The Republic of Ireland Constitution was drafted and passed in 1937. Articles Two and Three of this Constitution asserted a territorial claim over the entire island, including the Six Counties of Northern Ireland. These articles proved controversial with Ulster Unionists:
“Article Two
The national territory consists of the whole island of Ireland, its islands and the territorial seas.
Article Three
Pending the re-integration of the national territory, and without prejudice to the right of the parliament and government established by this constitution to exercise jurisdiction over the whole territory, the laws enacted by the parliament shall have the like area and extent of application as the laws of Saorstát Éireann [the Irish Free State] and the like extra-territorial effect.”
In the wake of the Good Friday Agreement the Bertie Ahern-led coalition government moved to amend both articles. An amendment was endorsed by the Irish people in a May 1998 referendum and promulgated by the government in December 1999:
“Article Two
It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.
Article Three
It is the firm will of the Irish nation, in harmony and friendship, to unite all the people who share the territory of the island of Ireland, in all the diversity of their identities and traditions, recognising that a united Ireland shall be brought about only by peaceful means with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island. Until then, the laws enacted by the Parliament established by this Constitution shall have the like area and extent of application as the laws enacted by the Parliament that existed immediately before the coming into operation of this Constitution.
Institutions with executive powers and functions that are shared between those jurisdictions may be established by their respective responsible authorities for stated purposes and may exercise powers and functions in respect of all or any part of the island.”