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Discretionary Referenda and the Irish Constitution Timothy Collins
Brooklyn Journal of International Law Volume 35 | Issue 2 Article 7 2010 I Amend Therefore I Am? Discretionary Referenda and the Irish Constitution Timothy Collins Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation Timothy Collins, I Amend Therefore I Am? Discretionary Referenda and the Irish Constitution, 35 Brook. J. Int'l L. (2010). Available at: https://brooklynworks.brooklaw.edu/bjil/vol35/iss2/7 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. I AMEND THEREFORE I AM? DISCRETIONARY REFERENDA AND THE IRISH CONSTITUTION INTRODUCTION n July 1, 1937, the people of the Republic of Ireland approved a Onew constitution1 by a plebiscite.2 The public’s consent “rooted [the constitution] in the will of the people”3 and put it “beyond chal- lenge,”4 except via amendment by the people.5 Specifically, Article 46 of the new constitution provided that, in addition to being passed in both houses of the Oireachtas (the Irish parliament);6 prospective amendments must also “be submitted by Referendum to the decision of the people”7 in accordance with the current referendum law.8 Since the adoption of the Constitution in 1937, there have been thirty9 amendment proposals sub- mitted to the people by referendum.10 Of these, twenty-one have been approved.11 Meanwhile, regular bills that do not propose amendments to the Con- stitution may be put to referendum at the discretion of the executive branch. -
Lessons from the Irish Citizenship Referendum
“Citizenship Matters”: Lessons from the Irish Citizenship Referendum J. M. Mancini Graham Finlay American Quarterly, Volume 60, Number 3, September 2008, pp. 575-599 (Article) Published by The Johns Hopkins University Press DOI: 10.1353/aq.0.0034 For additional information about this article http://muse.jhu.edu/journals/aq/summary/v060/60.3.mancini.html Access Provided by National University of Ireland, Maynooth at 01/11/11 12:37PM GMT “Citizenship Matters” | 575 “Citizenship Matters”: Lessons from the Irish Citizenship Referendum J. M. Mancini and Graham Finlay n 1916, armed insurrectionists revolted against the chief ally of the United States. The rebels surrendered quickly, but were punished severely: 15 were Iexecuted, and 3,500 faced imprisonment. Curiously, the British govern- ment spared one of the rebel leaders, propelling him to take a central role in an ongoing and ultimately successful campaign to subvert British rule. Even more curiously, nearly fifty years later, in 1964, President Lyndon B. Johnson welcomed this aging insurrectionist—who had abandoned his belief in the use of force against the British only a few years before—to the White House on a state visit. Johnson’s greeting to Eamon de Valera, by then the president of the Republic of Ireland, immediately suggests why he was spared: “This is the country of your birth, Mr. President . this will always be your home.”1 Although de Valera, the American-born son of an Irish mother and a Spanish father, lived in the United States for fewer than three years, both the Brit- ish courts and Johnson after them understood de Valera to be an American citizen—despite his expatriation, despite his participation in armed political struggle, and despite his ascent to the leadership of a foreign government. -
1 Disclaimer
DISCLAIMER: THIS IS THE POST-REVIEW VERSION OF THE ARTICLE PUBLISHED IN ETHNOPOLITICS. The final published version can be consulted online at https://doi.org/10.1080/17449057.2019.1585091 To cite this article: Jean-Thomas Arrighi. Arrighi, J. T. (2019). ‘The People, Year Zero’: Secessionism and Citizenship in Scotland and Catalonia. Ethnopolitics. Online first. https://doi.org/10.1080/17449057.2019.1585091 ‘The People, Year Zero’: Secessionism and Citizenship in Scotland and Catalonia Jean-Thomas Arrighi Swiss Forum for Migration and Population Studies (SFM), Université de Neuchâtel, Neuchâtel, Switzerland [email protected] Abstract: The article compares how secessionist elites in Scotland and Catalonia discursively and legally constituted the people that is the subject of their claim of self- determination in relation to immigrants and emigrants during their recent bid for independence (2012-2017). The results point to important similarities between the two cases, which privileged the territorial inclusion of immigrants over the ethnocultural inclusion of emigrants and embraced the principle of multiple nationality. The outcome is interpreted as a sub-set of a broader ‘independence lite’ strategy, serving the aim of reducing the prospective cost of independence in the eye of the population they seek support from, and of the international community of states they seek recognition from. 1 Introduction According to the 1933 Montevideo Convention laying out the criteria of statehood in international law, a state must not only have a government, a capacity to enter into relations with other states and a defined territory, but also a permanent population. In established independent states, the latter is constituted and reproduced through citizenship laws, the main purpose of which is to ensure the continuity of the state population across generations (Vink and Bauböck 2013, pp.621-623). -
