Pius XII praised 'liberal' Irish Constitution

[Padua_Minded]

Article 44 of the Irish Constitution, 1937

* Section 2: The State recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great majority of the citizens.

* Section 3: The State also recognises the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, as well as the Jewish Congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution.

"Before considering the case law on the issue, it is necessary to examine the Irish Constitution and to evaluate whether it contains ideas of natural law. During the drafting of the constitution, Eamon De Valera “went out of his way to secure the approval of the Holy See. While Pope Pius XI did not grant this, several years later, Pius XII “praised the Bunreacht Na hÉireann (the Irish Constitution) for its foundation in natural law.”

64.233.167.104/search?q=cache:vVfsvqkqRJAJ:www.nuigalway.ie/law/GSLR/2003/GSLR%2520complete.pdf+%22irish+constitution%22+%22pius+XII+praised%22±wikipedia&hl=en&ct=clnk&cd=2&gl=us

 

[JuanCarlos]

Article 44 of the Irish Constitution, 1937

* Section 2: The State recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great majority of the citizens.

* Section 3: The State also recognises the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, as well as the Jewish Congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution.

"Before considering the case law on the issue, it is necessary to examine the Irish Constitution and to evaluate whether it contains ideas of natural law. During the drafting of the constitution, Eamon De Valera “went out of his way to secure the approval of the Holy See. While Pope Pius XI did not grant this, several years later, Pius XII “praised the Bunreacht Na hÉireann (the Irish Constitution) for its foundation in natural law.”

64.233.167.104/search?q=cache:vVfsvqkqRJAJ:www.nuigalway.ie/law/GSLR/2003/GSLR%2520complete.pdf+%22irish+constitution%22+%22pius+XII+praised%22±wikipedia&hl=en&ct=clnk&cd=2&gl=us

The constitution calls Catholicism the “Guardian of the Faith” and it gets its own section. The other religions are merely"recognized" and lumped together. This can still be seen as a reflection of traditional opinions on Church and State

 

[Padua_Minded]

The constitution calls Catholicism the “Guardian of the Faith”

It recognized the Church as “guardian of the Faith professed by the great majority of the citizens”. BIG DIFFERENCE! It never said that Catholicism was actually the true religion.

The ‘special recognition’ gave the Church no real special legal status. Protestant churches were not only given religious liberty but recognized in the Constitution, and consulted with in the drafting of legislation. It is a far cry from the Lefebvrite conception of Church-state relations.

 

[PrayforMallory]

It recognized the Church as “guardian of the Faith professed by the great majority of the citizens”. BIG DIFFERENCE! It never said that Catholicism was actually the true religion.

The ‘special recognition’ gave the Church no real special legal status. Protestant churches were not only given religious liberty but recognized in the Constitution, and consulted with in the drafting of legislation. It is a far cry from the Lefebvrite conception of Church-state relations.

What we need to do is make sure everyone knows that they don’t have to convert to Catholicism, that the state doesn’t have to acknowledge the Church, etc.

Like in the new conception of Church-state relations.

There’s a difference between religious “Liberty” and the idea of religious “Tolerance,” as stated by Card Ottaviani.

 

[Cathryn]

The Irish Constitution is a beautiful tribute to the Holy Trinity and the Catholic faith while recognizing the rights of other faiths to exist in peace.

CONSTITUTION OF IRELAND:

In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred,
We, the people of Éire,
Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial,
Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,
And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
Do hereby adopt, enact, and give to ourselves this Constitution.

 

[Padua_Minded]

The Irish Constitution is a beautiful tribute to the Holy Trinity and the Catholic faith.

That is a quote from the preamble to the constitution, not the text of actual constitution itself. It does not establish, or even refer to, the Catholic Church. The Irish Supreme Court has already established that the preamble holds no sway over legislative decisions (cf Norris Vs Ireland), nor was it ever intended to. The reference itself was a sop to John Charles Mc Quaid but Eamon De Valera deliberately left the reference in the preamble and not the constitution, conscious of the views of Irish Protestants.

 

[Cathryn]

That is a quote from the preamble to the constitution, not the text of actual constitution itself. It does not establish, or even refer to, the Catholic Church. The Irish Supreme Court has already established that the preamble holds no sway over legislative decisions (cf Norris Vs Ireland), nor was it ever intended to. The reference itself was a sop to John Charles Mc Quaid but Eamon De Valera deliberately left the reference in the preamble and not the constitution, conscious of the views of Irish Protestants.

I should have said that to me the Irish Constitution including the preamble is a tribute to the Holy Trinity and the Catholic Church.
I was so impressed with the whole Constitution including the preamble that I decided to go ahead with getting my Irish citizenship, so that I now have dual US/ Irish citizenship. I also love the Irish flag with the white standing for the peace between the Catholics(green) closest to the flagpost, and Protestants (orange).