or TDs as they became known, from the Irish Teachta Dála) refusing to sit at Westminster, assembled in Dublin and formed a single chamber Irish parliament called Dáil Éireann (Assembly of Ireland). It affirmed the creation of an Irish Republic and passed a Declaration of Independence, calling itself Saorstát Éireann in Irish. However only the Soviet Union recognised the Irish Republic internationally, although it was accepted by the overwhelming majority of Irish people. (Recent calculations of Sinn Féin support in 1918, based on actual electoral battles at national and local level puts party support at in the region of 45–48%, largely because many of their seats were won without being contested). The War of Independence was fought between the army of the "Republic," the Irish Republican Army (known now as the "Old IRA" to distinguish it from later claimants to the title) and the British Army of the United Kingdom of which Ireland was still nominally part. In 1921, a truce was declared, and at the end of the year, negotiations were opened, under British Prime Minister David Lloyd George and Arthur Griffith, who headed the Irish Republic's delegation. That these negotiations would produce a form of Irish government short of the independence wished for by republicans was not in doubt. The United Kingdom could not offer a republican form of government without losing prestige and risking demands for something similar throughout the Empire. Furthermore, as one of the negotiators, Michael Collins, later admitted (and he was in a position to know, given his role in the independence war), the IRA at the time of the Truce was weeks, if not days, from collapse, with a chronic shortage of ammunition. "Frankly, we thought they were mad," Collins said of the sudden British offer of a truce, although it was likely they would have continued in one form or another, given the level of public support. The President of the Republic, Eamon de Valera, himself realised that a republic was not on offer. He decided not to be a part of the treaty delegation and so be tainted with what some more militant republicans were bound to call a "sell out." As expected, the Anglo-Irish Treaty explicitly ruled out a republic. What it offered was dominion status, as a state of the British Empire (now called the Commonwealth of Nations), equal to Canada, Australia and New Zealand. Though less than expected by the Sinn Féin leadership of 1919–1922, it was substantially more than the initial form of home rule within the United Kingdom sought by Charles Stewart Parnell from 1880 and a serious advancement on the final Third Home Rule Act 1914 which the Irish nationalist leader John Redmond had achieved through democratic parliamentary proceedings. It was ratified by the Second Dáil, splitting Sinn Féin in the process. [编辑] 政府体制与宪政结构The structures of the new Irish Free State were laid out in the Treaty and in the Constitution of the Irish Free State Act. It provided for a constitutional monarchy, with a three tier parliament, called the Oireachtas, made up of the King and two houses, Dáil Éireann and Seanad Éireann (the Irish Senate). Executive authority was vested in the King, and exercised by a cabinet called the Executive Council, presided over by a prime minister called the President of the Executive Council. [编辑] 英国王室代表The King in Ireland was represented by a Governor-General of the Irish Free State, The office replaced the previous Lord Lieutenant, who had headed English and British administrations in Ireland since the Middle Ages. Governors-General were appointed by the King initially on the advice of the British Government, but with the consent of the Irish Government. From 1927 the Irish Government alone had the power to advise the King whom to appoint. [编辑] 效忠宣誓As with all dominions, provision was made for an Oath of Allegiance. Within dominions, such oaths were taken by parliamentarians personally towards the monarch. The Irish Oath of Allegiance was fundamentally different. It had two elements; the first, an oath to the Free State, as by law established, the second part a promise of fidelity, to His Majesty, King George V, his heirs and successors. That second fidelity element, however, was qualified in two ways. It was to the King in Ireland, not specifically to the British King. Secondly, it was to the King explicitly in his role as part of the Treaty settlement, not in terms of pre-1922 British rule. The Oath itself came from a combination of three sources, and was largely the work of Michael Collins in the Treaty negotiations. It came in part from a draft oath suggested prior to the negotiations by President de Valera. Other sections were taken by Collins directly from the Oath of the Irish Republican Brotherhood, of which he was the secret head. In its structure, it was also partially based on the form and structure used in the Dominion of Canada. Though controversially moderate by other dominion standards, and notably indirect in its reference to the monarchy (and hence widely criticised by unionists and other dominions), it was criticised by nationalists and republicans for making any reference to the Crown, the claim being that it was a direct oath to the Crown, a fact demonstrably incorrect by an examination of its wording. But in 1922 Ireland and beyond, it was the perception, not the reality, that influenced public debate on the issue. Had its original author, Michael Collins, survived, he might have been able to clarify its actual meaning, but with his assassination in 1922, no major negotiator to the Oath's creation on the Irish side was still alive, available or pro-Treaty. (The leader of the Irish delegation, Arthur Griffith had also died in August 1922). The Oath became a key issue in the resulting Irish Civil War that divided the pro- and anti-treaty sides in 1922–23. [编辑] 北爱尔兰The Treaty provided for an all-Ireland thirty-two county state, subject to the proviso that the six Northern Ireland counties, which had their own government under the Government of Ireland Act 1920, could formally opt out of the Free State, which they duly did. (Had it remained, Northern Ireland would have been a self-governing province of the Irish Free State, with its own parliament and government as before.) Northern Ireland thus remained part of the renamed United Kingdom of Great Britain and Northern Ireland. The Treaty also allowed the United Kingdom to retain naval use of three Free State ports. [编辑] 爱尔兰内战The compromises contained in the agreement caused the civil war in the 26 counties in June 1922 - April 1923, in which Michael Collins's pro-Treaty "Free Staters" defeated the anti-Treaty Republicans led by Eamon de Valera, who had resigned as president of the Republic on the treaty's ratification, to the fury of some of his own supporters, notably Sean T. O'Kelly. On resigning, he then sought re-election in an attempt to wreck the treaty. However his ploy failed as the electorate voted for pro-treaty candidates. Arthur Griffith became President. Michael Collins was chosen by the House of Commons of Southern Ireland (a body set up under the Government of Ireland Act 1920 and to which the Provisional Government was nominally answerable) to become Provisional Prime Minister. As both the House of Commons and the Dáil had almost identical members, it was academic which body was meeting. Griffith's republican administration and Collins' Crown-appointed government merged with the deaths of both men, their respective offices being held by the same man, W.T. Cosgrave. [编辑] “实现自由的自由”
[编辑] 管理Two political Parties governed the Irish Free State between 1922 and 1937.
