Third Amendment of the Constitution of Ireland: Difference between revisions

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The [[European Communities Act 1972 (Ireland)|European Communities Act 1972]] was signed into law on 6 December 1972. This provided a legislative basis for the primacy and [[Direct effect of European Union law|direct effect]] of European Community law. On 1 January 1973, Ireland, Denmark and the United Kingdom [[1973 enlargement of the European Communities|became member states of the European Communities]] (Norway had rejected membership in a [[1972 Norwegian European Communities membership referendum|referendum]]).
 
Unlike in the United Kingdom where the issue of membership to the European Communities was the subject of fierce political debate for decades which would eventually lead to [[Brexit]] in 2020 whichafter woulda [[2016 United Kingdom European Union membership referendum|referendum was held in 2016]] which endended 47 years of British membership in Ireland the outcome of the referendum on the Third Amendment immediately settled the issue of Ireland’s place in Europe amongst both the Irish people and it’s politicians and in the decades that followed Irish support for continued membership would in fact continue to grow.
 
In ''[[Crotty v. An Taoiseach]]'' (1987), the [[Supreme Court of Ireland]] held that further transfer of power to the European Communities that were not in themselves necessitated by membership of the European Communities (in that instance, approval of the [[Single European Act]]) would require further amendments to the Constitution, and therefore require approval by referendum. Subsequent changes to the Treaties of the European Communities and later of the [[European Union]] have also required amendments to the Constitution, and therefore have required approval by referendum. These amendments have substantially altered the initial wording of 29.4.3º as inserted by the Third Amendment. in particular, the [[Twenty-eighth Amendment of the Constitution of Ireland]] approved in 2009, allowing the ratification of the [[Treaty of Lisbon]], created a different structure to the subsections in Article 29.4.