192:
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. By the Good Friday Agreement the people of Northern Ireland's "democratically expressed" consent must be secured by referendum. For a provision that states 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 the Republic of Ireland before a united Ireland could be brought about. This has the effect of creating an extra hurdle to Irish acceptance of a cession of Northern Ireland's territory from the UK which would not apply to a cession of any other territory.
487:) that a mother who is neither a UK nor an Irish citizen, whose child was born in Northern Ireland and had subsequently (as was the child's entitlement) acquired Irish citizenship, had the right to live with her child in the UK, since denying this would in effect deny residence to the child, in violation of her rights as a citizen. The ECJ ruling acknowledged that, under certain circumstances, a person born in part of the UK (i.e. Northern Ireland) could not gain citizenship of that nation state, but could gain Irish citizenship, without having ever set foot in the Republic of Ireland, or having any connection with it.
350:, extending, for the time being, only to the twenty-six counties of the 'South'. In its 1937 form, Article 2 described the island of Ireland as the "national territory". Article 3, however, stated that the laws of the southern state would apply only to the South. The purpose of Article 3 was to clarify that Article 2 was intended largely as a kind of declaration, rather than as a provision that would have actual force of law.
155:, Article 9 now also provides that "otwithstanding any other provision of this Constitution, a person born in the island of Ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law".
151:
claim. However, it has been argued that "the new
Article 2 of the Irish constitution gave northern nationalists nothing". After all, Article 9 of the Constitution of Ireland governs Irish citizenship. It provides that the "future loss and acquisition of Irish nationality and citizenship shall be determined in accordance with law". Since it was
115:
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.
475:
By granting an unqualified right to citizenship to all of those born on the island of
Ireland, the new articles have also caused further controversy in the Republic. In January 2003, the Supreme Court ruled that it was constitutional for the Government to deport the parents of children who were Irish
446:
when commencement orders for the
British–Irish Agreement came into effect. However, Article 4(2) of the British–Irish Agreement (the Agreement between the British and Irish governments for the implementation of the Belfast Agreement) required the two governments to notify each other in writing of the
410:
arguing that the
Agreement was unconstitutional by Articles 2 and 3, because it recognised that Northern Ireland was part of the United Kingdom. This argument was unusual coming from unionists because of the traditional unionist opposition to these two articles, but was done to discredit an agreement
494:
was approved by referendum on 11 June 2004, and was enacted on 24 June. It inserted a new section in
Article 9 of the constitution stating that, "notwithstanding any other provision of Constitution", no-one would be automatically entitled to Irish citizenship unless they had at least one parent who
167:
The qualification to that provision of the
Belfast Agreement is contained in Annex 2 to the Belfast Agreement. That Annex specifies that the above-mentioned reference to "the people of Northern Ireland" only means "all persons born in Northern Ireland and having, at the time of their birth, at least
162:
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
150:
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 apparent 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 a revanchist
114:
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
234:
Pending the re-integration of the national territory, and without prejudice to the right of the parliament and government established by this constitution to exercise jurisdiction over the whole territory, the laws enacted by the parliament shall have the like area and extent of application as the
191:
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 happen with the
102:
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
287:
The British Government are effectively out of the equation and neither the British parliament nor people have any legal right under this agreement to impede the achievement of Irish unity if it had the consent of the people North and South... Our nation is and always will be a 32-county nation.
374:
For many decades the correct interpretation of the articles also caused some controversy among Irish nationalists. Some considered the constitution as placing an enforceable legal obligation on the government of the Republic to use its influence to actively seek the unification of the island.
