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"The President may, after consultation with the Council of State, refer
any Bill to which this Article applies to the Supreme Court
for a decision on
the question as to whether such Bill or any specified provision or provisions of
such Bill is or are repugnant to this Constitution or to any provision
thereof." |
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Better late than
neverby W.
Finnerty. Mon May 07, 2007 09:11
The
following statements are from a report dated
05/05/2007 at
http://www.breakingnews.ie/ireland/?jp=MHAUSNCWSNAU
.
"
The President, Mary McAleese is calling for a meeting of the
Council of State to review the Criminal Justice Bill."
"She
has convened the meeting for
Wednesday next, in accordance with her powers under
Article 26 of the Constitution."
"It provides that, following
consultation with the Council of State, the President may refer any Bill to the
Supreme Court for a review of its constitutionality. "
"The
Criminal Justice Bill was passed by the Oireachtas late last month, despite
protests from civil liberties groups and some members of the
opposition."
Fine, but what about ALL the other very shaky and
doubtful legislation President Mary McAleese has already signed into law which
is probably unconstitutional?
What about, for example, the highly
controversial "
Planning and Development (Strategic Infrastructure) Act 2006",
which was signed into law by President McAleese on 16 July
2006?
Why did she not apply Article 26.1.1 of Bunreacht na
hEireann (Constitution of the Republic of Ireland) to it? She was very clearly
asked to do so, in a letter sent to her by registered post on June 17th 2006, as
can be seen at
http://www.europeancourtofhumanrightswilliamfinnerty.com/PresidentMaryMcAleese17June2006/Email.htm Article
26.1.1 (enacted by the people on July 1st 1937) reads as
follows:
"The President may, after consultation with the
Council of State, refer any Bill to which this Article applies to the Supreme
Court for a decision on the question as to whether such Bill or any specified
provision or provisions of such Bill is or are
repugnant to this Constitution or
to any provision thereof."
And, far more important, what happens
now if (as many believe) "The Planning and Development (Strategic
Infrastructure) Act 2006" really is unconstitutional, and consequently legally
invalid? Similarly with the "
WASTE MANAGEMENT (AMENDMENT) ACT, 2001", for
example, which resulted in a huge (and very likely unlawful) rubbish dump being
built by Greenstar / National Toll Roads / Cement Roadstone Holdings in
Kilconnell, County Galway? More on this at
http://www.finnachta.com/BordPleanalaAppeal.htm
.
As some will already know, there is a
7 day limit for the
President to refer doubtful (i.e. possibly unconstitutional) legislation to the
Council of State, because hot-on-the-heels of Article 26.1.1 comes Article
26.1.2 which says:
"Every such reference shall be made not later
than the seventh day after the date on which such Bill shall have been presented
by the Taoiseach to the President for his
signature."
Allowing for the above, and with a general
election due on May 24th, it seems to me that ALL voters should now be giving
some VERY serious thought to Article 12.10.1 of Bunreacht na hEireann, which
states:
"
The President may be impeached for stated
misbehaviour."
As can be seen in Article 12.10.3 of Bunreacht na
hEireann, "A proposal to either House of the Oireachtas to prefer a charge
against the President under this section shall not be entertained unless upon a
notice of motion in writing signed by not less than thirty members of that
House."
Related Link: http://www.constitutionofireland.com/ =====================
The
above text has been copied from the following
Indymedia (Ireland)
location:
http://www.indymedia.ie/article/82370&comment_limit=0&condense_comments=false#comment192834 