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Ireland Act 1949 |
The Ireland Act 1949 is a British Act of Parliament which was intended to deal with the consequences of the Republic of Ireland Act 1948 as passed by the Irish parliament (Oireachtas). British nationality law is the law of the United Kingdom concerning Citizenship and other categories of British Nationality. This article concerns the history of British nationality law. Australian nationality law is based primarily on the principle of Jus soli. Barbados achieved Independence from the United Kingdom in 1966 as a Commonwealth with HM the Queen Elizabeth II remaining the head of state Canadian citizenship is typically obtained by birth in Canada or birth abroad when at least one parent is a Canadian citizen or by adoption abroad by at least one Canadian citizen Canada was the second nation in the then British Commonwealth to establish its own nationality law in 1946, with the enactment of the Canadian Citizenship Act 1946 Indian citizenship and nationality law: The Constitution of India provides for a single citizenship for the entire country To become a Citizen of Malaysia, a person must meet the requirements of the Malaysia Citizenship Rules 1964. Maltese nationality law is based primarily on the principles of Jus sanguinis, although prior to 1 August 1989 the principle of Jus soli New Zealand citizenship was created on 1 January, 1949, by the British Nationality and New Zealand Citizenship Act 1948. Samoa has been an independent sovereign State since 1962. Prior to that, it was administered by New Zealand. Singaporean nationality law is derived from the Constitution of Singapore and is based on Jus sanguinis and a modified form of Jus soli South Africa rewrote its Nationality law since the end of Apartheid in 1994 and the establishment of majority rule in the country under the African National Congress Nationality and citizenship in the Kingdom of Tonga are currently defined and regulated by the Nationality (Amendment Act 2007. This article concerns British nationality law in respect of citizens of what is now the independent state of Ireland, which was known in the United British nationality law is the law of the United Kingdom concerning Citizenship and other categories of British Nationality. In British nationality law, the term British subject has at different times had different meanings The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory. In British nationality law, the status of British Overseas citizen (BOC is one of several categories of British national British nationality law as it pertains to Hong Kong has been a unique situation ever since Hong Kong was created a British colony in 1842 The status of British protected person (BPP is a status held by certain persons under the British Nationality Act 1981. A Commonwealth citizen, formerly known as a British subject, is generally a person who is a national of any country within the Commonwealth of Nations. Right of abode is a status under United Kingdom immigration laws that gives an unrestricted right to live in the United Kingdom Indefinite leave to remain ( ILR) is an immigration status granted to a person who does not hold right of abode in the United Kingdom, but who has been admitted Australian permanent residents are residents of Australia who hold permanent residency visas but are not citizens of the Commonwealth of A Permanent Resident in Canada is someone who is not a Canadian citizen but who has been granted permission to live and work in Canada without any time Belonger status is a legal classification normally associated with British overseas territories. A UK Ancestry Entry Clearance often referred to as an "Ancestry Visa" is a United Kingdom Entry Clearance for Commonwealth citizens with a grandparent born The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British Nationality. The British Nationality (Falkland Islands Act 1983 (1983 c 6 was an Act of Parliament passed by the British Parliament, which came into force on January The British Overseas Territories Act 2002 (2002 c 8 is an Act of Parliament passed in the United Kingdom in 2002 which superseded parts of the British Nationality The Canadian Citizenship Act is an Act of the Parliament of Canada, which came into effect on January 1, 1947, recognizing the definition The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. The Republic of Ireland Act 1948 is an Act of the Oireachtas whose primary provisions were to declare that the state Ireland, is a Republic and that the President Events January 8 - The Council of State meets for the first time when President Douglas Hyde test the constitutionality of the Offences Against Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. The Oireachtas (ɛrʲaxt̪ˠasˠ is the "national parliament" or Legislature of Ireland, sometimes referred to as Oireachtas Éireann. The Act is still largely in force but has been amended.
