After articles 2 and 3 were amended it was the birthright of every person born in the island to be part of the Irish nation, including both catholic and protestant, this was also the entitlement of all the people according to the law to be citizens of Ireland. Also the Irish nation cherishes its special connection with people of the Irish origin living abroad who share its cultural identity and birthright, meaning the generations of Irish people that may have immigrated to another country during troubled times. 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 the range of there identities and traditions, recognising that a united Ireland shall be brought about by a peaceful way with the approval of a majority of the people, democratically spoken, in both jurisdictions in the island. Institutions with decision-making powers and functions that are shared between those jurisdictions may be well-known by their own liable establishments for stated purposes and may exercise powers and functions in respect of all or any part of the island. The amendments of articles 2 and 3 were demanded by unionists during discussions leading to the Good Friday agreement. The 19th amendment was introduced by the fianna fail progressive democrat’s coalition’s government of bertie ahern, but was supported by all major political parties. When put to referendum it was amazingly approved by over 94% of the participating electorate.
The second amendment I will discuss is the amendment of divorce, in article 41.3.2 of the Irish constitution of 1937 states; no law shall be enacted providing for the grant of a closure of marriage. In 1986 a referendum to remove this ban on divorce was defeated. The yes vote was 36.5%. Divorce gives legal credit to the fact that a marriage has forever broken down and no longer exists in anything but name. During the last decade successive governments have introduced a series of measures designed to create a law-making structure and carry on services to deal with marriage breakdown in particular the protection of the rights of children. The constitution and our laws fail to give legal credit to the position of permanent breakdown experienced by large numbers of spouses. We have legal remedies equivalent to divorce in every respect except one, the right to remarry.
Over 75,000 people are in marriages that have broken down, and many would like the opportunity to remarry. The government believes that they should have this right, which is why it is proposing to remove the legal ban on divorce.
The state recognises the family as the natural primary and key unit group of society, and as an honourable foundation possessing absolute rights, advanced and superior to all positive law. The state therefore guarantees to protect the family in its foundation and right, as the necessary basis of social order and as crucial to the welfare of the nation and the state. The state pledges itself to guard with special care the institutions of marriage, on which the family is founded, and to protect it against attack. The government has put in place a range of laws which are designed to protect families and to minimise the difficulties of marriage breakdown as far as possible.
Conclusion
Before articles 2 and 3 were amended the republic of Ireland claimed that the national territory consisted of the whole island of Ireland and that they were going to have a united Ireland, unfortunately this meant removing the British from the north, which in my opinion could not have been done unless force was used. When articles 2 and 3 were finally amended the republic recognising that a united Ireland shall be brought about by a peaceful way, with the approval of a majority of people from both the republic and the north of the island. When the amendment of divorce finally came into action, there was masses of couples that signed up to get divorced, the reason for there being so much people getting divorces as soon as the referendum for divorce was passed was that before, it was not lawful to get divorced and it looked morally wrong but as soon as it became legal there was list’s of couples looking to get divorced.
