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Articles 2 and 3 of the Constitution of Ireland

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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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as not representing an improvement on their predecessors. The DUP has, in recent elections, become the largest political party in Northern Ireland.
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Address by Mr David Andrews, Irish Minister for Foreign Affairs at the Exchange of Notifications ceremony at Iveagh House, Dublin, 2 December 1999
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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
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that the British–Irish Agreement had become effective (including certain supplementary agreements concerning the Belfast Agreement).
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affirmed in consistent rulings that Article 2 created no rights or obligations that were actually enforceable in a court of law.
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they opposed, albeit not for the reasons they opposed it. Their case failed in the High Court, and again on appeal to the
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cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.
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Of the two main Unionist parties in Northern Ireland, the amended versions of Articles 2 and 3 were accepted by the
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Until their amendment during 1999 Articles 2 and 3 were the subject of some controversy, particularly among
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The changes to Article 2 represent a strictly qualified provision of the Belfast Agreement recognizing:
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was (or was entitled to be) an Irish citizen. The Irish Nationality and Citizenship Act 2004 amended
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The national territory consists of the whole island of Ireland, its islands and the territorial seas.
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of the state to encompass the whole island, while for reasons of pragmatism recognising the
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Article 2 further recognises the "special affinity" between the people of Ireland and the
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Antrim and Down are, and will remain, as much a part of Ireland as any southern county.
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will not happen without the consent of a majority of the Northern Ireland electorate.
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Text of the British–Irish Agreement (as distinct from the Belfast Agreement)
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British–Irish Agreement (Amendment) Act 1999 (Commencement) Order 1999 (
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The drafters of the Constitution of Ireland during 1937 considered the
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as a whole on 29 December 1937, but revised completely by means of the
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Irish Nationality and Citizenship Act 2004 (Commencement) Order 2004 (
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British–Irish Agreement Act 1999 (Commencement) Order 1999 (
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reality of partition, which resulted in delicate wording.
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Speaking to the Northern Ireland Forum on 17 April 1998
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Annex 2 of the British–Irish Agreement of 10 April 1998
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Article 2 and Article 3 of the Constitution of Ireland
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in Dublin, the Irish department of foreign affairs.
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The Constitution refers to two separate entities: a
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Nineteenth Amendment of the Constitution of Ireland
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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:)

Index

Article 3 of the Constitution of Ireland
Irish
Bunreacht na hÉireann
Constitution of Ireland
Nineteenth Amendment
Northern Ireland
Republic of Ireland
Irish Government
Good Friday Agreement
amendment
referendum
united Ireland
parliament of the Irish Free State
further amended during 2004
birthright citizenship
Irish diaspora
cross-border 'implementation' bodies
Nineteenth Amendment of the Constitution of Ireland
Irish-language
Irish Free State
1916 Easter Rising
Arbour Hill
Taoiseach
Bertie Ahern
Ulster Unionist Party
David Trimble
partition of Ireland
Government of Ireland Act 1920
Anglo-Irish Treaty
Unionists

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