Deadlock or discontinuity : constitutional and legal aspects of the partition of Ireland in the light of the Good Friday Agreement

Abstract

This work examines constitutional and legal aspects of partition, in the light of historical developments since the passing of the Government of Ireland Act 1920, and in particular in the context of the Good Friday Agreement. This work addresses the position up to, and states the current law as of, 31st July 2006. A small amount of later material has been incorporated where possible. Standard legal research methodologies are employed, including drawing on the existing legal academic literature dealing with issues related to unity. The major questions posed by the study were as follows. Firstly, whether the reunification of the island of Ireland is merely "pious padding" in the Constitution - something that should be viewed as entirely a rhetorical political project, insulated from being affected by action or inaction on the legal plane. If and insofar as legal measures can be taken to strengthen the case for unity, the study would seek to identify any such measures, whether on the British or Irish side of the equation. Secondly whether there is a continuing, long-term status for the Agreement as a road map towards Irish unity. The study also examines whether the Constitution of Ireland as currently framed would require amendment in order to accommodate reunification and recognise the British identity, and how unity will pose challenges for republicans and nationalists as well as for unionism.