Unification of Ireland would necessitate a new Constitution, as suggested by Professor David Kenny, echoing the views of former Taoiseach Leo Varadkar. The current Constitution, established in 1937, fails to adequately address the complexities of unification. Kenny emphasized that even significant modifications to the existing Constitution would carry historic baggage, making a fresh start essential. He raised questions about the potential political structure of a united Ireland, including its federal or unitary nature, and pointed out that the existing legal framework does not strategically address these issues or envision a detailed path for integration.
Ruadhan Mac Cormaic questioned if a United Ireland would require tearing the current Constitution up and starting anew. Professor David Kenny supported this idea by noting former Taoiseach Leo Varadkar's suggestion that unification necessitates a new Constitution due to the limitations and symbolism of the current framework.
Professor Kenny expressed that even radical alterations to the existing Constitution would carry significant baggage because it is rooted in the current state's legacy. He stressed the importance of beginning anew for a united state, signaling a fresh start.
Kenny highlighted numerous unanswered questions regarding the structure of a united Ireland, including the potential political system and the distribution of powers. He pointed out limitations in the 1937 Constitution concerning unification, considering its naive view of Northern Ireland joining the Republic.
The 1937 Constitution's preamble aspires to national unity but does not adequately address the complexities of unification, revealing that it primarily acknowledges the potential future incorporation of Northern Ireland without detailed provisions or serious consideration.
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