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December 28,
2010
Article 6.1 of the Republic of
Ireland Constitution
By William Finnerty
"This new
'bankers bailout law' represents the most serious
violation of Article 6.1 of our written Constitution
that the people of the Republic of Ireland have been
subjected to thus far by the three main branches of our
own Government (Executive, Legislative and Judicial),
and I believe this because I believe the negative
consequences are likely to be the most serious so far:
unless, that is, this new piece of legislation is very
smartly cancelled through a successful 'judicial review'
challenge."
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There appears to be
a great lack of commitment to our written Constitution,
Bunreacht
na hEireann which
literally means "The Basic Law of Ireland" in the Celtic
language, and this weak spot possibly reflects a general
but dangerous lack of awareness of the importance of
written constitutions, and the crucially important part
they are meant to play with regard to the protection and
wellbeing of sovereign independent nation states such as
the Republic of Ireland.
Correctly or otherwise,
I am very firmly of the view that the Republic of
Ireland cannot ever become a truly independent sovereign
nation state, unless the majority of the people of the
Republic of Ireland start learning about (and
supporting) Bunreacht na hEireann in ways that
count.
Personally, I was very shocked (though not
in the slightest bit surprised) by the way President
Mary McAleese signed the "bankers bailout"
bill into law on December 21st 2010.
Given the
circumstances she found herself in on December 21st
2010, I believe President McAleese should undoubtedly
have instead used the first-class constitutional
facilities available to her through Article
26.1.1 of Bunreacht na hEireann, which are
better perhaps than in any other written constitution in
the whole world, which enabled her to lawfully make a
final decision on (completely by herself), and which
would not have cost her a single penny, to have the extremely
dubious bill in question referred to the
Supreme Court: so that our senior judges could study the
bill regarding the core legal issue of its
extraordinarily doubtful constitutionality. The fact
that President Mary McAleese failed, given the
circumstances on the day, to make this referral to our
Supreme Court judges, represents (in my view) an
amazingly serious and very worrying violation of our
written Constitution.
Far worse though is the
fact that the people of the Republic of Ireland appear
to have been unlawfully denied, by our own Government,
our constitutional right (i.e. our "basic law" right) to
have the all important "FINAL" say -- using an Article
6.1 based referendum -- as to whether or not
we wished to see the bankers bailed out (regarding their
massive self-inflicted gambling debts) in the way this
new piece of law permits and supports: at
the potentially UNLIMITED expense of the people of
the Republic of Ireland, it would appear. This, I
believe, represents the most serious violation of
Article 6.1 of our written Constitution, by the three
main branches of our own Government (Executive,
Legislative and Judicial), that the people of the
Republic of Ireland have been subjected to thus far, and
I believe this because I believe the negative
consequences are likely to be the most serious so far:
unless, that is, this new piece of legislation is very
tidily and rapidly cancelled through a successful judicial
review challenge.
As I have found to
my extreme cost though, and unless things have recently
changed very dramatically in the Republic of Ireland's
legal profession, anybody who tries (on their own, and
who is not a TD such as Pearse
Doherty for example), to raise a "judicial
review" challenge relating to this new piece of Republic
of Ireland "bankers bailout" law, can fully expect -- in
my view, and based on my own personal experiences over a
period of several years -- to very rapidly run into
major complications and difficulties
(not to mention very severe punishments involving C-PTSD injuries), which means
they will be callously, ruthlessly, viciously,
repeatedly, and with complete impunity, blocked at every
point by all of the public
officials, public bodies and individuals
concerned, from succeeding with the initiation of any
such legal challenge.
I have attempted to relay
my concerns relating to these issues to the Republic of
Ireland High Court President Justice
Nicholas Kearns in an e-mail I sent to him
(and several others) on December 21st 2010. For anybody
interested, a copy of the e-mail I used can be viewed at
the following www location: http://www.humanrightsireland.com/JusticeNicholasKearns/21December2010/Email.htm
And, as can
seen at the www address just above, I also used the
opportunity to try and point out to Justice Nicholas
Kearns (and to all of the other people included in the
recipient lists of the e-mail in question) that the
highly respected and exceptionally well-placed United
States Congressman Louis T. McFadden
had extreme concerns of the deepest nature about the
"forefathers" of the present "privately owned global
banking cartel" setup (which "The Fed" is a very major
part of) that involved bringing "formal
charges against the Board of Governors of the Federal
Reserve Bank system (i.e. the privately owned
Central Bank of the US), The Comptroller of the Currency
and the Secretary of United States Treasury for numerous
criminal acts, including but not limited to, CONSPIRACY,
FRAUD, UNLAWFUL CONVERSION, AND
TREASON".
Unfortunately, Mr Mc Fadden died before
he completed his desperately needed task.
What a
VERY different and much better world it might be today,
had US Congressman Louis T. Mc Fadden lived long enough
to finish the unusually valuable and still much needed
legal challenge he was working on?
The above text
is very largely based on a "comment" relating to a
recent TV interview with musician, singer, songwriter,
and activist Jim
Corr at the following www location: http://www.sovereignindependent.com/?p=11324&cpage=1#comment-94834
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Constitutional
Law "is the law, is the law, is the law" -- or is
it?
On December 28th 2010, and
with the 2,500 year old plus Tripartite Separation of
Powers
Doctrine in mind,
a
very similar copy of the above text was sent by e-mail
to, among several other lawyers, Republic of Ireland
High Court President Justice Nicholas Kearns. A copy
of the e-mail used can be viewed at the following
www location: http://www.humanrightsireland.com/JusticeNicholasKearns/28December2010/Email.htm
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MEPs
& Presidential Hopefuls Informed ...
On
December 30th 2010 a very similar copy of the above text
was sent by e-mail to two Republic of Ireland citizens
who have publicly expressed a wish to become the next
president of the Republic of Ireland (the next
Presidential Election in the Irish Republic is due to be
held in 2011), and, to a multinational group of
MEPs (Members of the European Parliament). A copy
of the e-mail used can be viewed at the following www
location: http://www.humanrightsireland.com/MichaelHigginsTD/30December2010/Email.htm
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The
above text has been copied from the following Open News
location: http://www.opednews.com/Diary/Article-6-1-of-the-Republi-by-William-Finnerty-101228-177.html
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Human
Rights Ireland http://www.humanrightsireland.com
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