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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.
The Republic of Ireland is a dualist state and treaties are not part of Irish domestic law unless incorporated by the Oireachtas. [17] An exception to this rule might well be the provision in the constitution which says that "Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with ...
The Constitution of Ireland replaced the Constitution of the Irish Free State, which had been in effect since the independence, as a dominion, of the Irish state from the United Kingdom on 6 December 1922. [4] There were two main motivations for replacing the constitution in 1937.
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Irish Free State [n 2] Enacted the Constitution of the Irish Free State, which had been drafted by a committee appointed by the Provisional Government, and which was then re-enacted at Westminster via the Irish Free State Constitution Act 1922: 8th Dáil: Elected: Irish Free State [n 3] 1937 [n 4] State of Ireland [n 5]
The provision in the amended Article 2 quoted above that "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" was affected by the Twenty-seventh Amendment of the Constitution of Ireland, passed in 2004. That amendment did not alter the text of ...
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The courts apply the laws of Ireland. There are four sources of law in Ireland: the Constitution, European Union law, statute law and the common law. Under the Constitution, trials for serious offences must usually be held before a jury. Except in exceptional circumstances, court hearings must occur in public.