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UBC Theses and Dissertations
Changed utterly? continuity and change in the regulation of Irish identities McNamee, Ciaran
Abstract
The Supreme Court decision of A.O. & D.L. v. Minister for Justice [Lobe] and the Irish Citizenship Referendum of 2004 had the cumulative effect of restricting both the rights associated with Irish citizenship and the class of persons entitled to possess it. This thesis considers the dynamics underpinning those restrictions. The history of the regulation of Irish identities is not simply a story of ever tightening border controls. The Nineteenth Amendment to the Constitution of Ireland in 1998 seemingly widened the class of person entitled to call themselves Irish. Moreover, the Republic of Ireland's membership of the European Union has reduced the state's ability to exercise control over its borders and narrowed the distinction between Irish citizens and those of other EU countries. I argue that recent developments in the regulation of Irish identities demonstrate the Janus-like nature of modern law. Accepting the arguments advanced in Lobe and the Citizenship Referendum necessitates the embrace of contradiction, not rationality. They illustrate both continuity and change in the conception of what it means to be Irish. Measures to reduce perceived "abuse" of Irish citizenship seek to preserve a particular concept of Irishness and yet simultaneously serve to transform it. However, with its adherence to the creed of modernity - reason, objectivity, and the rejection of ambiguity - modern law cannot acknowledge these tensions.
Item Metadata
Title |
Changed utterly? continuity and change in the regulation of Irish identities
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Creator | |
Publisher |
University of British Columbia
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Date Issued |
2006
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Description |
The Supreme Court decision of A.O. & D.L. v. Minister for Justice [Lobe] and the
Irish Citizenship Referendum of 2004 had the cumulative effect of restricting both the
rights associated with Irish citizenship and the class of persons entitled to possess it.
This thesis considers the dynamics underpinning those restrictions.
The history of the regulation of Irish identities is not simply a story of ever tightening
border controls. The Nineteenth Amendment to the Constitution of Ireland in 1998
seemingly widened the class of person entitled to call themselves Irish. Moreover,
the Republic of Ireland's membership of the European Union has reduced the state's
ability to exercise control over its borders and narrowed the distinction between Irish
citizens and those of other EU countries.
I argue that recent developments in the regulation of Irish identities demonstrate the
Janus-like nature of modern law. Accepting the arguments advanced in Lobe and the
Citizenship Referendum necessitates the embrace of contradiction, not rationality.
They illustrate both continuity and change in the conception of what it means to be
Irish. Measures to reduce perceived "abuse" of Irish citizenship seek to preserve a
particular concept of Irishness and yet simultaneously serve to transform it.
However, with its adherence to the creed of modernity - reason, objectivity, and the
rejection of ambiguity - modern law cannot acknowledge these tensions.
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Genre | |
Type | |
Language |
eng
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Date Available |
2011-03-04
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Provider |
Vancouver : University of British Columbia Library
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Rights |
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
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DOI |
10.14288/1.0077731
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URI | |
Degree | |
Program | |
Affiliation | |
Degree Grantor |
University of British Columbia
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Campus | |
Scholarly Level |
Graduate
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Aggregated Source Repository |
DSpace
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Item Media
Item Citations and Data
Rights
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.