84:. As a result, the Nineteenth Amendment of the Constitution was adopted during June of the same year by 94% of those voting. The new wording describes the Irish nation as a community of individuals with a common identity rather than as a territory, and is intended to reassure unionists that a
51:
which became effective 2 December 1999. As amended, they grant the right to be "part of the Irish Nation" to all those people born on the island of Ireland; the articles also express a desire for the peaceful political unification of the island subject to the consent of the people of
168:
one parent who is a British citizen, an Irish citizen or is otherwise entitled to reside in Northern Ireland without any restriction on their period of residence." Accordingly, the Belfast Agreement did not bind either state to provide for any unqualified entitlement to
182:
A criticism of the new wording was that the logic of the constitution was disrupted by the new Articles 2 and 3, in particular as Article 9 already dealt with citizenship, and that the references to "Irish nation" in the new Articles do not have any practical meaning.
118:
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
499:
to remove the entitlement to citizenship from those born on the island of Ireland who did not have an Irish-citizen parent, or whose parents had not lived in Ireland for three of the previous four years. This law was commenced on 1 January 2005.
447:
completion of the requirements for the entry into force of the Belfast Agreement. Entry into force was to be upon the receipt of the later of the two notifications. The British government agreed to participate with a televised ceremony at
366:
without their consent, and in violation of the sovereignty of the United Kingdom. Furthermore, they claimed, the articles constituted an extraterritorial claim to a part of a foreign nation and were therefore in violation of
463:, the Irish foreign minister. Soon after the ceremony, at 10.30 am, Taoiseach Bertie Ahern signed the declaration formally amending Articles 2 and 3 of the Irish Constitution. He then announced to the
863:
304:
The illegal territorial claim to Northern Ireland in Articles 2 and 3 of the Irish Constitution has been removed and the South now accepts the legitimacy of Northern Ireland.
375:
Invoking Article 2, some Northern Ireland nationalists elected to the UK parliament requested, but were denied, the right to be recognised in the southern parliament (the
956:
17:
876:
491:
152:
712:
362:
in Northern Ireland. To Northern Ireland Unionists the articles were a hostile claim upon their territory, and a declaration that they might be coerced into a
888:
208:
48:
399:
426:
as not representing an improvement on their predecessors. The DUP has, in recent elections, become the largest political party in Northern Ireland.
743:
517:
Address by Mr David Andrews, Irish Minister for Foreign Affairs at the Exchange of Notifications ceremony at Iveagh House, Dublin, 2 December 1999
901:
845:
434:
At midnight on 1 December 1999, the direct rule of the UK parliament ended in Northern Ireland when power was formally devolved to the new
593:
839:
467:
that the British–Irish Agreement had become effective (including certain supplementary agreements concerning the Belfast Agreement).
951:
456:
391:
affirmed in consistent rulings that Article 2 created no rights or obligations that were actually enforceable in a court of law.
696:
547:
138:(1922–1937). The Belfast Agreement does not refer to the part of the island of Ireland that is not Northern Ireland by name.
411:
they opposed, albeit not for the reasons they opposed it. Their case failed in the High Court, and again on appeal to the
103:
cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.
134:
329:, to be illegitimate. They desired the new constitution to proclaim the existence of a single 'Irish nation', and the
895:
709:
418:
Of the two main Unionist parties in Northern Ireland, the amended versions of Articles 2 and 3 were accepted by the
946:
851:
534:
439:
196:
961:
822:
812:
318:
913:
358:
Until their amendment during 1999 Articles 2 and 3 were the subject of some controversy, particularly among
158:
The changes to Article 2 represent a strictly qualified provision of the Belfast Agreement recognizing:
941:
869:
761:
460:
60:. Before 1999, Articles 2 and 3 made the claim that the whole island formed one "national territory".
495:
was (or was entitled to be) an Irish citizen. The Irish Nationality and Citizenship Act 2004 amended
477:
443:
435:
423:
224:
The national territory consists of the whole island of Ireland, its islands and the territorial seas.
580:
919:
632:
412:
77:
729:
44:
39:
790:
665:
644:
882:
857:
833:
765:
669:
648:
496:
419:
395:
293:
73:
333:
of the state to encompass the whole island, while for reasons of pragmatism recognising the
907:
407:
314:
175:
Article 2 further recognises the "special affinity" between the people of Ireland and the
8:
388:
57:
805:
769:
691:
673:
652:
611:
516:
359:
326:
288:
Antrim and Down are, and will remain, as much a part of Ireland as any southern county.
