The Mudcat Café TM
Thread #130131   Message #2937495
Posted By: Teribus
30-Jun-10 - 04:49 PM
Thread Name: BS: Bloody Sunday Report - AT LAST
Subject: RE: BS: Bloody Sunday Report - AT LAST
The Constitution of the Republic of Ireland:

Article 2

It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish Nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.

Article 3

It is the firm will of the Irish Nation, in harmony and friendship, to unite all the people who share the territory of the island of Ireland, in all the diversity of their identities and traditions, recognising that a united Ireland shall be brought about only by peaceful means with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island. Until then, the laws enacted by the Parliament established by this Constitution shall have the like area and extent of application as the laws enacted by the Parliament that existed immediately before the coming into operation of this Constitution.

Institutions with executive powers and functions that are shared between those jurisdictions may be established by their respective responsible authorities for stated purposes and may exercise powers and functions in respect of all or any part of the island.

Explanatory Notes on Article 2
As amended, Article 2 provides that everyone born on the island of Ireland has the right to be a part of the Irish nation. The intention is partly to allow the people of Northern Ireland, if they wish, to feel included in the 'nation' without making what might be perceived as an extraterritorial claim. This is a reflection of the provision in the Belfast Agreement recognising the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may so choose, and accordingly confirm that their right to hold both British and Irish citizenship is accepted by both Governments and would not be affected by any future change in the status of Northern Ireland.

The new wording of Article 2 also had the legal effect of granting to everyone born on the island the right to Irish Citizenship. However this right has since been qualified by the Twenty-seventh Amendment. Adopted in 2004, this amendment did not alter the wording of Articles 2 and 3 but nonetheless limited the constitutional right to citizenship to those born on the island to at least one Irish parent. Article 2 further recognises the "special affinity" between the people of Ireland and the Irish diaspora.

Explanatory Notes on Article 3
As amended, Article 3, Section 1 expresses the "firm will" of the Irish nation to create a united Irish people, though not, explicitly, a united country. It stresses, however, that a united Ireland should respect the distinct cultural identity of Unionists and that it should only come about with the separate "democratically expressed" consent of the peoples of both parts of the island. This provision was intended to diminish the concerns of Unionists, that their rights would be ignored in a united Ireland, should that happen. Under the Good Friday Agreement the people of Northern Ireland's "democratically expressed" consent must be secured in a referendum. Interestingly for a provision that speaks of the "Irish Nation"'s desire for unity, it adds an additional legal requirement for a referendum to be held not only in Northern Ireland but also in Ireland before a united Ireland could be brought about. Section 2 allows Ireland to participate in the cross-border 'implementation' bodies established under the Agreement.

Okay Jim what's your beef? Unification of Ireland requires separate referenda to be held in both Northern Ireland and in the Republic. Now that seems to me to imply that the whole of the population of Ireland have a say. What would you do if the North said YES but the Republic said NO? Would you abide by that decision?

I said that the unification of Ireland remains an aim of all the major parties - I thought this to be the case, but to be doubly sure, I Wikied it - and sure enough....

As I said before the aims and aspirations of political parties are irrelevant, it is the expressed will of the people that counts, and the fact remains that the Republic of Ireland's Constitutional claim on the North has been dropped from the Constitution that existed from 1937 to 1999.