PTI/Q/16.8.20/002/RK

“It is my understanding and belief that the Court of Appeal is unconstitutional and not lawfully in operation pursuant to relevant provisions of the Constitution.”

Short, succinct and topic-relevant commentary only please..

6 thoughts on “PTI/Q/16.8.20/002/RK”

    1. (Test response).. Well, if the President of the CoA George Birmingham has lost his jurisdiction because of criminal activity in the Courts – then wouldn’t that render his Office unlawful?

  1. Can RF expound on this please for the rest of Council – thanks – so we can decide if this should go to Investigations & Research – thanks..

  2. If I understand it, the only ‘conclusive evidence’ of our Irish Constitution is enrolled in the Supreme Court Office. The last known date (until recently) of enrolment as ‘conclusive evidence’ of our Supreme Law was in 1999. Therefore, all the amendments to the Constitution since 1999 were not enrolled in the Supreme Court as required. The question is, if there was no’ conclusive evidence’ enrolled in the Courts since 1999 were decisions made in relation to ratifications lawful and constitutional? What are the lawful consequences. The Court of Appeal was established in 2014 but never enrolled in the Supreme Court office. The Constitution itself requires such enrolment which did not take place. It appears that something was enrolled in the Supreme Court in November last however, does that lawfully rectify and remedy the situation for decisions made subsequent to that enrolment. What are the ‘public policy’ issues that will arise? The Judiciary and government will seek to apply enrolment retrospectively so there will be no public outcry. Its not just the Court of Appeal affected, but same sex marriages, the new protections on children etc. etc……

    Does that make the Court of Appeal unconstitutional or the decisions of the Court unconstitutional prior to enrolment rectification?

  3. Article 25.5…. of the Irish Constitution sets out the law on the enrolment of the Constitution in Irish and English. However, it must be remembered there was no enrolment of the Constitution in Ireland of the 1937 Constitution until 1961 as the Supreme Court Office as it is was not established…………..

  4. Hi Gerardine,
    The last known date (until recently) of enrolment as ‘conclusive evidence’ of our Supreme Law was in 1999.
    have you any evidence of record of same?

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