EIRE
NUA
-
FUNDAMENTAL
PRINCIPLES
The concept on which Eire Nua is based, that of a unitary federation of the four historic provinces under the coordination of a national parliament, would foster a true democracy and eliminate the causes for conflict, such as Ireland has experienced for the past eight hundred years. The Eire Nua constitution with its Charter of Rights would guarantee all of Ireland's people true freedom, a home for its children and a new beginning
The Constitution as envisioned in the Eire Nua
program would embody the intent of the 1916 Proclamation as well as the
following fundemenental principles;
1) a Charter of Rights,
2) Separation of Church and State,
3) an independent Judicial System, and
4) new Government Structure.
The first fundamental principle, a
Charter of
,Rights, would be based on the premise that recognizes the
fundamental dignity and importance of the individual, who at birth is
endowed with a basic right to be treated as a unique and inviolable
human being. Based on this premise the Charter of Rights would
guarantee the right to life, liberty and security of person. It
would also guarantee the rights of citizenship, civil rights, property
rights equal rights, workers rights and equal protection under the law. It would prohibit the government from
granting unto itself special powers that can be used against the people.
The
second
fundamental
principle,
Separation
of
Church
and
State,
would
prohibit
the
government
from
supporting,
promoting
or
granting
special
status
to
any
religion
over
another
or
to
any
individual
over
another
because
of
religious
beliefs
or
affiliations.
It
would
guarantee
the
right
to
hold
any
or
no
religious
belief
without
prejudice
in
either
the
public
or
private
arena.
It
would
also
guarantee
that
religious
morality
is
not
legislated
to
the
detriment
of
nonconformists
or
others
with
differing
values.
The third fundamental principle, an
Independent
Judicial System, would guarantee judicial safeguards including
the power of judicial review. The Supreme Court in its role as head of
an independent judicial system and guardian of the Constitution, would
ensure that the government cannot circumvent the Constitution, the
supreme law of the land, for political or any other reason. The second
most important role of an independent Judiciary would be to ensure that
a court of law remains a neutral arena in which the protagonists, the
accused and the accuser can argue before an impartial arbiter, and that
the verdict is based on all of the evidence and rendered by a jury of
peers.
The fourth fundamental principle, new
Government Structure, would be based on a federation of the four
provinces under the coordination of a national parliament with powers
devolved through regional administrative councils to local bodies, so
that at all levels citizens may have an effective voice in their own
governance. All levels of government would receive their powers from the
people, whose representatives would be elected by the suffrage of the
adult population. The national parliament
would be the supreme authority
in exercising those powers solely delegated to it by the Constitution.
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A CHARTER OF
RIGHTS
Many
countries
that
subscribe
to
the
Universal
Declaration
of
Human
Rights
interpret
its
meaning
in
narrow
self-serving
terms.
According
to
reports
published
by
Amnesty
International,
Helsinki
Watch,
Asia
Watch
and
the
US
State
Department,
approximately
one
third
of
the
U.N.
member
states
are
guilty,
to
varying
degrees,
of
human
rights
abuses.
One
would
not
expect
England
and
Ireland
to
fall
into
this
category.
Unfortunately
they
do,
as
both
have
enacted
laws
that
contravene
provisions
of
the
European
Court
for
the
Protection
of
Fundamental
Rights
and
Freedom.
A
review
of
the
repressive
laws
enacted
by
both
government's
show
a
remarkable
similarity
in
content
and
timing.
It
appears
as
if
their
efforts
were
coordinated
and
directed
against
those
who
would
challenge
or
attempt
to
change
the
immoral
partition
of
Ireland.
It's
estimated
that
close
to
one
million
people
in
both
England
and
Ireland
have
been
victims
of
these
repressive
laws.
The
political
leaders
of
the
eviscerated
state
of
Northern
Ireland,
realizing
that
their
only
hope
of
maintaining
control
over
the
rump
state
was
by
repressive
means,
enacted
as
their
first
piece
of
legislation
the
infamous
Special
Powers
Act
of
1922.
