II. Legal framework and key documents
Before proceeding to a brief description of the major documents that are relevant to the issue, it would be necessary to underline the fact that there is no written constitution of the United Kingdom. Constitution acts (and some other statutes and treaties) form the core of the British constitutional law system instead.
UN Charter6. Special attention is to be paid to Article 1, Part 2 of the document, especially the following wording: «…respect for the principle of equal rights and self-determination of peoples…» At the same time, Article 2, Part 4 urges the Members to respect sovereignty, territorial integrity and political independence of other member states.
Anglo-Irish Treaty 19217. It was signed on December 6, 1921 between the UK Government and the representatives of Ireland. The document made it possible for the Ireland to form the Free Irish State (with the exception of Northern Ireland that examined its right to withdraw from it and reunite with the United Kingdom. It was followed by the Irish Free State Constitution Act 19228.
Northern Ireland Constitution Act 19739. It abolished Parliament of Northern Ireland and devolved (i.e. transferred) the governance in some spheres to the local authorities, having also established Northern Ireland Assembly.
Belfast Agreement 199810. The act represents current system of devolution inherent to Northern Ireland. The relationship between Northern Ireland and the UK as well as relations between Ireland and Northern Ireland are also subject to this treaty.
III. Recent developments
The process of devolution as well as demographics (Catholic population steadily increased over the last few decades) predetermined deterioration of the situation in Northern Ireland. During the electoral campaign, the Sinn Féin party (closely linked with the IRA) used populist mottos and demands of further devolution, even up to de facto independence from the United Kingdom. Representatives of this political power were relying on the activeness of the Catholic population and Irish nationalists. After regular election to Northern Ireland Assembly Sinn Féin was officially declared the winner. Having formed a coalition with smaller parties against the unionists, this party continued to voice the ideas of independence.
Shortly after the elections, a demonstration of young people and activists gathered near the Assembly building, demanding independence from the United Kingdom. The police tried to prevent the protesters from breaking into the building but the mob responded with Molotov cocktails and stones. Several people were seriously injured in the clash. Next day, riots continued; activists of the IRA military organizations played an active part in this plot, threatening with terrorist attacks. This impelled the Assembly to initiate the process of separation from the United Kingdom and to set the date of the referendum. Ireland, in its turn, supported the separatists; according to the media, several hundred people crossed the border to join the IRA and take part in demonstrations.
As there are already several victims and IRA is reportedly determined to continue acts of violence, the United Kingdom makes a decision to address the United Nations Security Council in order to condemn the actions of Ireland and reaffirm its territorial integrity. Ireland is claiming that the people of Northern Ireland have an inalienable right to self-determination.