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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)."|
|"Abuse of power by one (branch of government) can be checked by the others and tyranny, hopefully, is prevented."|
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 .
The above text has been copied from the following Indymedia (Ireland) location:
Related web site: http://www.europeancourtofhumanrightswilliamfinnerty.com/
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