This
draconian
piece
of
legislation
gave
the
police
extreme
powers
to
arrest
without
warrant,
and
incarcerate
without
trial,
any
Catholic
they
classified
as
a
"political
suspect".
In
1973
the
Special
Powers
Act
was
repeated
and
replaced
by
the
Emergency
Act.
This
Act
retained
most
of
the
repressive
sections
of
the
1922
Act.
Amongst
other
measures,
the
Emergency
Act
provided
for
non-jury
courts,
arrest
without
warrant,
interrogation
without
an
attorney
present
and
internment
without
trial.
As
a
consequence
of
the
atrocities
committed
under
these
repressive
Acts,
the
European
Court
of
Human
Rights
in
1978
found
the
British
guilty
of
"inhuman
and
degrading
treatment".
Amnesty
International
in
its
1978
report
on
human
rights
found
that
"systematic
brutality"
was
used
in
Castlereagh
Police
Barracks
during
interrogations.
The
Irish
Free
State
has
been
just
as
brutal
to
its
political
dissidents
as
has
the
Northern
Ireland
State
The
pro-Treaty
government,
at
the
onset
of
the
civil
war
in
1922,
set
up
military
tribunals
to
sanction
the
execution
of
Republican
prisoners
of
war.
Also,
in
a
blatant
affront
to
human
rights
and
the
rules
of
war,
they
summarily
executed
Republican
prisoners
in
reprisal
for
military
attacks
on
their
forces.
Again,
in
1931
the
Free
State
government
set
up
a
Special
Powers
Tribunal
to
silence
Republican
activists
as
they
had
done
in
1922.
Eight
years
later
in
1939,
in
response
to
an
IRA
campaign
in
England,
the
Free
State
government
enacted
the
Offenses
against
the
State
Act,
which
as
in
1922
and
1931
provided
for
military
tribunals
that
again
sanctioned
the
imprisonment
and
execution
of
Republicans.
In
subsequent
years
the
Special
Powers
Act
was
amended
to
circumvent
the
rules
of
evidence,
impose
censorship,
arrest
without
warrant,
detain
incommunicado,
interrogate
without
an
attorney
present
and
incarcerate
without
trial
political
and
civil
rights
activists
and
others
whom
the
government
wanted
silenced.
As
a
result,
the
Free
State
government
was
criticized
and
reprimanded
by
the
European
Court
of
Human
Rights
for
the
use
of
such
repressive
measures
against
its
citizens,
a
reprimand
they
choose
to
ignore.
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SEPARATION
OF CHURCH AND STATE
The Separation of Church and State is essential
for achieving a just and lasting peace in Ireland and is central to Eire
Nua. The lessons of history require that. Ireland today is a
multi-cultural pluralistic society that must cater equally to all its
citizens irrespective of their religious affiliations. Religious freedom
will be protected under the Eire Nua constitution. Organized religion
will be free to prorogate and grow and the individual will be free to
join or remain apart. Religion will not dabble in politics nor will the
government use religion to advance their political agendas.
Since organized religion was first established the
relationship between Church and State has been uneasy if not downright
contentious. These relations first became a serious problem in the
latter days of the Roman Empire when Christianity became the State
religion. As the authority of the Roman Empire waned, popes took over
the universal authority of the Emperor's and the Episcopal Hierarchy
filled the void of collapsing Imperial Administrations. When the Roman
Empire finally collapsed the Christian Church took its place and nearly
all of Europe's rulers submitted to its power and authority.
At the height of papal supremacy in the
Middle Ages Pope Boniface VIII, who reigned from 1294 to 1203, issued a
papal decree declaring that the pope should have a voice in civil as
well as religious affairs? This decree angered civil authorities. In
reprisal, King Philip of France used his influence to have a French
archbishop elected to succeed Boniface VIII. The new pope, Clement V,
moved the papal residence to Avignon in France and appointed only French
cardinals. The now polarized Papacy remained in France during the reign
of seven French popes. The seeds of dissension sown during this period
set in motion a series of divisive events culmination in the Great
Schism of the West. The schism, which lasted for forty years, resulted
in competing popes and cardinals, who were supported and used by feuding
European rules to further their own particular agendas. The ensuing
abuse and misuse of ecclesiastical powers led to the Reformation of
1517, a revolution within the Roman Church that gave birth to
Protestantism.
