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THE DECLARATORY ACT

1720

By the Declaratory Act the British parliament claimed the right to pass legislation binding upon Ireland. Irish patriots never accepted this claim. During the constitutional crisis of the early 1780s the British parliament repealed the act and renounced the claim to legislate for Ireland. The issue, of course, became moot in 1801 when the British and Irish parliaments were merged under the Act of Union.

AN ACT FOR THE BETTER SECURING THE DEPENDENCY OF THE KINGDOM OF IRELAND ON THE CROWN OF GREAT BRITAIN

Whereas the house of lords of Ireland have of late, against law, assumed to themselves a power and jurisdiction to examine, correct and amend the judgments and decrees of the courts of justice in the kingdom of Ireland; . . . be it declared . . . that the said kingdom of Ireland hath been, is, and of right ought to be subordinate unto and dependent upon the imperial crown of Great Britain, as being inseparably united and annexed there-unto, and that the king's majesty, by and with the advice and consent of the lords spiritual and temporal, and commons of Great Britain in parliament assembled, had, hath, and of right ought to have full power and authority to make laws and statutes of sufficient force and validity to bind the kingdom and people of Ireland.

II. And be it further declared and enacted . . . that the house of lords of Ireland have not, nor of right ought to have any jurisdiction to judge of, affirm or reverse any judgment, sentence or decree, given or made in any court within the said kingdom, and that all proceedings before the said house of lords, upon such judgment, sentence or decrees, are, and are hereby declared to be utterly null and void to all intents and purposes whatsoever.

THE STATUTES AT LARGE OF ENGLAND AND OF GREAT-BRITAIN: FROM MAGNA CARTA TO THE UNION OF THE KINGDOMS OF GREAT BRITAIN AND IRELAND (1811), vol. 4, p. 481.

The Declaratory Act

Copyright © 2004 by Thomson Gale, a part of the Thomson Corporation.


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