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was to confer, in the eyes of Irish law, citizenship on the vast majority of the Northern Ireland population".The compatibility of this innovation with international law, according to Ó Caoindealbháin was dubious, "given its attempt to regulate the citizenship of an external territory ...

No provision was made for those born after this date.

As such it was a temporary provision which required the enactment of a fully-fledged citizenship law which was done by the Irish Nationality and Citizenship Act 1935.

This Act provided for, among other things: The provision of citizenship by descent had the effect, given the interpretation noted above, of providing citizenship for those in Northern Ireland born after 6 December 1922 so long as their father had been resident anywhere in Ireland on said date.

This was because the Constitution was formally governed by the terms of the 1921 Anglo-Irish Treaty, which stated that "the powers of the Parliament and government of the Irish Free State shall not be exercisable as respects Northern Ireland" before 6 January 1923, unless in that time both the two Houses of the Parliament of Northern Ireland had exercised a right to present an address to the King that "the powers of the Parliament and Government of the Irish Free State shall no longer extend to Northern Ireland".

The two Houses exercised that right within two days of the Constitution coming into force on 6 December 1922.

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