No. 398 UCDA P150/2345

Note on legal considerations making the External Relations Act requisite (Copy)

Dublin, 10 December 1936


The Act, as distinct from the Constitutional Amendments, is necessary, because

  1. in the unprecedented situation created by the abdication, the Courts might (without the Bill) hold (a) either that King Edward VIII is still on the Throne so far as Saorstát Éireann is concerned, or (b) that there is no Successor to him under the law of Saorstát Éireann to perform the functions in question; or (c) that the British Act is effective to set up a new King here; and the greatest confusion would ensue if the position were left in doubt;
  2. the new constitutional position of the Monarch in relation to Saorstát Éireann is no where else defined;
  3. the Bill shows (and it is essential that we should show) that a law of Saorstát Éireann itself is necessary to authorise the performance of any royal functions in relation to Saorstát Éireann.

Also it is desirable that the new method of bringing a Bill into force should be put into effect immediately as it will be when this Bill is passed.

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