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Key
Constitutional Provisions Essential to a Reunited Ireland
Introduction
The constitution embodies the system of beliefs and laws that forms
the basis for defining, controlling and safeguarding the nation and
its institutions. It
protects individual rights and liberties and
puts the levers of governmental powers in the hands of the citizens.
It is the supreme law of the land, the guardrails that all must
abide by.
Preamble
The preamble shall set forth the intentions of the framers in
establishing the constitution for a reunited Ireland. In itself, the
preamble will not define government powers or individual rights. Its
sole purpose will be to introduce the people to the constitution. It
shall identify the constitution’s defining principles which will be
rooted in humanity, democracy, and the rule of law.
Body of the Constitution
Supremacy Clause
Constitutional supremacy is the principle that states that the
constitution reigns supreme above parliamentary prerogatives,
statutes, or overreach. It also means that every individual, whether
private citizen or government official, must abide by and bear
allegiance to the constitution.
Office
of the President
The constitution shall define the role of the President in a
reunited Federal Irish Republic. In addition to the Presidents role
as head of state and supreme
commander of the Republics
defense forces,
the President will also chair the Council of State.
The
constitution will also define a presidential candidate’s eligibility
and qualifications for office, how elected, duration and term(s) of
office.
Council
of State
The
Council of State will be responsible for advising the President,
safeguarding the constitution and adjudicating national/regional
governmental jurisdictional conflicts. The council shall consist of
twelve members, three from each regional government and three from
the national government.
Charter
of Rights
A
Charter of Rights will safeguard the fundamental dignity and
importance of the individual. It will safeguard the right to life,
liberty, and security of person. It will also safeguard other
rights including but not limited to citizenship rights, civil
rights, property rights, voting rights, freedom of expression, and
equal protection under the law. The constitution shall guarantee
universal health care as a fundamental right.
Government Structures
The new
government structures will be delineated in the constitution.
The reunited Ireland envisioned will be an all-Ireland
Federal Parliamentary Republic comprised of three distinct regions
namely, 1) the
Ulster Region
encompassing the nine counties of Ulster, 2) the Munster/Connacht
Region encompassing the eleven counties of Munster and Connacht, and
3) the Leinster Region encompassing the twelve counties of
Leinster.
The
union of Connacht and Munster into a single region would
lend economic equity and political balance to what would be
lacking in a standalone Connacht and to a lesser extent, in
a standalone Munster.
Government Powers
The constitution will delineate the division of government
powers between the national and regional governments. Generally,
powers reserved for the national government will be those that
blanket the nation as a whole to protect its people, security,
independence and territorial integrity as well as effectively
representing the nation on the world stage. By the same token,
powers reserved for regional governments will be those best
exercised at the regional level when the outcome will directly
affect the people of the region. Local authorities will derive
their devolved powers from their respective regional government.
Constituencies and Electoral Regions
The
division of government powers between the national and regional
governments will necessitate a redo of
national and regional constituencies and the number of voters per
constituency. As the scope of the national government
responsibilities will decrease, the number of elected
representatives will decrease accordingly. The number of regional
level representatives will be based on municipal districts or a
multiple thereof. Representatives to local and city councils will
continue to utilize the existing system.
Separation of Church and State
A
Separation of Church and State clause will prevent the government
from regulating religious institutions or supporting, promoting, or
granting special status to any religion over another or to any
individual over another because of religious beliefs or
affiliations. It will safeguard an individual's right to hold any or
no religious belief without prejudice in either the public or
private arena. It would also guarantee that religious morality is
not legislated to the detriment of nonconformists or others with
differing values.
Independent Judicial System
The
independence of the judiciary is a sacrosanct constitutional right.
As guardian of the
constitution, the Judiciary will be independent of and free from
improper influence by other branches of government and/or from
private or partisan interests. To that end, the process of selecting
candidates for judgeships will be rigorous, and independent of
political influence. It will be solely based on a candidate’s
qualifications, ethics, independence and legal skills. Judges who
do not fulfill their duties as set forth in the constitution will be
removed in accordance with constitutionally proscribed procedures to
protect the integrity of the institution.
Election
Integrity
The
integrity of elections will be protected from undue influence by
political parties, illicit financing, gerrymandering, threats etc.
In order to do so, the constitution will set the framework for how
elections are organized and conducted, how political campaigns are
funded, voting requirements and accessibility, vote counting and
election verification procedures.
Political Parties
Political parties can be freely established in accordance with
universally established democratic principles.
Any
political party that threatens the democratic order or endangers the
existence of the Federal Irish Republic will be referred to the
Council of State to determine if the party is in violation of the
constitution, and if found to be so, disbarred.
Parties
shall account annually for their funds, sources of income and all
assets.
Freedom
of Information
A
Freedom of Information clause will ensure that government officials
conduct the affairs of state for the common good in accordance with
democratic norms. Unencumbered access to official government
information is essential to allow the people to make informed
decisions regarding which government policies to support or oppose
or how to cast one’s vote. It also guards against government
corruption or undue influence on government officials by corporate
lobbyists or wealthy individuals.
Amending the Constitution
As the constitution is the supreme law of the land it’s essential
that amendments be rigorous requiring considerable effort and
national support. Therefore, the requirements for amending the
constitution must be deliberate and process-driven to guard against
populist demands or crises that may be imagined, manufactured or
transient in nature. The following fundamental elements shall not
be the object of an amendment.
1. The supremacy of the constitution.
2. The integrity of national territory
3. The Republican form of government
TMMTP
Date posted 8/6/2022
Updated
10/22/2023
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