Articles 2 and 3 of the Constitution of Ireland

Article 2 and Article 3 of the Constitution of Ireland (Bunreacht na hÉireann) were adopted with the constitution as a whole on 29 December 1937, but completely revised by means of the Nineteenth Amendment which took effect on 2 December 1999. As amended they grant the right to be "part of the Irish Nation" to all of those born on the island of Ireland and express a desire for the peaceful political unification of the island subject to the consent of the peoples of Northern Ireland and Ireland. Before 1999, Articles 2 and 3 made the claim that the whole island formed one "national territory".

The Irish Government was bound by the terms of the 1998 Good Friday (Belfast) Agreement to submit Articles 2 and 3 to amendment by referendum. To this end, the Nineteenth Amendment of the Constitution was adopted in June of the same year by 94% of those voting. The new wording describes the Irish nation as a community of individuals with a common identity rather than as a territory, and is intended to reassure unionists that a united Ireland will not come about without a majority of the Northern Ireland electorate declaring in favour of such a move.

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

As amended, Article 2 provides that everyone born on the island of Ireland has the right to be a part of the 'Irish Nation'. The apparent intention is partly to allow the people of Northern Ireland, if they wish, to feel included in the 'nation' without making what might be perceived as a revanchist claim. However, it has been argued that "the new Article 2 of the Irish constitution gave northern nationalists nothing". After all, Article 9 of the Constitution of Ireland governs Irish citizenship. It provides that the "future loss and acquisition of Irish nationality and citizenship shall be determined in accordance with law". Since it was further amended in 2004, Article 9 now also provides that "[n]otwithstanding any other provision of this Constitution, a person born in the island of Ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law." Citizenship rights created by Article 2 of the Constitution have therefore since been severely diluted. All of this cuts across what, on an isolated reading of Article 2, might suggest that Article 2 confers the right to citizenship on all persons born in Northern Ireland.

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