265:
88:
will not happen without the consent of a majority of the Northern Ireland electorate.
543:
403:
384:
368:
628:
257:
69:
53:
716:
686:
452:
380:
363:
252:
176:
85:
34:
935:
798:
297:
710:
Text of the British–Irish Agreement (as distinct from the Belfast Agreement)
448:
280:
269:
664:
British–Irish Agreement (Amendment) Act 1999 (Commencement) Order 1999 (
376:
313:
The drafters of the Constitution of Ireland during 1937 considered the
81:
47:
as a whole on 29 December 1937, but revised completely by means of the
760:
Irish Nationality and Citizenship Act 2004 (Commencement) Order 2004 (
481:
459:, attended early on 2 December 1999. He exchanged notifications with
275:
594:"Britain has been 'ruled out of the equation' on North, says Ahern"
169:
612:"Speech by Rt. Hon. David Trimble to the Northern Ireland Forum"
464:
820:
643:
British–Irish Agreement Act 1999 (Commencement) Order 1999 (
764:). Signed on 22 December 2004. Statutory Instrument of the
429:
687:"The Northern Ireland Act 1998 (Appointed Day) Order 1999"
668:). Signed on 2 December 1999. Statutory Instrument of the
647:). Signed on 2 December 1999. Statutory Instrument of the
339:
reality of partition, which resulted in delicate wording.
785:
292:
Speaking to the Northern Ireland Forum on 17 April 1998
581:
Annex 2 of the British–Irish Agreement of 10 April 1998
261:, the name of the independent Irish state before 1937.
31:
Article 2 and Article 3 of the Constitution of Ireland
730:"The Belfast Agreement – A Practical Legal Analysis"
451:
in Dublin, the Irish department of foreign affairs.
342:
The Constitution refers to two separate entities: a
406:brought a suit against the Irish government in the
209:
Nineteenth Amendment of the Constitution of Ireland
346:, encompassing the whole island of Ireland, and a
933:
438:. On 2 December 1999, power was devolved to the
957:Territorial disputes of the Republic of Ireland
195:Section 2 allows Ireland to participate in the
528:
526:
524:
806:
521:
334:
273:
246:
236:
840:Northern Ireland Constitutional Convention
813:
799:
571:Article 9.2 of the Constitution of Ireland
562:Article 9.1 of the Constitution of Ireland
163:change in the status of Northern Ireland.
618:
430:Adoption of new versions of the Articles
18:Article 3 of the Constitution of Ireland
536:The Belfast Agreement, Law and Politics
457:Secretary of State for Northern Ireland
14:
934:
532:
241:and the like extra-territorial effect.
794:
786:www.refcom.ie — Referendum Commission
591:
197:cross-border 'implementation' bodies
902:IRA Ceasefire & Decommissioning
202:
72:was bound by the terms of the 1998
24:
848:(Constitutional Conference) (1980)
727:
470:
135:parliament of the Irish Free State
63:
25:
973:
896:Independent Monitoring Commission
779:
852:Northern Ireland Assembly (1982)
592:Balls, Richard (27 April 1998).
27:Laws regarding Irish nationality
864:Brooke/Mayhew inter-party talks
754:
736:
721:
703:
679:
658:
637:
440:North/South Ministerial Council
952:Northern Ireland peace process
823:Northern Ireland peace process
604:
585:
574:
565:
556:
510:
476:citizens. In October 2004 the
398:of 1985, unionist politicians
353:
325:of the Free State by the 1921
319:Government of Ireland Act 1920
228:
218:
213:
199:established by the Agreement.
