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Article 34.5. of "Bunreacht na hEireann" (Constitution of the Republic of Ireland)
by W. Finnerty. Mon Sep 03, 2007 15:10
A written reply has been received from the Private Secretary to Chief Justice John L. Murray to the letter mentioned in the Thu Aug 30, 2007 18:21 slot above. (For anybody interested, a scanned copy of the reply can be seen at http://www.europeancourtofhumanrightswilliamfinnerty.com/ChiefJusticeMurray/Reply/29August2007/Letter.htm .)
Allowing for this "written confirmation of receipt" from Ms Carol Kelly to my letter to Justice Murray dated August 28th 2007, and with Article 34.5 of Bunreacht na hEireann (the Constitution of the Republic of Ireland) in mind, my hope now is that Chief Justice Murray, and all of his several colleagues in the judiciary, will give some VERY serious consideration to the general matter of unconstitutional legislation, and to our National Monuments (Amendment) Act 2004 in particular.
In addition to the above mentioned "Constitutional" comment made by High Court Judge Ms Laffoy, in the "Thu Aug 30, 2007 18:21" posting above, regarding the protection of ancient heritage sites in the Hill of Tara area, and as some readers will already know, there is also the important matter of the following view expressed in the January 14th 2006 Daily Telegraph article by constitutional law expert Dr Gerard Hogan, Fellow of Trinity College Dublin:
"Gerry Hogan, senior counsel for Mr Salafia, claimed the legislation used to push through the project was unconstitutional. He said the National Monuments (Amendment) Act 2004 weakened the role of the Oireachtas (Ireland's national parliament) by giving the minister discretionary powers to determine the fate of the country's heritage. Mr Hogan claimed the state's duty to protect monuments had been 'seriously compromised' ". (Additional background information on this comment can be found at http://www.indymedia.ie/article/83611#comment203109 .)
The Constitutional "DECLARATION" that Republic of Ireland judges are required to make (and sustain) is set out under the "Article 34.5" heading below:
Article 34.5. of the Constitution of the Republic of Ireland:
1░ Every person appointed a judge under this Constitution shall make and subscribe the following declaration:
"In the presence of Almighty God I, , do solemnly and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office of Chief Justice (or as the case may be) without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me."
2░ This declaration shall be made and subscribed by the Chief Justice in the presence of the President, and by each of the other judges of the Supreme Court, the judges of the High Court and the judges of every other Court in the presence of the Chief Justice or the senior available judge of the Supreme Court in open court.
3░ The declaration shall be made and subscribed by every judge before entering upon his duties as such judge, and in any case not later than ten days after the date of his appointment or such later date as may be determined by the President.
4░ Any judge who declines or neglects to make such declaration as aforesaid shall be deemed to have vacated his office.
I would like to end this posting by expressing the view that, generally speaking, the legal profession in the Republic of Ireland has not been paying nearly enough attention to Article 34.5 of our Constitution during recent years; and, that I (for one) find this EXTREMELY disturbing: for SEVERAL reasons - some of which are related in the e-mail at the address provided below.
Related Link: http://www.europeancourtofhumanrightswilliamfinnerty.com/ChiefJusticeMurray/31August2007/Email.htm .
The above text has been copied from the following Indymedia (Ireland) location:
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