Citizenship and Passport Processes in Northern Ireland’ Committee on the Administration of Justice (CAJ) February 2021 1
Written Evidence to the Northern Ireland Affairs Committee on its inquiry into ‘Citizenship and Passport Processes in Northern Ireland’ Committee on the Administration of Justice (CAJ) February 2021 1. CAJ is an independent human rights organisation with cross community membership in Northern Ireland and beyond. It was established in 1981 and lobbies and campaigns on a broad range of human rights issues. CAJ seeks to secure the highest standards in the administration of justice in Northern Ireland by ensuring that the Government complies with its obligations in international human rights law. 2. CAJ welcomes the opportunity to provide Written Evidence to the Committee on its inquiry into the ‘Citizenship and Passport Processes in Northern Ireland’.1 The Committee seeks written evidence on the following three questions: • The interaction between UK nationality law and Articles 1 (v) and (vi) of the Belfast/Good Friday Agreement, and any engagement with the ECHR; • Whether the Government should consider implementing changes to citizenship rules and requirements to better incorporate the birthright commitments of the Agreement into UK law; and • Whether the Government should allow Northern Ireland residents born in the Republic of Ireland to apply for a British passport given that Northern Ireland residents can currently apply for an Irish passport. 3. CAJ has a significant body of work on these issues and was involved in supporting the DeSouza case. Since 2016, we have developed a body of work on the implications of Brexit, including on issues relating to rights related to British, Irish, and, hence EU citizenship, and the principles of equality of treatment in NI. -
The Impact of Union Citizenship on National Citizenship Policies
The Impact of Union Citizenship on National Citizenship Policies Karolina Rostek Gareth Davies∗ I. INTRODUCTION ................................................................................... 90 II. STATUS OF CITIZEN ............................................................................. 93 A. Citizenship and Identity ............................................................ 93 1. Idea of Citizenship ........................................................... 94 2. Citizenship—Marker of Belonging ................................. 95 3. Conclusions ...................................................................... 97 B. The Concept of Union Citizenship ........................................... 97 1. Uniqueness of EU Citizenship ......................................... 97 2. Union Citizenship—Watershed (?) in Europeans’ Lives .................................................................................. 99 3. Controversies Raised by EU Citizenship ...................... 101 4. Conclusions .................................................................... 103 III. REFLEXIVE HARMONISATION ........................................................... 104 A. The History of Reflexive Harmonisation ............................... 105 B. The Role of Influence Tactics ................................................. 107 C. The Essence of Reflexive Harmonisation .............................. 108 D. Defects of Hard Law ............................................................... 109 E. Alternative to Hard Law—Soft Law -
Revue Française De Civilisation Britannique, XXI-1 | 2016 Who Is Irish Today? Citizenship and Nationality Issues in 21St Century Ireland 2
Revue Française de Civilisation Britannique French Journal of British Studies XXI-1 | 2016 Citizenship in the United Kingdom Who is Irish Today? Citizenship and Nationality Issues in 21st Century Ireland Qui est irlandais aujourd’hui ? Questions de citoyenneté et de nationalité dans l’Irlande du XXIème siècle Julien Guillaumond Electronic version URL: http://journals.openedition.org/rfcb/882 DOI: 10.4000/rfcb.882 ISSN: 2429-4373 Publisher CRECIB - Centre de recherche et d'études en civilisation britannique Electronic reference Julien Guillaumond, « Who is Irish Today? Citizenship and Nationality Issues in 21st Century Ireland », Revue Française de Civilisation Britannique [Online], XXI-1 | 2016, Online since 20 July 2016, connection on 20 April 2019. URL : http://journals.openedition.org/rfcb/882 ; DOI : 10.4000/rfcb.882 This text was automatically generated on 20 April 2019. Revue française de civilisation britannique est mis à disposition selon les termes de la licence Creative Commons Attribution - Pas d'Utilisation Commerciale - Pas de Modification 4.0 International. Who is Irish Today? Citizenship and Nationality Issues in 21st Century Ireland 1 Who is Irish Today? Citizenship and Nationality Issues in 21st Century Ireland Qui est irlandais aujourd’hui ? Questions de citoyenneté et de nationalité dans l’Irlande du XXIème siècle Julien Guillaumond Introduction 1 Over the last two decades, international migrations have driven many European States to alter their immigration policies. As globalization compels them to open up their economies to the free flow of capital and labour, EU States are rather more reluctant, in general, to consider immigration positively when it comes to its physical manifestation and its corresponding economic and social consequences. -
