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A New Constitution

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  • 19-11-2006 8:23pm
    #1
    walrusgumble
    Banned (with Prison Access) Posts: 3,062 ✭✭✭


    So, lets pretend that tomorrow the governments of Dail Eireann and Westminster enact new legislation for the effect of a United Ireland. One of the first steps would be to establish a new Constitution and statutory intruments to gives its effect.

    In my honest belief there are some aspects like articles 40-44 which are ok (on paper that is), however, for the unionist some things may have to be changed in order to recognise their status and show that their historical perspective of what it be like for them to be ruled by dublin was no longer valid. whilst still keeping the aims and objectives of the 1916 irish proclamation in mind ie rights for all women,men and children and equal oppurtunities for all.

    Alternatively say if you were the Minister for Justice Equality and Law Reform, and actually paid heed to the Constitution report of 1996, there would soon be a fair view Referndums coming soon.

    I your own opinion what would you like to see changed in the Constitution? Would you propose for a secular State, expressed rights of children etc.. do we really need a provision in the constitution regarding blasphemy consider we are suppose to value freedom of opinion & speech and that we already have legislation covering this.

    One thing I would like changed is in relation to the removal of a judge. the constitution or laws need to be more precise on what should constitute for removal, note the chaos during the curtin affair. secondly maybe the Constitution should express that the removal of a judge could be done in similar fashion as the removal of the president.


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    #2
    Sleepy
    Registered Users Posts: 24,249 ✭✭✭✭Sleepy


    Removal of the sexist references regarding a woman's place within the home.
    Removal of religious references and a new article removing the rights of religious bodies from interfering in the government or any of it's institutions (i.e. health/education).
    Removal of the monopolies of legal representative training afforded to the Kings Inns and Blackhall Place.


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    #3
    flogen
    Moderators, Society & Culture Moderators Posts: 10,247 Mod ✭✭✭✭flogen


    There are plenty of things that probably should be changed, and that parties are generally in agreement about chance but that no-one is bothered to change, they just ignore it. One example is Sleepy's reference to article 41.2.1 (and .2) of the constitution which states:
    1° In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.

    2° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.

    I've often considered the possibility of a redrafting of the constitution (like what DeValera did in 1937).
    There's no doubt that much of Bunreacht na hÉireann is out of date and in need of change, but I don't think the entire thing needs to be re-drafted; the Government just needs to have the will and balls to actually stick their necks out on some issues.
    If there was a United Ireland changes would obviously need to be made; for example the State would have to be recognised as the entire island, and other issues, perhaps even the flag, may have to be dealt with.

    My question would be this; just assuming the entire constitution needs to be re-drafted, how is that done? Does the public need to vote on the repeal and enactment of every single article, or can it all be done in one single vote (agree to repeal the former and enact the new)?


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    #4
    walrusgumble
    Banned (with Prison Access) Posts: 3,062 ✭✭✭walrusgumble


    i agree with u flogen with regards that the whole constitution does not need to be redrafted. even if there was a united ireland some aspects would be kept which even unionist would agree.

    i guess the easiest thing is to alter the offensive articles, the preamble (all though not legally binding) needs to be changed. i suppose if someone in dail bothered there arses to bring these changes in the people are ireland might start whinging about so many referendums occurring. (if they did they would need a kick in the arse as we should count ourselves lucky to have a say)

    i suppose if a united ireland occurred, maybe there would be a new redraft constitution just like the proposed eu constitution 2 years ago. that might not be favourable as a disagreement on one article that would be it.

    interestingly, would gay marriages have to be recognised in the south if we were united, not that that it bad the liberal the better? i know england have abortion but i cant remember if the north have it?


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