Care to quote that section? I can't seem to find it.
Suffice to say Article 1 of the Constitution lays out the rights of the Irish Nation.
Art 2 outlines who is entitled to be part of that nation.
But its Art 3 that opens up issue of the territory of Ireland. While it does not explicitly identify the geographical area or boundary of the island, I take we can agree that it implicitly refers to the geographical location internationally recognised as Ireland in its entirety? It is does not distinguish between 26 and 32 counties.
It goes on the mention "the diversity and traditions", which to my interpretation, only reinforces the whole of island theory considering the context upon which Article 3 was derived from.
It goes on to mention "to unite all the people who share the territory of the island of Ireland". This could mean anything, its open to interpretation, but implicit in it is the will to unite the people north and south, under one united legal entity - All-Ireland if you will.
The recognition of two separate jurisdictions is explicit in Article 3 which acknowledges the British states authority today in administering the law in NI.
It entitles anyone born on the island of Ireland to be part of a notional grouping of people! No more.
Yes, and such an entitlement, as per Article 1 bestows an inalienable, indefeasible, and sovereign right upon those born anywhere on the island to be Irish.
Such rights include Irish citizenship (save the 27th amendment requiring at least one Irish parent).
That is in no way a claim on any territory.
It is not an express claim on territory as it was prior to 1998 where the State claimed to have full legal jurisdiction over the area called Northern Ireland. But by affording rights and entitlements, to anyone born in the territory of NI, to full Irish citizenship, in my view amounts to an implicit territorial claim. In other words, in the eyes of the Irish constitution, NI is not foreign territory.
In fact, the Irish Constitution makes no provision for the existence of a territory called 'Northern Ireland'. It makes provision for existence and recognition of two jurisdictions.
The existence and recognition of the authority of British jurisdiction in Ireland, in Irish law, only came into being in the British-Irish Agreement Act, 1999, following the GFA. This is distinct from the Government of Ireland Act, 1920, which is British law bestowed on the Irish people.
Following the establishment of the 26 county Republic and Bunreacht na hEireann, there was no legal recognition of the Northern Irish state. Politically, it was a different matter, but legally, Northern Ireland did not exist, nor the British government have any lawful jurisdiction in Ireland, under Irish law.
The very fact that is is called out as the 'island' of Ireland is an acknowledgement of the existence of the two separate states.
It is an acknowledgement of two separate jurisdictions, without splitting hairs, yes, two separate states, but I have already acknowledged that.