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05 January 2018 / Michael L Nash
Issue: 7775 / Categories: Features , Brexit , Constitutional law
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Goodbye, hello: an Irish option?

Michael L Nash explores Ireland’s departure from, & possible return to, the Commonwealth

Crises always create opportunities, and the Irish question at the moment, having reached a critical phase, presents just such an opportunity. As Brexit signals one exit, so it may herald another entrance, or re-entrance, of Southern Ireland to the Commonwealth, rising phoenix-like from the ashes of distrust and dispute.

Common history

Membership of any organisation always presents advantages and possibly some disadvantages, as the referendum on membership of the EU shows only too clearly. Membership of the Commonwealth presented just the very same faces to the emerging Irish state between 1920 and 1950, and having been granted Dominion status, it eventually left the Commonwealth under partly unexplained circumstances in 1949.

The Government of Ireland Act 1920 effectively divided Ireland into two, and the Articles of Agreement for the creation of the Irish Free State in 1921 were not to apply to Northern Ireland, but this was never meant to be permanent. It seemed to be the solution at the time to an ending of ferocious partisanship on

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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