The Quest for State Distinctiveness and Immigrant Inclusion
TENSIONS AT THE BORDERS IN THE U.S. AND THE E.U.: THE QUEST FOR STATE DISTINCTIVENESS AND IMMIGRANT INCLUSION FRANCESCA STRUMIA∗ INTRODUCTION ........................................................................... 970 I. STATE DISTINCTIVENESS VS. IMMIGRANTS’ INCLUSION: THE ROLE OF INTERNAL BORDERS .......... 975 A. DISTINCTIVENESS VS. INCLUSION IN THE CHEN CASE ............ 975 B. THE ROLE OF INTERNAL BORDERS ......................................... 980 TABLE 1 INTERNAL BORDERS CLASSIFICATION .......................... 983 II. A MAP OF U.S. AND E.U. INTERNAL BORDERS ............... 983 A. ADMISSION AND TREATMENT OF IMMIGRANTS ...................... 984 1. Admission and Treatment of Immigrants in the U.S. ...... 984 a. Admission .................................................................. 984 b. Treatment of Immigrants ........................................... 986 2. Admission and Treatment of Immigrants in the E.U....... 990 a. Admission .................................................................. 990 b. Treatment of Immigrants ........................................... 994 B. NATURALIZATION ................................................................ 1002 1. Naturalization in the United States ................................ 1002 2. Naturalization in the European Union ........................... 1005 TABLE 2 THE MAP OF INTERNAL BORDERS .............................. 1010 ∗ S.J.D. 2009, Post-graduate Research Fellow, Harvard Law School; Attorney at Law, Kirkland & Ellis International LLP. I am deeply indebted -
A Comparative Analysis of Regulations on Involuntary Loss of Nationality in the European Union Gerard-René De Groot and Maarten Peter Vink No
A Comparative Analysis of Regulations on Involuntary Loss of Nationality in the European Union Gerard-René de Groot and Maarten Peter Vink No. 75/December 2014 Abstract This paper deals with loss of citizenship of the European Union (EU) due to the loss of nationality of an EU member state. Only the nationals of a member state possess European citizenship; the loss of nationality of a member state thus also implies the loss of European citizenship. Member states are in principle autonomous in nationality matters, which means that their rules on loss of nationality, and loss of EU citizenship, differ considerably. But member states must respect international law and the general principles of European law when dealing with loss of nationality. This report aims to provide a comprehensive and systematic comparative analysis of existing regulations and procedures in EU member states with regard to the involuntary loss of nationality. These rules are also assessed in light of international and European standards, in particular with regard to the prevention of arbitrary deprivation of nationality, the principle of proportionality and procedural guarantees. The report offers recommendations for policy-makers, judges and other authorities dealing with this issue. This paper was prepared in the context of the ILEC project (Involuntary Loss of European Citizenship: Exchanging Knowledge and Identifying Guidelines for Europe), which aims to establish a framework for debate on international norms on involuntary loss of nationality. For more information visit: www.ilecproject.eu ILEC is a research project co-funded by the European Commission’s DG Justice, Citizenship and Fundamental Rights. CEPS Papers in Liberty and Security in Europe offer the views and critical reflections of CEPS’ researchers and external collaborators on key policy discussions surrounding the construction of the EU’s Area of Freedom, Security and Justice. -
(Good Friday) Agreement 1998 Alison Harvey, No Chambers MARCH © 2020
A Legal Analysis of Incorporating Into UK Law the Birthright Commitment under the Belfast (Good Friday) Agreement 1998 Alison Harvey, No Chambers MARCH © 2020. Copyright is held by the Northern Ireland Human Rights Commission and the Irish Human Rights and Equality Commission. Northern Ireland Human Rights Commission, Temple Court, 39 North Street, Belfast. Irish Human Rights and Equality Commission, 16–22 Green Street, Dublin 7. ISBN: 978-0-9957296-6-7 Legal Analysis of Incorporating into UK Law the Birthright Commitment under the Belfast (Good Friday) Agreement 1998 Alison Harvey, No5 Chambers MARCH 2020 Structure of this paper A. THE RESEARCH QUESTION POSED 1 B. THE COHORT 1 B.1. THE PERSONS CONCERNED 1 B.2. THE RIGHTS AT ISSUE 4 B.2.i “identity” 4 B.2.ii “the birthright … to identify themselves and be accepted” 9 C. THE LAW 10 C.1. BRITISH NATIONALITY AND UK IMMIGRATION LAW 10 C.1.i “Parent” 12 C.1.ii “settled” 12 C.1.iii Loss 18 C.1.iv Fees 18 C.2. BRITISH AND IRISH NATIONALITY LAW 20 C.3. IRISH NATIONALITY LAW 23 C.3.i “Parent” 30 D. STATELESSNESS 31 E. CONCLUSIONS AND RECOMMENDATIONS 37 E.1. LEGISLATIVE OBJECTIVES 37 E.2. GETTING THE COHORT RIGHT 37 E.2.i Parents 37 E.2.ii The children of Irish citizens and persons entitled to reside 40 without limit of time E.2.iii The Right of abode 42 E.3. THE RIGHT OF ELECTION 44 E.3.i Renunciation and resumption 50 E.3.ii Stateless children 50 F. -