[编辑] 宪政改革Michael Collins described the Treaty as 'the freedom to achieve freedom'. In practice, the Treaty offered most of the symbols, powers and functions of independence, including a functioning parliamentary democracy, executive, judiciary, a written constitution which could be changed by the Free State, etc. However, in theory, a number of limits existed:
All this changed in the 1920s. A reform of the King's title, under a Commonwealth Conference decision and given effect by the Royal and Parliamentary Titles Act 1927, changed the King's role in each dominion. No more was he King in Ireland, Australia, New Zealand, etc. Instead he became King of Ireland, Australia, etc. So from that change, embodied in the Royal Titles Act, the British king had no role whatsoever in each dominion. His only role was as each dominion's own king, advised in each dominion's affairs by the dominion, not by the United Kingdom. Furthermore, the British government lost any role in either the selection of a governor-general or in advising him. In this manner, the United Kingdom lost the ability to influence internal dominion legislation. The Free State went further. It 'accepted' credentials from international ambassadors to Ireland, something no other dominion up to then had done. It registered the treaty with the League of Nations as an international document, to the fury of the United Kingdom, who saw it as a mere internal document between a dominion and the UK. Most dramatically of all, the Statute of Westminster, again embodying a decision of a Commonwealth Conference, enabled each dominion to enact any legislation to change any legislation, without any role for the British parliament which may have enacted the original legislation in the past. Ireland symbolically marked these changes in two mould-breaking moves.
When Eamon de Valera became President of the Executive Council (prime minister) in 1932 he described Cosgrave's ministers' achievements simply. Having read the files, he told his son, Vivion, "they were magnificent, son." All that remained was British control of a number of ports in the Irish Free State, called the Treaty Ports. However that was an issue not of constitutional law but technical requirements in the Treaty which could be and were renegotiated in 1938 to Ireland's satisfaction. That freedom allowed de Valera, on becoming President of the Executive Council (February 1932) to go even further. With no British restrictions on his policies, he abolished the Oath of Allegiance (which Cosgrave intended to do had he won the 1932 general election), the Senate, university representation in the Dáil, appeals to the Privy Council. His one major error occurred in 1936 when, in a rush to use the abdication of King Edward VIII, he tried to abolish the crown and governor-general with the Constitution (Amendment No.27 Act), only to be told by senior law officers and others that, as the crown & governor-generalship existed separately from the constitution in a vast number of Acts, Charters, Orders-in-Council, and Letters Patent, they both still existed. He had to rush through a second Bill, The Executive Powers (Consequential Provisions) Act, 1937 to repeal all the elements he had forgotten. He retrospectively dated the second Act's effect back to December 1936. [编辑] 爱尔兰自由邦的结局In 1937, Eamon de Valera replaced the 1922 constitution of Michael Collins with his own, renamed the Irish Free State to Éire, and created a new 'president of Ireland' in place of the Governor-General of the Irish Free State. His constitution, reflecting the 1930s preoccupation with faith and fatherland, claimed jurisdiction over all of Ireland while recognising the reality of the British presence in the northeast (see Articles 2 and 3). It also provided for a special position for the Roman Catholic Church, while also recognising the existence and rights of other faiths, specifically the minority Anglican Church of Ireland and the Jewish Congregation in Ireland. (This article was repealed in 1972, and Articles 2 and 3 were reworded in 1999.) It was left to the initiative of de Valera's successors in government (1948). John A. Costello of the (pro-treaty) Fine Gael party to achieve the country's formal transformation into the Republic of Ireland. A tiny minority of Irish people, usually attached to small parties like Sinn Féin and Republican Sinn Féin, denied the right of the twenty-six county state to use the name 'republic', referring to the twenty-six county state as the 'Free State', its citizens 'Free Staters' and its government the "Free State" or "Dublin" Government. Though with Sinn Féin's entry in the Republic's Dáil (where they won 5 seats out of 166 in the 2002 general election) and the Northern Ireland Executive (where they had 2 ministries), the odds are that the number of those who refuse to accept the legitimacy of the Irish Free State/Éire/Republic of Ireland, which is already very small, will decline further. [编辑] 参考资料[编辑] 扩展读物
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