186:
145:
126:
76:to submit Articles 2 and 3 to
13:
1:
914:Hillsborough Castle Agreement
889:Amendment of Articles 2 and 3
762:S.I. No. {{{number}}} of 2004
387:). Before 1999, however, the
503:
107:
96:
91:
7:
153:further amended during 2004
10:
978:
870:Downing Street Declaration
308:
206:
829:
478:European Court of Justice
436:Northern Ireland Assembly
424:Democratic Unionist Party
394:After the signing of the
321:, and Northern Ireland's
274:
920:Stormont House Agreement
633:Supreme Court of Ireland
492:Twenty-seventh Amendment
43:) were adopted with the
947:Constitution of Ireland
533:Morgan, Austen (2011).
272:in Dublin during 1998,
45:Constitution of Ireland
854:("rolling devolution")
335:
306:
290:
247:
243:
237:
226:
170:birthright citizenship
165:
122:
105:
38:
962:Irish nationality law
894:Establishment of the
883:Good Friday Agreement
875:Establishment of the
858:Anglo-Irish Agreement
834:Sunningdale Agreement
768:. Retrieved from
766:Government of Ireland
715:7 August 2011 at the
697:The National Archives
672:. Retrieved from
670:Government of Ireland
651:. Retrieved from
649:Government of Ireland
631: (1 March 1990),
629:[1990] IESC 3
444:British–Irish Council
420:Ulster Unionist Party
396:Anglo-Irish Agreement
302:
294:Ulster Unionist Party
285:
232:
222:
160:
111:
100:
74:Good Friday Agreement
40:Bunreacht na hÉireann
908:St Andrews Agreement
666:S.I. No. 378 of 1999
645:S.I. No. 377 of 1999
625:McGimpsey v. Ireland
422:but rejected by the
315:partition of Ireland
49:Nineteenth Amendment
389:Irish Supreme Court
58:Republic of Ireland
770:Irish Statute Book
692:legislation.gov.uk
674:Irish Statute Book
653:Irish Statute Book
327:Anglo-Irish Treaty
266:1916 Easter Rising
942:Irish irredentism
929:
928:
549:978-0-9539287-3-6
542:. Belfast Press.
404:Michael McGimpsey
369:international law
331:theoretical right
268:commemoration at
16:(Redirected from
969:
815:
808:
801:
792:
791:
773:
758:
752:
751:
740:
734:
733:
728:Morgan, Austen.
725:
719:
707:
701:
700:
683:
677:
662:
656:
641:
635:
622:
616:
615:
614:. 17 April 1998.
608:
602:
601:
589:
583:
578:
572:
569:
563:
560:
554:
553:
541:
530:
519:
514:
338:
279:
278:
264:Speaking at the
258:Irish Free State
250:
248:Saorstát Éireann
240:
238:Saorstát Éireann
203:Original version
139:
130:
70:Irish Government
54:Northern Ireland
21:
977:
976:
972:
971:
970:
968:
967:
966:
932:
931:
930:
925:
825:
819:
782:
777:
776:
759:
755:
744:"A State Apart"
742:
741:
737:
726:
722:
717:Wayback Machine
708:
704:
685:
684:
680:
663:
659:
642:
638:
623:
619:
610:
609:
605:
598:The Irish Times
590:
586:
579:
575:
570:
566:
561:
557:
550:
539:
531:
522:
515:
511:
506:
497:citizenship law
473:
471:Citizenship law
453:Peter Mandelson
432:
356:
311:
255:translation of
231:
221:
216:
211:
205:
189:
148:
143:
142:
131:
127:
110:
99:
94:
66:
64:Current version
28:
23:
22:
15:
12:
11:
5:
975:
965:
964:
959:
954:
949:
944:
927:
926:
924:
923:
917:
