The president of the Executive Council was nominated by the Dáil and then formally appointed by the governor-general, though the governor-general was bound by constitutional convention to honour the Dáil's choice. On paper, executive power was vested in the governor-general, with the Executive Council empowered to "aide and advise" him. In practice, the governor-general only exercised his powers on the advice of the president of the Executive Council, making the latter the Free State's political leader. Once he had appointed the president, the governor-general appointed the remaining members of the Executive Council on the president's nomination. The president had the freedom to choose, from among members of the Dáil, any vice-president he wished, but the remainder of the cabinet had to be approved by a vote of consent in the Dáil before they could assume office. If he ceased to "retain the support of a majority in Dáil Éireann," the president, along with his cabinet, was obliged to resign, but could continue to serve as acting president until the appointment of a successor. The method of appointment of the president of the Executive Council was through a commission of the monarch or governor-general, either the leader of the party with a majority of seats in the lower house of parliament or, if no party commanded an absolute majority, whichever leader he believed would be best able to avoid a vote of no confidence.
Powers
The office of the president of the Executive Council was less powerful than either its modern equivalent, the office of Taoiseach, or the offices of most modern prime ministers in nations that follow the parliamentary system of government. In particular, the powers of the President were subject to two important limitations:
He could not dismiss a member of the Executive Council individually. Rather, the Executive Council had to be disbanded and reformed as a whole in order to replace a single minister.
He could not request a dissolution of parliament on his own initiative. This could only be done by the Executive Council acting collectively.
The result of these restrictions was, according to Brian Farrell, that the president of the Executive Council was closer to being the Executive Council's chairman or presiding officer, than its dominant leader. Nonetheless a strong president could exercise authority beyond the limits laid down in the 1922 constitution. The president's weak position arose from the fact that the status of his office was modelled on that of the prime minister of the United Kingdom before 1918. Until 1918, the British prime minister's powers had been theoretically quite limited and, as a member of the cabinet, the office-holder was regarded strictly as first among equals. Under Prime Minister David Lloyd George, however, from 1918 onwards, the powers of the office increased, as Lloyd George unilaterally claimed for himself powers that had previously belonged to the Cabinet collectively, including, most significantly, the right to seek a parliamentary dissolution. In 1931, the Free State sought, and was granted, the right to have an Irish minister formally advise the King in the exercise of his powers and functions in the Irish Free State, to the exclusion of British ministers. This had the effect of giving the president of the Executive Council the right to advise the King in his capacity as His Majesty's Irish Prime Minister.
History
The office of President of the Executive Council came into being on 6 December 1922 with the establishment of the Irish Free State, replacing the previous offices of President of Dáil Éireann and Chairman of the Provisional Government. Only two individuals held the office of President of the Executive Council during its existence: W. T. Cosgrave, until 1932, and Éamon de Valera thereafter. Under a constitutional amendment passed in 1936 and legislation passed in 1937 the office of Governor-General was abolished, with most of his powers being transferred to the Executive Council. At the same time, the president of the Executive Council ceased to be formally appointed by the governor-general, thenceforth simply being elected by the Dáil. The Irish Free State was reconstituted as 'Ireland' on 29 December 1937, when the present-day Constitution of Ireland came into effect. The new Constitution abolished the office of President of the Executive Council, replacing it with that of Taoiseach. The Taoiseach occupies a more powerful position than the president of the Executive Council did and has authority both to dismiss ministers individually and to request a dissolution of parliament on his own initiative.
