The Irish Constitution Explained by Darrell Figgis — A Closer Reading

Exposition as a Method

Figgis frames his task as exposition, not critique. He writes that the articles "were first published in the Irish Independent at the invitation of its Editor" and "naturally suffer... from the conditions that were first imposed on them." This origin shapes the text: each piece was meant to clarify a part of the Constitution for a general readership. Figgis grounds his exposition in "the original plan and structure, which are preserved in the present draft, of the Constitution." He believes the Fundamental Law should be "fully discussed and debated before it be enacted." The reader should note how Figgis balances explaining the document's mechanics while occasionally stepping back to assess whether those mechanics serve popular sovereignty.

The Central Principle: Malleability to the Popular Will

Figgis asserts a core belief: "the will of the people is sufficient to itself, and... all forms of government must be made malleable to it." He cites l'Abbé Coignard's remark that "a people is not susceptible to more than one form of government at the same period." For Figgis, any "frustrations and obstructions of, and impediments to, the constant exercise of that will" are "cogs in the machinery of government." This principle drives his two critical articles. The excerpts show he is less concerned with abstract theory than with how specific constitutional provisions either enable or block popular control. Readers should watch for how he applies this test to each part of the draft.

Critique of Appeals to the Privy Council

Figgis devotes sustained criticism to the provision allowing appeals from the Irish Supreme Court to the British Judicial Committee of the Privy Council. He argues that such appeals involve two classes of cases: those concerning ordinary law, and those concerning the Constitution itself. For constitutional cases, he contends, the Committee cannot deliver impartial judgment because it is composed of British lawyers, many recruited "from men who have snatched a casual eminence in the heat of party strife." He warns that "where a Court exists from which a people presumes injustice in advance, the wells of security and good order are at once poisoned." Figgis cites Australian and New Zealand experience, quoting an Australian Premier who called the Committee's decisions "unfortunate" and a New Zealand resolution that complained of "ignorance... of our history, of our legislation, and of our practice." The excerpts do not reveal whether Figgis offers a remedy, but his tone is pointed.

Structure of the Book

The volume contains four main parts: an Introduction, an Explanation, the Draft Constitution itself, and the Articles of Agreement for the Treaty. The Introduction sets out Figgis's approach and his concern with popular sovereignty. The Explanation section presumably walks through the Constitution article by article. The inclusion of the full draft allows readers to check Figgis's claims against the original text. The Treaty articles provide context for the Constitution's creation. Figgis notes that two of his articles turned from exposition to criticism; those appear to be the ones dealing with the Privy Council appeals. The excerpts do not indicate how many articles the Explanation contains, but the book's modest length (about 30,000 words) suggests concise treatment.

Figgis writes as an insider who helped draft the Constitution, yet his tone remains expository rather than defensive. Readers should approach the Explanation as a contemporary guide meant to inform public debate, not as a neutral legal commentary. The critical passages on the Privy Council reveal the political stakes behind seemingly technical provisions. For a full understanding, read the Draft Constitution alongside Figgis's remarks, noting where his exposition aligns with the text and where his criticism departs from it.

Reading Figgis’s insistence that a constitution must bend to the people’s will, I kept thinking of older, rawer experiments in that same faith. The Irish Constitution Explained by Darrell Figgis feels hopeful in a way that aches now. It made me want to leaf through The History of Tammany Hall Second Edition — Text and Context again, just to see how another kind of promise curdled quietly.