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The Irish Peerage: A Modest Proposal

Published online by Cambridge University Press:  16 January 2009

Andrew Turek
Andrew Turek
Affiliation:
Solicitor; member of the Treasury Solicitor's Department. I am grateful to the Department for permission to publish this article; the views expressed in it are mine and I am solely responsible for its contents.
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Extract

In a previous article, the present writer considered the process whereby ladies were admitted into the House of Lords and concluded that the draftsman of the Life Peerages Act 1958 had, intentionally or otherwise, made a hereditary peeress of every life peeress who has taken her seat. In that article a cursory mention was made of the Irish peers and their unsuccessful attempt to revive their representation in the House of Lords; but more careful consideration of their position has suggested that their exclusion may not be as final as some writers on the subject have hitherto assumed.

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Type
Articles
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The Cambridge Law Journal , Volume 50 , Issue 2 , July 1991, pp. 347 - 353
Copyright
Copyright © Cambridge Law Journal and Contributors 1991

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References

1 “Ladies for Life or Who Sits Where?” [1990] C.L.J. 334.Google Scholar

2 At note 30.

3 See, for example, Halsbury's Laws of England, 4th ed., vol. 34,Google Scholar para 1040; Wade, and Bradley, , Constitutional and Administrative Law (10th ed. 1985, p. 146.Google Scholar

4 Bankruptcy Disqualification Act 1871

5 Irish Free State (Agreement) Act 1922, Irish Free State Constitution Act 1922, and Irish Free State (Consequential Provisions) Act 1922.

6 On the death of the Earl of Bandon, Lord Oranmore and Browne obtained the opinion of two of the most eminent counsel of the day (F.H. Maughham and W.A. Greene) on the question of the Irish representative peerage; it is set out in extenso in [1967] Public Law 314–322.Google Scholar

7 [1967] A.C. 691; the proceedings are reported verbatim in HL 53 of 1966/67.

8 pp. 716-7.

9 p. 719.

10 Official Report HL, 5th Series, vol. 278, cols. 363–374.Google Scholar

11 At p. 13 of the HL paper; this passage is not adequately summarised in the Law Reports.

12 [1922] 2 A.C. 339.

13 At p. 365.

14 At p. 707; the full text cited to the Committee appears on p. 55 of the HL Paper.

15 40Geo. III. e. 29(Ir.)

16 See footnote 37 to the previous article, [1990] C.L.J. 334.

17 Vaux Peerage, 5 Clark & Finnelly 526.