Re: "Ireland's Genealogical Gazette" Nov. 2007

On Nov 9, 4:08 pm, Michael Merrigan <GSI.Secret...@xxxxxxxxxxxxxxxx>
wrote:
A Chairde,

The November 2007 issue of "Ireland's Genealogical Gazette" - the
monthly newsletter of the Genealogical Society of Ireland, has been
uploaded to the Society's websitewww.familyhistory.ie

In the current issue:

+ No Power to Grant Arms Between 1943 & 2005

Perhaps I'm being dense, but I don't think so. If we take this from
the top, is the source of the issue not the following passage in the
1937 Constitution of Ireland?

"Article 49.

1. All powers, functions, rights and prerogatives whatsoever
exercisable in or in respect of Saorstát Éireann immediately before
the 11th day of December, 1936, whether in virtue of the Constitution
then in force or otherwise, by the authority in which the executive
power of Saorstát Éireann was then vested are hereby declared to
belong to the people.

2. It is hereby enacted that, save to the extent to which provision is
made by this Constitution or may hereafter be made by law for the
exercise of any such power, function, right or prerogative by any of
the organs established by this Constitution, the said powers,
functions, rights and prerogatives shall not be exercised or be
capable of being exercised in or in respect of the State save only by
or on the authority of the Government."

Premise 1. (Rephrasing Article 49.2) Unless the Oireachtas enacted
otherwise, the Government (as defined in Article 28; i.e., the
Cabinet) under the 1937 Constitution may authorize the exercise of any
prerogative, power, function, or right that was exercisable in or in
respect of the Free State before 11 December 1936.

Subpremise A. The Oireachtas enacted no such law concerning the
prerogative, power, function or right of granting or confirming arms
until 1997.

Premise 2. The granting and/or confirming of arms was one of the
prerogatives, powers, functions, or rights exercisable in or in
respect of the Free State between before 11 December 1936.

Conclusion: The Government (=Cabinet) could therefore lawfully
authorize the exercise of the prerogative, power, function or right of
granting or confirming arms.

Query 1: Where is the logical error in this syllogism?

Query 2: Did the Government ever authorize anyone to exercise this
prerogative, power, function, or right?

Query 3: If the Government didn't authorize the Chief Herald to
exercise this PPFI, who did?

(Note that the language of the Constitution does not require even
considering whether or not the granting of arms derives from the Royal
Prerogative. It was a function exercised in and in right of the Free
State before 1936 and is therefore covered by Article 49 no matter
whence it ultimately originates.)

Joseph McMillan

.

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