2Nd EUROPEAN CONFERENCE on NATIONALITY
Strasbourg, 10 December 2001 CONF/NAT (2001) PRO PROCEEDINGS CONFNAT 2nd EUROPEAN CONFERENCE ON NATIONALITY “CHALLENGES TO NATIONAL AND INTERNATIONAL LAW ON NATIONALITY AT THE BEGINNING OF THE NEW MILLENNIUM” (Strasbourg, 8 and 9 October 2001) PROCEEDINGS 2 CONTENTS Page Foreword ............................................................................................................................. 5 OPENING SPEECHES Hans Christian Krüger, Deputy Secretary General of the Council of Europe .................... 9 Diogo Lacerda Machado, State Secretary for Justice of Portugal .................................... 11 INTRODUCTION The work of the Committee of experts on nationality (CJ-NA) By: Zdzislaw GALICKI, Professor, Director of the Institute of International Law, University of Warsaw, Poland, Chair of the CJ-NA ............................................... 17 I. INTEGRATION AND NATIONALITY “Interaction between nationality and integration” Rapporteur: Felicita MEDVED, Centre for Research in International Migration and Ethnic Relations (CEIFO), Stockholm University, Sweden ............................................. 23 “Identity and nationality” Rapporteur: Thomas CASSUTO, Judge, Ll..D, Ministry of Justice, France, former Member of the CJ-NA........................................................................................... 41 II. CONDITIONS FOR THE ACQUISITION OF NATIONALITY “Conditions for the acquisition of nationality by operation of law ex lege or by lodging a declaration of option” Rapporteur: Gerard René de GROOT, -
Acquisition and Loss of Nationality: Policies and Trends in 15 European
Acquisition and Loss of Nationality Policies and Trends in 15 European States Volume 2: Country Analyses IMISCOE (International Migration, Integration and Social Cohesion) IMISCOE is a European Commission-funded Network of Excellence of more than 350 scientists from various research institutes that specialise in migration and integration issues in Europe. These researchers, who come from all branches of the economic and social sciences, the huma- nities and law, implement an integrated, multidisciplinary and interna- tionally comparative research program that focuses on Europe’s migra- tion and integration challenges. Within the program, existing research is integrated and new re- search lines are developed that involve issues crucial to European-level policy making and provide a theory-based design to implement new re- search. The publication program of IMISCOE is based on five distinct publication profiles, designed to make its research and results available to scien- tists, policymakers and the public at large. High-quality manuscripts written by IMISCOE members, or in cooperation with IMISCOE members, are published in these five series. An Editorial Committee coordinates the review process of the manuscripts. The five series are: 1. Joint Studies 2. Research 3. Dissertations 4. Reports 5. Textbook More information on the network can be found at: www.imiscoe.org. IMISCOE Research includes publications resulting from research of IMISCOE members like research monographs and edited volumes. Acquisition and Loss of Nationality Policies and Trends in 15 European States Volume 2: Country Analyses edited by Rainer Baubo¨ck Eva Ersbøll Kees Groenendijk Harald Waldrauch IMISCOE Research This publication is based on research funded by the Community’s Sixth Framework Programme and cofunded by the Austrian Federal Ministry for Education, Science and Culture. -
(CPP0008) Northern Ireland Affai
Written evidence submitted by Bernard Ryan, Professor of Migration Law, University of Leicester (CPP0008) Northern Ireland Affairs Committee inquiry into Citizenship and Passport Processes in Northern Ireland Written Evidence Bernard Ryan, Professor of Migration Law, University of Leicester March 2021 Introduction This submission is concerned with the first two questions in the Committee’s call for evidence. It considers possible reforms to each of British and Irish nationality law, in the light of paragraph 1(vi) of the 1998 British-Irish Agreement (‘the Agreement’). It draws upon the author’s publications concerning the application of Irish citizenship to persons born in Northern Ireland, and the position of Irish citizens in British immigration law.1 By paragraph 1(vi) of the Agreement, the two Governments “recognise 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 change in the status of Northern Ireland.” Paragraph 1(vi) is supplemented by a declaration by the two Governments, made at the time of the 1998 Belfast/ Good Friday Agreement, and contained in Annex 2 of the British-Irish Agreement. The declaration sets out the Governments’ “joint understanding” that “The term ‘the people of Northern Ireland’ in paragraph (vi) of Article 1 of this Agreement means … all persons born in Northern Ireland and having, at the time of their birth, at least 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.” For convenience, the phrase ‘person(s) of Northern Ireland’ is used here to refer to those within the category of “the people of Northern Ireland” defined in 1998.