ABSTRACT
THE Constitution adopted by the Irish Free State forms an interesting precedent so far as it sets up a definite scheme of controlling the exercise of the discretionary authority of the representative of the Crown. By Article 28 of the Constitution Dáil Eireann (the popular Assembly or Chamber of Deputies) ‘may not at any time be dissolved except on the advice of the Executive Council’. The Executive Council consists of Ministers appointed by the Governor-General on the nomination of the President 1 and includes the President of the Council, the Vice-President, and other Ministers, all of whom (except one Senator) are required to be members of the Dáil. 2 The President of the Council must be appointed ‘on the nomination of Dáil Eireann’ and the President nominates a Vice-President. 3 The President and the Ministers nominated by him ‘shall retire from office should he [i.e. the President] cease to retain the support of a majority in Dáil Eireann’. 4 It is further expressly provided that ‘the Oireachtas [i.e. the Legislature] shall not be dissolved on the advice of an Executive Council which has ceased to retain the support of a majority in Dáil Eireann’. 5
