Democratic Reform
For a New Republic

A Nation Betrayed

The Irish Nation was betrayed in 1972, when under the pretext of joining a European Free Trade area, the Irish people were duped into accepting changes to our Constitution, which effectively set aside the rights of the Irish citizen to Govern our own State. This was re-affirmed by our forced acceptance of the Lisbon Treaty.

A Constitutional Conflict

Article 1;
This is the Constitutional declaration of our Sovereignty.
"The Irish Nation hereby affirms its inalienable, indefeasible, and sovereign right to choose its own form of Government, to determine its relations with other nations, and to develop its life, political, economic and cultural, in accordance with its own genius and traditions."
Article 15;
Describes the structure of our Government, and enshrines in our Laws,
“The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State”.
Article 34 Section 4, Paragraph 4;
Enshrines the Supreme Court as the arbiter as to the Constitutionality of any law enacted.
"No law shall be enacted excepting from the appellate jurisdiction of the Supreme Court, cases which involve questions as to the validity of any law having regard to the provisions of this Constitution."

The Sellout

The introduction of an amendment to article 29 in 1972, was / is in conflict with the above 3 articles of the 1937 constitution. This poses the question as to the independence of the Supreme Court. The Constitution has been set aside in all but domestic law. Article 29, section - 4, subsection - 6, suspends the right of the Irish Citizen to challenge the constitutionality of any Law, Act, or Measure introduced by the European Union.
Following the Lisbon Treaty
Article 29, section 4, subsection 6, was further ammended to the following,

No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State, before, on, or after the entry into force of the Treaty of Lisbon, that are necessitated by the obligations of membership of the European Union, referred to in subsection 5 of this section or, of the European Atomic Energy Community, or prevents laws enacted, acts done or measures adopted by,

  1. the said European Union or the European Atomic Energy Community, or by institutions thereof.
  2. the European Communities or European Union existing immediately before the entry into force of the Treaty of Lisbon, or by institutions thereof, or
  3. bodies competent under the treaties referred to in this section,
from having the force of law in the State.

This is similar to the previous subsection 10 and allows for the provisions of the Lisbon Treaty to be put into effect in Ireland.

The above is a quote, from the Referendum Commission's guide to the Lisbon Treaty.

This means that you cannot bring a constitutional challenge to any European, "Law, Act, or Measure" in the Irish Supreme Court, even if such "Law, Act, or Measure" were otherwise unconstitutional.

A Constitutional Democracy;

The constitution is the basis of our democracy. Government by majority within agreed constitutional rules. It is democratic because of its foundations in government by popular consent and majority rule. It is constitutional because the power of the government to rule is limited by "The Constitution".

We need a new modern Constitution, which sets in place new rules for the Government of the Nation. The Constitution must protect in particular the rights of children and the vulnerable. It must be in plain language and easy to understand, and must be the final recourse as defender of all citizens rights.

  1. Reform of the Constitution, to transform the role of government, including the role of the President, The Oireachtas, and Local Government.

  2. Reform of the Constitution, to include a new definition of Treason, including new concepts of "Undermining the Sovereignty of the State" and "Economic Treason".

  3. Change the rules regarding the holding of Referenda, requiring a two third majority, to change the Constitution, and a three year time delay before any re-run of what is essentially the same proposal.