To: Bullyonline Yahoo Group <bullyonline@yahoogroups.com>
CC: "Gerald Finnerty & Marjorie Dolan New Inn County Galway.\)" <margieandgerald@yahoo.ie>,
"Gerard J Madden \(Senior Social Worker, County Tyrone, Northern Ireland\)" <gmadden@slt.n-i.nhs.uk>
From: William Finnerty <newinngalway@yahoo.co.uk>
Date: Tue, 31 Oct 2006 10:53:19 +0000 (GMT)
Subject: [bullyonline] "The bullies will simply put themselves ABOVE the law ..."

"Of course if the Government is in certain important ways a lawless bunch of thugs and bullies, and the President of the day is co-operating with them, and/or actually one of them perhaps, as appears to me to be the case in recent years, then I would agree that it really does not matter what the contents of Bunreacht na hÉireann (Constitution of the Republic of Ireland) are - because the bullies will simply put themselves ABOVE the law, and everyone who gets in their way BENEATH it: as is happening at the present time in connection with a selection of very serious human rights and environmental issues which directly involve the Republic of Ireland."

The very first sentence in Article 40.1 of the "Fundamental Rights" section of Bunreacht na hÉireann reads as follows:

"All citizens shall, as human persons, be held equal before the law."

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An error of sorts?
by W. Finnerty. Mon Oct 30, 2006 11:40

"As for 'Bunreacht na hÉireann', it is not worth the paper it was written on. Every right in it can be diluted at the whim of the 26 county government in the 'national interest'." (Please see above at: Jacqueline Fallon Fri Oct 27, 2006 23:16 )

Although I'm not a lawyer, I don't think the above statement is entirely correct?

As can can seen at the address below, every Bill must be signed by the Republic of Ireland President before it can become law in the Republic of Ireland:
http://www.oasis.gov.ie/government_in_ireland/government_and_politics_at_national_level/president_of_ireland/president_and_legislation.html

Of course if the Government is in certain important ways a lawless bunch of thugs and bullies, and the President of the day is co-operating with them, and/or actually one of them perhaps (as appears to me to be the case in recent years), then I would agree that it really does not matter what the contents of 'Bunreacht na hÉireann' are - because the bullies will simply put themselves ABOVE the law, and everyone who gets in their way BENEATH it: as is happening at the present time in connection with a selection of very serious human rights and environmental issues which directly involve the Republic of Ireland.

Personally though, I don't see the present set of environmental and human rights difficulties as a reflection of any great weakness in 'Bunreacht na hÉireann'. While I would agree 'Bunreacht na hÉireann' is not by any means perfect, it is nonetheless widely regarded as one of the best written constitutions in the world.

In addition, there are of course facilities for maintaining Bunreacht na hÉireann (i.e. keeping it up-to-date and in line with the times), which relies entirely on the "constitutional referendum" process.

Perhaps the most worrying problem of all at present, is that Bunreacht na hÉireann is (in effect) being surreptitiously "maintained" in the direction of tyranny, without ANY constitutional referendums of the kind required by law: which, to me at least, looks like political and legal corruption at its very worst, and most dangerous.


Related Link: http://www.europeancourtofhumanrightswilliamfinnerty.com/PresidentMaryMcAleese17June2006/Email.htm

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The above text has been copied from the following Indymedia (Ireland) location:
http://www.indymedia.ie/article/79258?comment_limit=0&condense_comments=false#comment173644


 

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