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"The Constitution of Ireland, according to O'Dalaigh CJ. in In re Haughey (1971), is founded on the doctrine of the tripartite division of powers of government - legislative (Oireachtas), executive (Government) and judicial (Courts)." | |
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"Abuse of power by one (branch of government) can be checked by the others and tyranny, hopefully, is prevented." |
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Something's
VERY seriously wrong with all this?
by W. Finnerty. Wed Apr 25, 2007
21:10
Although I'm not a lawyer, it's
nevertheless always been my understanding that all three of the main organs of
government - Legislative, Executive, and Judicial - all have a MOST important
duty, under the terms of Bunreacht na hEireann (the Constitution of the
Republic of Ireland), to ensure that each one of the three very carefully
watches itself, and the other two, for the purpose of making sure that no
legislation is produced which violates Bunreacht na
hEireann.
As some readers will already know, this very
important and most basic of "republican and
democratic" principles, which is deeply embedded in several
other modern constitutions apart from Bunreacht na hEireann, is often referred
to by names such as the "tripartite separation of powers
doctrine".
Using the words of Dublin based barrister and
law-lecturer Brian Doolan (from his book titled "Principles of Irish
Law", on Page 11 of the Fifth Edition), the core expectation of abiding by
the tripartite separation of powers doctrine is that the "Abuse of power by one
can be checked by the others, and tyranny, hopefully, is
prevented".
Closely connected with all this, an article on Page 2
of the March 29th 2007 edition of the Irish Independent, ends with the following
statement: "The right to silence, it adds, has been recognised as being
protected under the Constitution." The "it" in the previous sentence
refers to: "A letter signed by a phalanx of senior lawyers, including
more than a dozen senior council, (which) was delivered by hand to Mr Mc Dowell
yesterday afternoon".
As I see things, there's not much hope
of "tyranny being prevented" if, as several media reports today suggest, dozens
of Fine Gael and Labour TDs sat back and
ABSTAINED from voting yesterday, while unconstitutional
legislation was being manufactured right in front of their noses: by a
deluded (and possibly seriously insane?) Minister for Justice McDowell
TD.
Now I find myself wondering what state of mind their
leaders - i.e. Mr Enda Kenny TD (Fine Gael) and Mr Pat Rabbitte TD
(Labour) - must be in?
Related Link:
http://www.europeancourtofhumanrightswilliamfinnerty.com/JohnGlynn3April2007/EmailLetter.htm
.
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The
above text has been copied from the following Indymedia (Ireland)
location:
http://www.indymedia.ie/article/82176&comment_limit=0&condense_comments=false#comment191310
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Related
web site: http://www.europeancourtofhumanrightswilliamfinnerty.com/
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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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