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Making Meaning of the Irish constitution
3
Making Meaning of the Irish Constitution
By: Sam Richardson
The Circut of Culture
Circuit of Culture
Identity
- Created by the irish people
- Defines citizenship and rights
- Shared national identity
Identity
Signification
Signification
- Signifies fundmental rights and belifies
- Represents belifies
Consumption
Consumption
- Citizens, government officials, lawyers, judges, and legal scholars.
- defines their rights.
- Informs Lawyers, judges, and legal scholars.
- Government officials base for governement
Regulation
Regulation
- Regulatory framework for Irish laws.
- Basis for interpretation, creation of laws and structure of the government.
- represents the legal regulations of Irish society.
Production
Production
- Drafted by a committee.
- Comprised of legal scholars, politicians, and Irish citizens.
- Influenced by irish culture and society of the time(1937).
Education
Article 42
1. The State acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children.
2. Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State.
3. 1° The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.
2° The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social.
4. The State shall provide for free primary education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation.
Description
- Fundamental rights to education.
- Control of a child's education to the family.
- Children must receive an education.
- Government must supply free primary education, including moral or religious schooling.
Description
Analysis
- Importance of education and family in Irish culture.
- Influence of catholicism
- Catholic schools make up 90% of state-funded schools today.
Private Property
Article 43
1 1° The State acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods.
2° The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property.
2 1° The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice.
2° The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good.
Description
Description
- Right to own goods if they are lawful.
- Protects the rights of transferring goods.
- Powers to the state to regulate ownership for common good or social justice.
Analysis
Analysis
- Importance of private ownership of goods and the common good
- Rights to ownership of goods are only trumped by the common good.
- Influence of catholicism in shared values common good.
- The influence of capitalism
- Right to own and trade goods uninfringed.
- Corporate headquarters for Apple and Facebook.
Religion
Article 44
1 The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion.
2 1° Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.
2° The State guarantees not to endow any religion.
3° The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.
4° Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.
5° Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes.
6° The property of any religious denomination or any educational institution shall not be diverted save for necessary works of public utility and on payment of compensation.
Description
Description
- Recognizes God and public worship.
- It establishes the freedom of religious practice if it is moral and within public order.
- Government can not discriminate on religious grounds for either state school aid or religious practice.
- Gives rights to religions to manage themselves.
- Religious properties can only be used by the diverted for public utility and as payment.
Analysis
- Importance of religion, particularly catholicism
- Acknowledgment of Almighty God
- Power religions are given as entities.
- Importance of capitalism is seen by
- Religions separated state and given the right to own property.
- Only disrupted for public good or compensation.
Reflection
- Religious and market influence on the creation of the Irish constitution.
- Focused on the constitution's content and its implications for Irish culture.
- Influence of catholicism and capitalism on the Constitution and how they are present today.
- America has similar values of religion and capitalism.
- Strong cultural basis in Christian religions and capitalist ideals.
Reflection
References
References
Foundation for Catholic Values. “What Are Catholic Values?” Foundation for Catholic Values, https://www.f4cv.org/what-are-catholic-values#:~:text=Catholics%20value%20taking%20care%20of,of%20others%20before%20our%20own.
Hall, Stuart. “The Circulatory System of Culture - Wordpress.com.” The Circuit of Culture, https://culturalstudies101.files.wordpress.com/2012/09/hall-the-circuit-of-culture-ed-fink-11-11.pdf.
People. “Electronic Irish Statute Book (Eisb).” Irish Statute Book, https://www.irishstatutebook.ie/eli/cons/en/html.
Scroope, Chara. “Irish Culture - Religion.” Cultural Atlas, 2017, https://culturalatlas.sbs.com.au/irish-culture/irish-culture-religion.