Re: Irish feudal residues (was Re: Conduct)



On 13 Sep 2006 13:03:52 -0700, "barrassie"
<mckerrellofhillhouse@xxxxxxxxxxxxxx> wrote:


Don Aitken wrote:
On 12 Sep 2006 00:59:52 -0700, "barrassie"
<mckerrellofhillhouse@xxxxxxxxxxxxxx> wrote:

My understanding was that the name of the Irish State is Ireland in the
English language and Eire in the Irish language,

Correct. See the Constitution

and that The Republic
of Ireland is more a term along with Irish Republic used in the UK.

And in the Republic. "It is hereby declared that the description of
the State shall be the Republic of Ireland" (Republic of Ireland Act
1948, s.2). See http://www.irishstatutebook.ie/1948_22.html. In
practice this "description" is used as if it was a name. The
Preseident, however, is "President of Ireland", not "President of the
Republic".

This is very interesting the name of the State is Ireland in the
English language or Eire Iin the Irish article 4 of the Constitution, I
see no change made in the Constitution to change the name of the State
to the Republic of Ireland.

There has been none.

I note that the name of the State was
changed after the end of the Irish Free State or Saorstat Eireann in
the Irish to Ireland or Eire in 1937. The Republic of Ireland Act I had
previously thought was the name of the Act of Parliament passed in the
Brittish Houses of Parliament.

That was the Ireland Act 1949, passed as a response to the Irish
legislation. See
http://www.uniset.ca/naty/maternity/irelandact1949.htm
The British legistators seem to have missed the subtlety involved,
since that Act refers to "the name attributed thereto by the law
thereof, that is to say, as the Republic of Ireland"

I now read with interest that the Dail
passed an Act of apparently the same name in English stating the name
of the State to be the Republic of Ireland, but the Constitution of
Ireland (the Irish State) does not appear to be changed, I believe that
this was deliberate, I seem to remember a complaint by the UK that the
Irish State should not be naming itself Ireland internationaly as the
legal name of the State. Embassies are not of the Republic of Ireland
but of Ireland or the equivalent in Irish, unfortunately I am not a
gaelic or Irish speaker to my regret. I believe that the Dail paid lip
service to the UK 1948 Republic of Ireland Act, but did not ammend the
Constitution, I trawled down the amendments without finding one,
therefore the legal name in my opinion is Iireland or Eire depending on
language.

I don't think there is any doubt about this.

I would be most interested in an Irish lawyer's reply coming
from the Irish State.
I quite understand Sean Murphy's use of the word Republic, I use the
term State as an ajective and not as the name of the State, since I
think that the desription Irish State is clear.
Charles McKerrell of Hillhouse
PS Just noticed the wording 'the description of the State' not the name
as a fact it is the Republic of Ireland but that is not its name. In my
opinion I think that those members of the Dail were very careful of the
words they used. They did not say name, desription is something
completely different.

Not "completely" different, perhaps, since it follows that the State
may properly be so described. "Irish Republic", although it seems to
mean the same thing, is regarded as incorrect. The practice as to
diplomatic credentials is that they are accepted if addressed to
"Ireland", or to "The Republic of Ireland", or to "The President of
Ireland", or to the President by name, but not if addressed to "The
Irish Republic".

--
Don Aitken
Mail to the From: address is not read.
To email me, substitute "clara.co.uk" for "freeuk.com"
.



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