The quest for power and supremacy between the Church of
Rome and the civil authorities in Europe was felt in Ireland. The
Reformation divided the Christian church and pitted the countries of
Europe against each other. As the consequence of a rift between King
Henry VIII and Pope Clement VII over the question of supremacy,
Protestantism became the state religion in England. Remaining true to
their beliefs the Irish people sided with the Church of Rome.
After the defeat of the Catholic armies at the battles of
the Boyne and Aughrin in 1690, the English enacted a series of
repressive anti-Catholic laws. These laws, collectively known as the
Penal Laws, deprived Catholics of their religious freedom, political and
property rights. Catholic colleges were closed and priests were not
allowed to attend to their flock. Property owners who refused to convert
to Protestantism were classified as disloyal and summarily dispossessed
of their lands. Protestant settlers were brought in from Scotland and
England and given the lands and possessions taken from the native Irish
property owners. Religion became a powerful weapon to suppress the Irish
people and formed the basis for the 'divide and rule'
doctrine used by the English down through the centuries to rule and
control the Irish people.
After the Reform Act of 1850, which modified the Penal
Laws the new face of the Catholic Church was romanistic, authoritarian
and determined to enter the political arena to protect its vested
interests. Its attitude towards Irish nationalism was adversarial in
that it had to compete for the loyalty of the populace. Although some
priests were sympathetic and at times joined in the struggle for
independence, the hierarchy did not consider Irish independence
important or desirable. As repayment to the English for establishing
Maynooth College, a seminary for priests, the hierarchy vehemently
condemned resistance to English rule. The Church entered the political
arena to ensure the downfall of Parnell who posed a constitutional
threat to the English. To weaken resistance to English rule they
summarily excommunicated all those who took part in the uprisings of
1867 and 1916. They also condemned anti-Treaty forces during the civil
war of 1922. To this very day they condemn those who engage in
anti-British activities.
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AN INDEPENDENT
JUDICIARY
The Eire Nua (Now Ireland) proposal includes as one of
its fundamental principles, an independent judicial system. The reason
for this is to prevent abuses of governmental powers, common to the
present system. Over the years since British rule ended, successive
Irish governments have adopted repressive legislation to silence protest
and political dissent. The present-day Supreme Court has been reluctant
to subject such legislation to judicial review, in fact it has been
supportive and a willing party to its implementation.
The Supreme Court would be
vested with the judicial power of the nation. The Court would be the
final interpreter of the meaning of the Constitution, and as such would
exercise the power of judicial review to ensure that legislation and/or
the exercise of executive powers would not violate the Constitution. In
order to ensure the independence of the Supreme Court under the Eire Nua
proposal, the Court would have equal status to the legislative and
executive branches of government
As head of an independent judicial system, the Court
would be the ultimate tribunal in the nations court system. Within the
framework of litigation, the Court would mark the boundaries of
authority between the national, provincial and local levels of
government, and between the government and the citizen. Nominees to the
Supreme Court would be selected by the President and confirmed by the
national parliament, Dail Eireann. The term of office for Supreme Court
justices would be to mandatory retirement age, unless they are removed
from office for cause. Removal from office for cause would be by a
two-thirds vote of Dail Eireann.
Appeal Courts would be
established at the national level and in each of the provinces to review
criminal and civil cases appealed from lower courts, or courts of
original jurisdiction. Each of the Courts would consist of at least
three sitting judges, to hear and rule on appeals with respect to points
of law and rules of evidence.
Nominees to the Court operating at the national level
would be selected by the President and confirmed by Dail Eireann.
Nominees to the Courts operating at the provincial level would be
selected by Provincial Administrators and confirmed by the provincial
parliament. The term of office for Appeal Courts judges would be to
mandatory retirement age, unless they are re- moved from office for
cause. In that case judges operating at the national level would be
removed from office by a two-thirds vote of Dail Eireann and judges
operating at the provincial level would be removed from office by a
two-thirds vote of their respective provincial parliament.