911:
905:
899:
892:
886:
880:
873:
867:
861:
855:
849:
843:
837:
830:
827:
826:
818:
817:
810:
803:
795:
789:
788:
781:
780:External links
778:
775:
774:
753:
735:
720:
702:
699:, SI 1999/3208
678:
657:
636:
617:
603:
584:
573:
564:
555:
548:
520:
508:
507:
505:
502:
480:ruled (in the
472:
469:
431:
428:
364:united Ireland
355:
352:
310:
307:
253:Irish-language
230:
227:
220:
217:
215:
212:
204:
201:
188:
185:
177:Irish diaspora
147:
144:
141:
140:
124:
123:
121:
120:
116:
109:
106:
98:
95:
93:
90:
86:united Ireland
65:
62:
26:
9:
6:
4:
3:
2:
974:
963:
960:
958:
955:
953:
950:
948:
945:
943:
940:
939:
937:
921:
918:
915:
912:
909:
906:
903:
900:
897:
893:
890:
887:
884:
881:
878:
874:
871:
868:
865:
862:
859:
856:
853:
850:
847:
844:
841:
838:
835:
832:
831:
828:
824:
821:Steps in the
816:
811:
809:
804:
802:
797:
796:
793:
787:
784:
783:
771:
767:
763:
757:
749:
745:
739:
731:
724:
718:
714:
711:
706:
698:
694:
693:
688:
682:
675:
671:
667:
661:
654:
650:
646:
640:
634:
630:
626:
621:
613:
607:
599:
595:
588:
582:
577:
568:
559:
551:
545:
538:
537:
529:
527:
525:
518:
513:
509:
501:
498:
493:
488:
486:
484:
479:
468:
466:
462:
461:David Andrews
458:
454:
450:
445:
441:
437:
427:
425:
421:
416:
414:
413:Supreme Court
409:
405:
401:
397:
392:
390:
386:
382:
378:
372:
370:
365:
361:
351:
349:
345:
340:
337:
332:
328:
324:
320:
316:
305:
301:
299:
298:David Trimble
295:
289:
284:
282:
277:
271:
267:
262:
260:
259:
254:
249:
242:
239:
225:
210:
200:
198:
193:
184:
180:
178:
173:
171:
164:
159:
156:
154:
137:
136:
129:
125:
117:
113:
112:
104:
89:
87:
83:
79:
75:
71:
61:
59:
55:
50:
46:
42:
41:
36:
32:
19:
846:Atkins Talks
756:
747:
738:
723:
705:
690:
681:
660:
639:
624:
620:
606:
597:
587:
576:
567:
558:
535:
512:
489:
482:
474:
449:Iveagh House
433:
417:
393:
385:Dáil Éireann
383:(members of
373:
357:
347:
343:
341:
330:
322:
312:
303:
291:
286:
281:Bertie Ahern
263:
256:
244:
233:
223:
194:
190:
181:
174:
166:
161:
157:
149:
133:
128:
101:
67:
30:
29:
400:Christopher
354:Controversy
296:politician
270:Arbour Hill
936:Categories
408:High Court
377:Oireachtas
245:Note that
207:See also:
82:referendum
866:(1991–92)
504:Footnotes
360:Unionists
276:Taoiseach
229:Article 3
219:Article 2
214:Full text
187:Article 3
146:Article 2
108:Article 3
97:Article 2
92:Full text
78:amendment
713:Archived
442:and the
336:de facto
235:laws of
323:Opt Out
317:by the
309:History
251:is the
119:island.
922:(2014)
916:(2010)
910:(2006)
904:(2005)
898:(2003)
891:(1999)
885:(1998)
879:(1997)
872:(1993)
860:(1985)
842:(1975)
836:(1973)
546:
455:, the
344:nation
300:said:
283:said:
627:
540:(PDF)
379:) as
348:state
35:Irish
877:IICD
544:ISBN
490:The
485:case
483:Chen
465:Dáil
402:and
132:The
68:The
56:and
748:BBC
381:TDs
80:by
938::
746:.
695:,
689:,
596:.
523:^
415:.
371:.
179:.
172:.
37::
814:e
807:t
800:v
772:.
750:.
732:.
676:.
655:.
600:.
552:.
33:(
20:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.