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Background
Following the secession of most of Ireland from the United Kingdom in 1922, the then created Irish Free State remained a dominion of the British Empire and thus its people remained as British subjects with the right to live and work in the United Kingdom and elsewhere in the Empire. The Republic of Ireland Act 1948 is an Act of the Oireachtas whose primary provisions were to declare that the state Ireland, is a Republic and that the President The Irish Free State (Saorstát Éireann (1922&ndash1937 was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by The British monarch, as King of Ireland, continued to be head of state, but by the 1936, systematic attempts to remove references to the monarch from Irish constitutional law meant that the only function remaining to the crown were:
- sign Letters of Credence accrediting Irish ambassadors to other states; and
- sign international treaties on Ireland's behalf. TalkCommonewalth realm.--> The monarchy The designation King of Ireland (Rí na hÉireann and Queen (regnant of Ireland was used during three periods of Irish history.
This status quo remained, with Ireland participating little in the British Commonwealth and Eamon de Valera remarking in 1945 that "we are a republic" in reply to the question if he planned to declare Ireland as a republic. Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. Éamon de Valera (ˈeɪmən dɛvəˈlɛrə (born Edward George de Valera) (14 October 1882 &ndash 29 August 1975 was one of the dominant political figures in 20th century Then unexpectedly in 1948, during a visit to Canada, Taoiseach John A. Costello announced that Ireland was to be declared a republic. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The Taoiseach (ˈtiːʃəx in English t̪ˠiːʃʲəx (plural Taoisigh ( or) in Irish) also referred to as An Taoiseach ( t̪ˠiːʃʲəx is the the For other persons named John Costello see John Costello John Aloysius Costello (Seán A The spur for this sudden and unexpected declaration was a reported diplomatic spat involving symbols of British rule Ireland and a break from agreed protocol regarding toasts to the king (which Canada and Ireland shared). The Act that followed, on Costello's return to Ireland abolished the last remaining functions of the King in relation to Ireland and provided that the President of Ireland may instead exercise these functions in the King's place. The President of Ireland (Uachtarán na hÉireann n̪ˠə ˈheːɾʲən̪ˠ is the Head of state of Ireland. This effectively removed Ireland from the realm of British crown causing uncertainty with regard Northern Ireland (which fell under the same realm as the King of Ireland) and removing Irish men and women as subjects of the British monarch and thus their right to live and work in the United Kingdom.
Provisions
The main provision of the British Parliament's Ireland Act 1949 was the acceptance that the declaration of a Republic of Ireland had meant that that state had "ceased to be part. Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. . . of His Majesty's dominions" and thereby left the Commonwealth of Nations. However the Act also declared that the Republic of Ireland was "not a foreign country for the purposes of any law" in the United Kingdom and its territories. An additional provision stated that the term "Republic of Ireland" could be substituted for "Eire"(sic) in the UK. Éire (ˈeːrʲə) is the Irish name for the island of Ireland and of the state of the same name. These provisions still have the force of law. Details, section 3(3)
The Act also clarified the status of Northern Ireland within the United Kingdom, giving a statutory guarantee that Northern Ireland (including every part of it) would remain part of the United Kingdom so long as the Parliament of Northern Ireland so desired. Northern Ireland (Tuaisceart Éireann Ulster Scots: Norlin Airlann) is a Country within the United Kingdom, lying in the northeast of The Parliament of Northern Ireland was the home rule Legislature of Northern Ireland, created under the Government of Ireland Act 1920, This was the first such legal guarantee given to the region.