The Central Court system
would consist of a Central Criminal Court and an Administrative Court
and would be established at the national level. The Central Criminal
Court would be the court of original jurisdiction for cases involving
civil rights, sedition, extradition, and official corruption. The
Administrative Court would rule on issues of administrative law such as
consumer protection, taxation, currency, trade and commerce,
environmental protection and public safety.
Nominees to the Central Court system would be nominated
by the President and confirmed by the Dail Eireann. The term of office
for judges would be until they reach mandatory retirement age, unless
they are removed from office for cause. Removal from office for cause
would be by a two-thirds vote of Dad Eireann.
The Circuit Court system
would consist of courts of original jurisdiction operating at the
provincial level for criminal, civil and family court cases. In order to
bring the judicial system close to the people, courts would be set-up in
each of the provinces regions. All cases brought before these courts,
with the exception of family court cases, would be tried before a jury
of peers.
Nominees to the Circuit Court system would be selected by
the Provincial Administrators and confirmed by the respective provincial
parliament. The term of office for Circuit Court judges would extend to
mandatory retirement age, unless they are removed from office for cause.
Removal from office for cause would be two-thirds vote of their
respective provincial parliament.
District Courts would be
established at the district level to handle misdemeanor cases such as
traffic and ordinance violations, punishable by fines and/or loss of
driving privileges. These courts would be presided over by magistrates
appointed to office by local councils to predetermined terms.
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NEW GOVERNMENT STRUCTURES
The proposed government structures will embody a system
of power sharing, administered at the national, provincial, regional and
district government levels. This system will ensure maximum distribution
of government powers and will accommodate the unique and distinctive
character of each of the historic provinces. In addition to the above
advantages, it grants autonomy to each of the provinces to pursue
interests for which they have a natural affinity including cultural,
traditional and economic interests
The National Government
Eire Nua (new Ireland) will have a national parliament,
Dail Eireann, to which all citizens will give common allegiance. It will
embody the unity and sovereignty of the nation as a whole. It will be
the supreme national authority, acting in trust for the people with a
special duty to uphold the constitution and protect the national
interests at home and abroad.
Dail Eireann will be a federal parliament in that it will
be drawn from the federation of Ireland's four constituent provinces. It
will consist of a single chamber of deputies, 50% elected by direct
universal suffrage and 50% in equal numbers from each provincial
parliament. Their actions will be governed by the constitution. The
federal parliament will be responsible for electing a President who will
serve as both prime minister and head of state, confirm government
ministers nominated by the President, initiate and enact legislation,
and approve the national budget.
The national administration will manage the affairs of
state as mandated by national legislation. It will do so through its
governmental departments. As administrative responsibilities will reside
with different levels of government, the national government's authority
will be limited to those affairs that reside at the national level,
including defense, external affairs, financial affairs and the judicial
system.
Provincial Governments
Provincial Parliaments will be established in each of the
provinces. These parliaments will each consist of a single chamber of
deputies whose members will be elected by the people of the provinces.
Their actions will be governed by the constitution. The function of
these parliaments will be to draft rules and regulations to implement
legislative mandates, elect members to represent the province in Dail
Eireann, elect a provincial administration, initiate legislation, and
approve the provincial budget.
Provincial Administrations will be responsible for
managing provincial government affairs including natural resources, the
environment, energy and communications, trade and commerce, third-level
education and cultural affairs.
Regional Boards will be established in each of the
provinces. The Boards will be comprised of elected representatives of
district councils and expert representatives appointed by the provincial
parliament. Regional Boards will be responsible for economic
development, regional planning, regionalized health services and
cultural development.
Local Governments
District/county Councils will be established in each
district/county. Each council will consist of a single chamber of
representatives elected by the people of the district/county. Local
Councils will be responsible for drafting rules and regulations to
implement legislative mandates, and for approving the district budget.
Their actions will be governed by the constitution.
District/county Administrators will be responsible for
managing local government affairs including law enforcement, employment
and work standards, welfare and social services, primary and secondary
education, agriculture and fisheries, primary health care, recreation,
the environment, public safety, and public housing.
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