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|Bunreacht na hEireann clearly DEMANDS that: "The Oireachtas (National Parliament of the Republic of Ireland) shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof."|
Date: Sat, 9 Jun 2007 07:38:32 +0100 (BST)
From: William Finnerty <email@example.com>
Subject: The National Monuments (Amendment) Act 2004
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Bunreacht na hEireann clearly DEMANDS that: "The Oireachtas (National Parliament of the Republic of Ireland) shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof."
The National Monuments (Amendment) Act 2004
by W. Finnerty. Fri Jun 08, 2007 21:38
Allowing for the facilities described at http://www.citizensinformation.ie/categories/government-in-ireland/irish-constitution-1/unconstitutional_legislation_and_decisions it now seems to me that The National Monuments (Amendment) Act 2004 should, without delay, have its constitutionality checked in a manner which is INDEPENDENT of all M3 (Tara) issues.
As far as I know, this has never actually been done?
Could somebody please correct me if I am wrong? - allowing (if necessary) for all the smoke-and-mirrors play-acting by Mr Justice Thomas Smyth in the High Court, a man who I strongly suspect may be on-the-take in some way or another.
It seems obvious to me that parts of The National Monuments (Amendment) Act 2004 are extremely doubtful and shaky (to put it mildly), and it is very easy for ANYBODY to substantiate this view on account of public statements now on the internet which are attributed to Dr Gerard Hogan (Senior Council), and Trinity College Dublin Law Lecturer. One such statement reads:
"Gerry Hogan, senior counsel for Mr Salafia, claimed the legislation used to push through the project was unconstitutional. He said the National Monuments (Amendment) Act 2004 weakened the role of the Oireachtas (Ireland's national parliament) by giving the minister discretionary powers to determine the fate of the country's heritage. Mr Hogan claimed the state's duty to protect monuments had been 'seriously compromised'. (This quote has been taken from http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/01/13/wtara13.xml&sSheet=/news/2006/01/13/ixworld.html .)
As some will already know, "Constitutional Law" is one of Dr Hogan's specialities - first in fact on the list at http://www.tcd.ie/Law/GerardHogan.html .
In case it might not be obvious to everyone, if parts of the National Monuments (Amendment) Act 2004 are unconstitutional, then that presents a MAJOR threat for the whole nation's heritage: and not just that located in the Tara area, and not just at the present time either - but for however long such bogus law is allowed to fraudulently and corruptly masquerade as the genuine article.
Also, and for reasons which should be obvious, unconstitutional legislation seriously undermines the Constitution (Bunreacht na hEireann), which in turn undermines the sovereignty of the Republic of Ireland: a sovereignty that was achieved at great cost in terms of blood and suffering over a protracted period spanning some 30 generations or so (i.e. from 1169 to 1921 AD).
My next question, if anybody out there can help, is how can the formal "Judicial Review" process be started?
The Government web site says: "If you wish to begin judicial review proceedings, you should contact a solicitor who will in turn brief a barrister to draft the papers for the case."
When I tried to follow the above government guidance regarding a similar issue, I found that the solicitor in question (Mr Martin Egan, Principal Lawyer at Fair & Murtagh, Athlone) never replied to the letter I sent to him through the registered post on July 16th 2004, details of which can be seen at http://www.europeancourtofhumanrightswilliamfinnerty.com/Finnachta/FairMurtaghEmail16July2004.htm .
Similarly, with several other lawyers I tried to get help from regarding the extremely important issue of trying to root out unconstitutional legislation.
It seems the Government and the legal profession are offering this facility with one hand, and then corruptly taking it back with the other by surreptitious means.
How can I (and others) get around this problem?
Can anybody help? - keeping in mind that the constitutionality issues connected with The National Monuments (Amendment) Act 2004 are just a small part of the overall "unconstitutional legislation" problem.
There are also, for example (and it's just ONE example please note), the very deep doubts and reservations relating to "The Planning and Development (Strategic Infrastructure) Act 2006" which were raised with President Mary McAleese in a letter sent to her through the registered post on June 17th 2006, and which several other senior lawyers were informed of at the same time - full details at http://www.europeancourtofhumanrightswilliamfinnerty.com/PresidentMaryMcAleese17June2006/Email.htm .
Despite the doubts raised at the address just above, President Mary McAleese nevertheless signed the above Act into law on July 16th 2006, and, as far as I know, she did so without making any attempt whatsoever to have its constitutionality checked by the Supreme Court - as Article 26.1.1 of Bunreacht na hEireann very clearly enables her to do (at no cost to herself).
Also, and as some will already know, Article 15.4.1 of Bunreacht na hEireann clearly DEMANDS that: "The Oireachtas shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof." (The word "Bunreacht" in the Celtic language literally means "Basic Law".)
I sincerely hope that the new set of Oireachtas members will pay MUCH MORE attention to Article 15.4.1 than the last one appears to have done: and regardless of what the next Government (whatever its party mix) attempts to do regarding new and altered legislation.
Related Link: http://www.constitutionofireland.com
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