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Date: Mon, 7 May 2007 09:47:23 +0100 (BST)
From: "Vercingetorix (Ireland)" <vercingetorixireland@yahoo.ie>
Subject: Council of State to review the Criminal Justice Bill
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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."

 

 
 
=====================
 
Better late than never
by 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
 
 
 
 
 

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To be taken to the Front Page of this web site please click on the following link:

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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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