Thursday, 15 July 2010

Furter Ideas

Further Ideas on the Thesis of a Federal Kingdom

These ideas are put forward under freedom of mind thought and expression. The purpose is to shed new light on the highly complex constitutional realities involved in a new British /Irish relationship in a Federal Kingdom.

In a comment on a Federal Kingdom John O Neill raised two salient issues: -
(1) Will the Crown be democratically elected?
(2) How will all members of the Royal Family be constituted?
Both of these are dealt with in the published National Government of Ireland Act. Arthur Griffiths worked on the worthwhile thesis of a dual monarchy. In the 21st century a dual monarchy requires a dual constitution for the Isles of the North Atlantic. One part of this duality is a constitution for Great Britain where the current unwritten constitution is retained and the second part of the duality is a new written constitution for Ireland in the National Government of Ireland Act. Further a dual constitution will require a dual definition of the Crown. The following definitions are covered in the published Act, Article 3 The Crown Irish Page 192

Definition 1

ON British Territory the Crown is defined as the British Crown that is the constitutional Head of State of Great Britain and is Head of the Church of England. The British Crown is also Head of the Commonwealth and is Head of State of Canada Australia and New Zealand. The British Crown fulfils these constitutional roles by right of birth.

Definition 2

On Irish Territory The Crown is defined as the Crown Irish and fulfils the constitutional role of Irish Head of State by democratic election in Ireland.

The procedure for electing the Crown Irish is covered in Article 22 of the published Act pages 266/7/8/9
Two options are put to the Irish People in a 32 county referendum: -
(a) Ireland as a Republic.
(b) Ireland as a Sovereign Nation with the National Government of Ireland Act as its constitution.
The votes would be counted separately in the 6 and 26 counties. If option (a) carries a significant majority in favour in both territories Ireland is united as a Republic. If option (b) carries a significant majority in both territories Ireland is united as a Sovereign Nation within a Federal Kingdom. If option (a) carries a significant majority in the 26 counties and option (b) carries a significant majority in the 6 counties Ireland remains partitioned.

The constitutional role of all members of the Royal Family are dealt with in Article 3 Page 196 of the published Act The only members the Royal Family granted constitutional status in relation to Ireland under the Act are the Crown Irish and spouse and the Heir to the throne and spouse. No other member of the Royal Family would be granted constitutional status in Ireland and as far as the Irish state is concerned are private citizens. However all members of the Royal Family would retain their traditional constitutional role in Great Britain

For Catholic Republicans a further stumbling block could be the religion of the Crown Irish. In article 3 page 196 of the published Act the Crown Irish is defined as Christian when on Irish territory. IN this article 3 the state religion of Ireland is defined as Christian Ecumenism The Crown Irish being defined as Christian and Irish Head of State the Crown Irish is Head of Christian ecumenism in Ireland. Article 3 page 197 forbids the Crown Irish to attend any denominational act of worship when on Irish territory. When the Crown Irish intends to worship on Irish territory the act of worship must be Christian ecumenical as specified in the Act.

A further bone of contention with catholic Republicans is –Who can the Crown Irish or Heir to the Throne marry? In Article 12 page 245 the Act states that the Crown Irish Or Heir to the Throne are free to marry a spouse of personal choice but the spouse must be Christian.

This article is intended to give an insight into the immense constitutional complexities in the British/Irish relationship; the motive is to be of help in improving that relationship. There is no ulterior motive. The complexities are immense but even so since the Government of Ireland Act partitioned Ireland only the National Government of Ireland Act can unite it. But the Irish may be a thrawn people who prefer to argue and squabble over contradictory irreconcilable constitutional positions in a sectarian manner rather than reach an amicable and reasonable settlement of the dispute. This is possible feasible and doable in the National Government of Ireland Act if the will can be found to do it.

Michael Gillespie

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