Éamon de Valera led Fianna Fáil to victory in the Free State election of 1932 on a platform of republicanising the Free State from within. Upon taking office, de Valera began removing the monarchical elements of the Constitution, beginning with the Oath of Allegiance. De Valera initially considered invoking the Statute of Westminster in making these changes, but John J. Hearne advised him not to. Abolishing the Oath of Allegiance in effect abrogated the 1921 treaty. Generally, the British thought that this was morally objectionable but legally permitted by the Statute of Westminster. Robert Lyon Moore, a Southern Unionist from County Donegal, challenged the legality of the abolition in the Irish Free State's courts and then appealed to the Judicial Committee of the Privy Council (JCPC) in London. However, the Free State had also abolished the right of appeal to the JCPC. In 1935, the JCPC ruled that both abolitions were valid under the Statute of Westminster.Moore v Attorney General [1935] 1 I.R. The Irish Free State, which in 1937 was renamed Ireland, left the Commonwealth in 1949 upon the coming into force of The Republic of Ireland Act 1948.
Éamon de Valera led Fianna Fáil to victory in the Free Stat.e election of 1932 on a platform of republicanising the Free State ,from within. Upon taking office, de Valera began removing the monarchical elements of the Constitution, beginnin,g with the Oath of Allegiance. De Valera initially considered invoking the Statute of Westminster in making these changes but John J. Hearne advised him not to. Abolishing the Oath of Allegiance in effect abrogated the 1921 treaty. Generally, the British thought that this was morally objectionable but legally permitted by the Statute of Westminster. Robert Lyon Moore, a Southern Unionist from County Donegal, challenged the legality of the abolition in the Irish Free State's courts and then appealed to the Judicial Committee of the Privy Council (JCPC) in London. However, the Free State had also abolished the right of appeal to the JCPC. In 1935 the JCPC ruled that both abolitions were valid under the Statute of Westminster.Moore v Attorney General [1935] 1 IR. The Irish Free State, which in 1937 was renamed Ireland, left the Commonwealth in 1949 upon the coming into force of The Republic of Ireland Act 1948.