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borislvinNINETEENTH AMENDMENT OF THE CONSTITUTION ACT, 1998
AN ACT TO AMEND THE CONSTITUTION. [3rd June, 1998]
WHEREAS by virtue of Article 46 of the Constitution any provision of the Constitution may be amended in the manner provided by that Article:
AND WHEREAS it is proposed to amend Article 29 of the Constitution:
BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:
1.—Article 29 of the Constitution is hereby amended as follows:
(a) the section the text of which is set out in Part I of the Schedule to this Act shall be inserted after section 6 of the Irish text,
(b) the section the text of which is set out in Part II of the Schedule to this Act shall be inserted after section 6 of the English text.
2.—(1) The amendment of the Constitution effected by this Act shall be called the Nineteenth Amendment of the Constitution.
(2) This Act may be cited as the Nineteenth Amendment of the Constitution Act, 1998.————————
SCHEDULE
<...>
Part II
7. 1° The State may consent to be bound by the British-Irish Agreement done at Belfast on the 10th day of April, 1998, hereinafter called the Agreement.
2° Any institution established by or under the Agreement may exercise the powers and functions thereby conferred on it in respect of all or any part of the island of Ireland notwithstanding any other provision of this Constitution conferring a like power or function on any person or any organ of State appointed under or created or established by or under this Constitution. Any power or function conferred on such an institution in relation to the settlement or resolution of disputes or controversies may be in addition to or in substitution for any like power or function conferred by this Constitution on any such person or organ of State as aforesaid.
3° If the Government declare that the State has become obliged, pursuant to the Agreement, to give effect to the amendment of this Constitution referred to therein, then, notwithstanding Article 46 hereof, this Constitution shall be amended as follows:
i. the following Articles shall be substituted for Articles 2 and 3 of the Irish text:
<...>
ii. the following Articles shall be substituted for Articles 2 and 3 of the English text:
‘‘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.
1. 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.
2. 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.’’,
iii. the following section shall be added to the Irish text of this Article:
<...>
iv. the following section shall be added to the English text of this Article:
‘‘8. The State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law.’’.
4° If a declaration under this section is made, this subsection and subsection 3°, other than the amendment of this Constitution effected thereby, and subsection 5°, of this section shall be omitted from every official text of this Constitution published thereafter, but notwithstanding such omission this section shall continue to have the force of law.
5° If such a declaration is not made within twelve months of this section being added to this Constitution or such longer period as may be provided for by law, this section shall cease to have effect and shall be omitted from every official text of this Constitution published thereafter.
http://www.irishstatutebook.ie/pdf/1998/en.ca.1998.0019.pdf
http://en.wikipedia.org/wiki/Nineteenth_Amendment_of_the_Constitution_of_Ireland
AN ACT TO AMEND THE CONSTITUTION. [3rd June, 1998]
WHEREAS by virtue of Article 46 of the Constitution any provision of the Constitution may be amended in the manner provided by that Article:
AND WHEREAS it is proposed to amend Article 29 of the Constitution:
BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:
1.—Article 29 of the Constitution is hereby amended as follows:
(a) the section the text of which is set out in Part I of the Schedule to this Act shall be inserted after section 6 of the Irish text,
(b) the section the text of which is set out in Part II of the Schedule to this Act shall be inserted after section 6 of the English text.
2.—(1) The amendment of the Constitution effected by this Act shall be called the Nineteenth Amendment of the Constitution.
(2) This Act may be cited as the Nineteenth Amendment of the Constitution Act, 1998.————————
SCHEDULE
<...>
Part II
7. 1° The State may consent to be bound by the British-Irish Agreement done at Belfast on the 10th day of April, 1998, hereinafter called the Agreement.
2° Any institution established by or under the Agreement may exercise the powers and functions thereby conferred on it in respect of all or any part of the island of Ireland notwithstanding any other provision of this Constitution conferring a like power or function on any person or any organ of State appointed under or created or established by or under this Constitution. Any power or function conferred on such an institution in relation to the settlement or resolution of disputes or controversies may be in addition to or in substitution for any like power or function conferred by this Constitution on any such person or organ of State as aforesaid.
