Sir, - Desmond Fennell (June 11th) raises two important issues which require clarification: firstly, the legal quandary between "the State" and "the Republic"; and secondly, his assertions of disrespect among Irish journalists towards what he habitually refers to as the "Republic of Ireland".
The Constitution, enacted by the people by referendum on July 1st 1937, creates a rather complex legal and political distinction between the Nation (Article 2, and Article 3 to a lesser extent) and the State. It is generally understood that the Nation refers to ". . .the whole island of Ireland, its islands and territorial seas", whereas the State refers to the extent of the jurisdiction of the Oireachtas. Article 4 of the Constitution states that the name of the State is Ireland. Article 5 describes Ireland as an independent, democratic, sovereign state. With regard to Dr Fennell's assertion that the use of the phrase "the State" as a geographic entity is something "browbeaten, colonised and rude", it is obvious that this contention is ill founded and incorrect. Article 12.9 of the Constitution states that the President may not leave the State save with the permission of the Government. It is therefore clear that the Constitution assigns a geographic dimension to the phrase - "the State".
Nowhere in the Constitution does the word "Republic" appear. This was a deliberate omission from the text of the document for political reasons. Mr de Valera reduced the powers of the office of Governor General and conferred those powers elsewhere. However, certain external relations powers, such as the accreditation of diplomats, had to be carried out by or on the authority of the Crown: see Executive Authority (External Relations) Act 1936 (repealed by Republic of Ireland Act 1948). This, combined with the desire for national reunification, meant that the explicit declaration of a republic was very difficult. Indeed, it was not until 1948 that the phrase "Republic of Ireland" first appeared, by virtue of the Republic of Ireland Act of the same year. Section 2 of that Act declares that Republic of Ireland shall be the description of the Stale. It is therefore clear that the more correct phrase to use is "the State", as laid down in the Constitution, and the phrase "Republic of Ireland" is of only cosmetic value.
Dr Fennell also draws an analogy between our use of the phrase "the State" and other European jurisdictions' use of the phrase "the Republic" or "the federal Republic". This point can be easily explained as these other jurisdictions have explicit declarations of a republic or federal republic in their constitutions and they are merely using the correct and constitutionally permissible name of their respective states, as are the Irish journalists mentioned in Dr Fennell's letter. The majority of our journalists are not being in any manner disrespectful. I am sure that they have as much respect for this State as their continental colleagues. - Mise le meas,
Elphin,
Co. Roscommon.