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"Gratefully remembering their
heroic and unremitting struggle (1169 - 1921 AD) 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." |
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The
above text is from the Preamble of "Bunreacht na hEireann" (The
Constitution of the Republic of
Ireland). |
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============================
Try Number
Two
by W.
Finnerty. Thu Aug 30, 2007 18:21 It seems to
me there was a desperate need (in terms of the "
common good"
mentioned in the Preamble of our Constitution) for a new challenge in the
Republic of Ireland's courts regarding the
Hill of Tara / PPP M3 Toll
Road issue; and, like a great many other people I suspect, I'm really
pleased to see it's now actually happening. Many thanks to all
involved.
Not knowing anything of this new challenge at the time, I
sent a letter through the registered post to our
Chief Justice John L.
Murray last Tuesday. Among other things, it outlines a number of very
strange aspects of this particular PPP (Public Private Partnership) toll road
project: among them the fact that our
National Monuments (Amendment) Act
2004, which is being used to drive the project forward, is in all
probability
UNCONSTITUTIONAL (and consequently
unlawful).
In support of this view, and as some readers
will already know, the following statement emerged from one of Mr Murray's
judicial colleagues around the time of the
EUROS 600,000 High
Court challenge in 2006: "
Justice Laffoy (High Court
Judge) had stated in her High Court opinion that there was in fact a
'
constitutional imperative' to protect these assets (in the Hill of Tara
area)".
In spite of the huge expenditure involved in the 2006
challenge, of both time and money, it appears that no useful progress at all was
made regarding the crucially important matter of determining whether or not our
National Monuments (Amendment) Act 2004 is in fact constitutional.
I
sincerely hope this second try will not leave any such doubts
remaining.
Breaking European Union law is bad enough, but
violating Bunreacht na hEireann (Constitution of the Republic of Ireland) is
much, much worse in my view. Not only does unconstitutional legislation
undermine our Constitution, but it also of course undermines the sovereignty of
the Republic of Ireland as an independent nation state: the
ONLY fully independent Celtic nation state in the world as
far as I know.
For anybody interested, a
scanned copy of the
registered letter I sent to Chief Justice Murray last Tuesday (i.e. August
28th 2007), together with a copy of the associated Post Office receipt, can be
viewed at
http://www.europeancourtofhumanrightswilliamfinnerty.com/ChiefJusticeMurray/28August2007/Letter.htm
.
Page
1 (of the four-page letter to Chief Justice
Murray at the above address) is largely taken up with the truly amazing and
growing array of
unresolved legal problems I have been saddled with as a
direct result of attempting to challenge the constitutionality of our "
Waste
Management (Amendment) Act 2001" (which I believe is almost certainly
unconstitutional as well), during the run-up to the General Election in May
2002. The several "extremely serious"
Hill of Tara
issues (as I see them) appear on pages
3 and
4.
According to the Post Office's Internet "
Track
& Trace" Service, the above mentioned letter to Chief Justice Murray was
successfully delivered yesterday morning (i.e. August 29th
2007).
Related Link: http://www.kingollamhfodhla.com
.
============================
The
above text has been copied from the following
Indymedia (Ireland)
location:
http://www.indymedia.ie/article/83999&comment_limit=0&condense_comments=false#comment205844
.
A
BACKUP copy of the above
Indymedia
(Ireland) article has been placed at:
http://www.constitutionofireland.com/IndyMediaIrelandBACKUP/30August2007/Article83999.htm#comment205844
.
===============
For
future reference
purposes a copy of this e-mail will later today be placed at the following
Internet location:
http://www.europeancourtofhumanrightswilliamfinnerty.com/ChiefJusticeMurray/31August2007/Email.htm .
======
with unlimited storage.