Effects
The main reason for the Ireland Act was that as the Republic of Ireland had broken all constitutional links with the Crown it was necessary to ensure, from a British perspective, that the citizens of Ireland did not lose certain rights within the UK; other indirect results are that Irish citizens resident in the UK retained the right to vote in all elections and to stand as candidates and can hold certain public offices in which citizenship rules apply including the judiciary and police. Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force Post-World War II reconstruction in Britain relied on Irish, and other Commonwealth citizens, contributing to the economic reconstruction and placing any barriers to immigration at this time was not a business or political option. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located
The Act also created outrage in the Republic of Ireland, as its Northern Ireland provisions gave that region a status which it previously did not have. Because Northern Ireland had a unionist majority, the guarantee that Northern Ireland would remain part of the UK unless the Belfast parliament resolved otherwise copper-fastened the so-called "unionist veto" in British law. The Irish parliament called for a Protest Against Partition as a result. This was the first and last cross-party declaration against partition by the Irish parliament. The Partition of Ireland took place on 3 May 1921 under the Government of Ireland Act 1920. The revival of the Irish Republican Army in the early 1950s has been attributed by Irish historian Tim Pat Coogan to the strength of popular feeling among nationalists on both sides of the border against the Act. The Irish Republican Army ( IRA) (Óglaigh na hÉireann was a military organisation descended from the Irish Volunteers, established 25 November 1913 and who Timothy Patrick Coogan (born 1935 is an Irish Historian, broadcaster and newspaper columnist
Citizenship of the UK & Colonies
In general, a person born in what was Southern Ireland while it was part of the United Kingdom before 6 December 1922 was not granted Citizenship of the UK & Colonies by the British Nationality Act 1948 unless such a person had a UK & Colonies born father (based on 1949 frontiers). This is a list of Acts of Parliament of the English Parliament during that body's existence prior to the Act of Union of 1707 This is a list of Acts of Parliament of the English Parliament during that body's existence prior to the Act of Union of 1707 This is a list of Ordinances and Acts of the Parliament of England from 1642 to 1660, during the English Civil War and the Interregnum. This is a list of Acts of Parliament of the English Parliament during that body's existence prior to the Act of Union of 1707 This is a list of Acts of Parliament of the English Parliament during that body's existence prior to the Act of Union of 1707 List of Acts of the Scottish Parliament to 1707 is a list of Acts of Parliament of the Parliament of Scotland. This is an incomplete list of Acts of the Parliament of Ireland for the years up to 1700. This is an incomplete list of Acts of the Parliament of Ireland for the years 1701 to 1800. This is an incomplete list of Acts of the Parliament of Great Britain for the years 1707-1719 This is an incomplete list of Acts of the Parliament of Great Britain for the years 1720-1739 This is an incomplete list of Acts of the Parliament of Great Britain for the years 1740-1759 This is an incomplete list of Acts of the Parliament of Great Britain for the years 1760-1779 This is an incomplete list of Acts of the Parliament of Great Britain for the years 1780-1800 This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1801-1819 This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1820-1839 This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1840-1859 This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1860-1879 This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1880-1899 This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1900-1919 This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1920-1939 This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1940-1959 This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1960-1979 This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1980-1999 This is a list of Acts of the Parliament of the United Kingdom for the years 2000 to the present "Acts of the Scottish Parliament" redirects here For pre-Union acts see List of Acts of the Scottish Parliament to 1707. This is a list of Acts of the Parliament of Northern Ireland, from its first session in 1921 to suspension in 1972. This is a list of Acts of the Northern Ireland Assembly passed by that body from its establishment in 2000 until its suspension in 2002 and from its re-establishment in |align=left| Contemporary Welsh Law English Law Courts of England and Wales ---- National Assembly The is a list of Orders in Council for Northern Ireland which are Primary legislation for the province when it is being directly ruled from London and also for A Statutory Instrument ( SI) is the principal form in which delegated or Secondary legislation is made in Great Britain. This article concerns British nationality law in respect of citizens of what is now the independent state of Ireland, which was known in the United Southern Ireland (Deisceart Éireann was the short lived autonomous region (or Constituent country) of the United Kingdom established on 3 May The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located
In order to acquire Citizenship of the UK and Colonies such persons were expected to reside in the United Kingdom or a Crown Colony and acquire UK citizenship by registration or declaration. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The British Overseas Territories are fourteen territories that are under the Sovereignty of the United Kingdom, but which do not form part of the United Kingdom
Section 5 of the Ireland Act provided for acquisition of UK citizenship upon some British subjects who had left what became the Republic of Ireland before it ceased to be part of the United Kingdom. In British nationality law, the term British subject has at different times had different meanings Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. Such persons generally became British citizens on 1 January 1983. See History of British nationality law
Persons not qualifying for this concession were nevertheless able to reclaim their British subject status under section 2 of the 1948 Act. This article concerns the history of British nationality law. In British nationality law, the term British subject has at different times had different meanings This was later re-enacted as section 31 of the British Nationality Act 1981 and remains in effect as of 2006. The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British Nationality.
External links
- Partly innacurate scanned copy of the Ireland Act as originally enacted in 1949
- Partial text of the Act, incorporating amendments to late 2004
- Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database
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