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"... NEFARIOUS methods of inducing countries to fall under their debt before stripping them of sovereignty and hollowing out their economies." | ||
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" ... and that I will UPHOLD the CONSTITUTION and the laws. May God direct and sustain me." | ||
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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
.
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The above text has been copied from the
following Indymedia (Ireland) location:
http://www.indymedia.ie/article/83999#comment206158
.
======
--- End of e-mail text ---
To be taken to the Front Page of this web site please click on the following link:
www.EuropeanCourtOfHumanRightsWilliamFinnerty.com
Constitution of Ireland:
Bunreacht na hEireann
CONVENTION AGAINST TORTURE
and Other Cruel, Inhuman or Degrading Treatment or Punishment (United
Nations):
http://www.google.com/search?q=CONVENTION+AGAINST+TORTURE&btnG=Google+Search
CRIMINAL JUSTICE (UNITED NATIONS CONVENTION AGAINST TORTURE) ACT,
2000 (Republic Of Ireland):
http://www.irishstatutebook.ie/ZZA11Y2000.html
European Convention
on Human Rights (Council of Europe):
http://www.google.com/search?hl=en&lr=&q=European+Convention+on+Human+Rights&btnG=Search
Universal Declaration of Human
Rights (United Nations):
http://www.google.com/search?hl=en&lr=&q=Universal+Declaration+of+Human+Rights&btnG=Search
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