3° If the Government declare that the State has become obliged, pursuant to the Agreement, to give effect to the amendment of this Constitution referred to therein, then, notwithstanding Article 46 hereof, this Constitution shall be amended as follows:
i. the following Articles shall be substituted for Articles 2 and 3 of the Irish text:
<...>
ii. the following Articles shall be substituted for Articles 2 and 3 of the English text:
‘‘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.
1. 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.
2. 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.’’,
iii. the following section shall be added to the Irish text of this Article:
<...>
iv. the following section shall be added to the English text of this Article:
‘‘8. The State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law.’’.
4° If a declaration under this section is made, this subsection and subsection 3°, other than the amendment of this Constitution effected thereby, and subsection 5°, of this section shall be omitted from every official text of this Constitution published thereafter, but notwithstanding such omission this section shall continue to have the force of law.
5° If such a declaration is not made within twelve months of this section being added to this Constitution or such longer period as may be provided for by law, this section shall cease to have effect and shall be omitted from every official text of this Constitution published thereafter.
http://www.irishstatutebook.ie/pdf/1998/en.ca.1998.0019.pdf
http://en.wikipedia.org/wiki/Nineteenth_Amendment_of_the_Constitution_of_Ireland
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no subject
Date: 2015-07-16 12:16 am (UTC)no subject
Date: 2015-07-16 01:06 am (UTC)no subject
Date: 2015-07-16 01:12 am (UTC)In most sports, the island of Ireland fields a single team, a notable exception being association football. Northern Ireland competes separately at the Commonwealth Games, and athletes from Northern Ireland may compete for either Great Britain or Ireland at the Olympic Games.
no subject
Date: 2015-07-16 01:18 am (UTC)Ulster
Ulster was a central topic role in the parliamentary debates that eventually resulted in the Government of Ireland Act 1920. Under the terms of the Act, Ireland was divided into two territories, Southern Ireland and Northern Ireland, with the border passing through the province. "Southern Ireland" was to be all of Ireland except for "the parliamentary counties of Antrim, Armagh, Down, Fermanagh, Londonderry and Tyrone, and the parliamentary boroughs of Belfast and Londonderry [the city of Derry]" which were to constitute "Northern Ireland". The area of Northern Ireland was seen as the maximum area within which Ulster Protestants/unionists could be expected to have a safe majority. This was in spite of the fact that counties Fermanagh and Tyrone had Catholic/Irish nationalist majorities. While these six counties and two parliamentary boroughs were all in the province of Ulster, three other counties of the province – Cavan, Donegal and Monaghan – were assigned to the Irish Free State.
Ulster has no official function for local government purposes in either jurisdiction. However, for the purposes of ISO-3166-2, Ulster is used to refer to the three counties of Cavan, Donegal and Monaghan only, which are given country sub-division code "IE-U".[10]
no subject
Date: 2015-07-16 02:49 am (UTC)- статус Северной Ирландии в английском (в смысле, британском) конституционном праве стал теперь существенно отличным от статуса других территорий Великобритании, а именно, тем, что он согласован и регулируется не исключительно суверенным решением властей Великобритании, но и межправительственным соглашением. В частности, это соглашение гарантирует Северной Ирландии право на сецессию, что в современном мире крайне редкое явление, если вообще где-то существует.
- статус Северной Ирландии в ирландском (в смысле, Ирландской республики) конституционном праве стал еще более загадочным, чем раньше. Если раньше Ирландия считала Северную Ирландию частью своей легитимной территории (https://en.wikipedia.org/wiki/Articles_2_and_3_of_the_Constitution_of_Ireland#Full_text_2), то теперь она признает ее право оставаться в составе Великобритании. При этом признается это право с большим скрипом, без использования самого выражения "Северная Ирландия", а отсылка к Северной Ирландии идет с помощью слова "jurisdiction".