Government Revision of Statute Law from Magna Carta Onwards

[civic_critic]

A while ago there was a brief discussion about Brehon Law in Ireland, whether it could be reapplied in our society and how its absence in everyday law in this country contrasted with Bertie Ahern's keenness to revisit all of British Common Law in this land all the way back to the time of the magna carta. That discussion was here.

Recently I was perusing the Aubane Historical Society website where a discussion from April 2007 took a closer look at the government's statute law revision process. For example it highlighted the following:

Deputy Stagg also highlighted:

"The fact that we are retaining an Act to give effect to the peace treaty with Hungary signed at Trianon in 1921 raises a question as to whether this treaty remains in force, whether this State is bound by it, and how many other pre-independence treaties might remain in force," he added.

Fine Gael chief whip Deputy Paul Kehoe described as "extraordinary" the Acts deemed necessary for retention including the Dublin Fair Act of 1252 to the Constabulary and Police (Ireland) Act 1919.

"What could possibly be contained in those Acts that is not in legislation enacted since 1922?" he asked.

Green Party finance spokesman Deputy Dan Boyle suggested it might be "sinister" to retain the Parliamentary Privilege Act of 1471 "which concerns freedom from arrest of Members of the House of Lords coming to Parliament and their servants".

The full essay can be found here.
These are interesting questions and what the government has been doing in revising, retaining or abandoning law statutes is worthy of some serious analysis. Contrasting these with the total lack of discussion about and funding for Brehon Law revision or retention is also worthwhile.

The Aubane Historical website then directed me to the Office of the Attorney General website which aparently is where full details of the revision are to be found (here). I haven't had time to look over that website yet but the second paragraph struck me. It says:

As an element of that project, the Attorney General and the Taoiseach are engaged in a wide-ranging analysis of all legislation of the various Irish, English, British and United Kingdom parliaments which exercised authority over Ireland prior to Ireland achieving independence, as well as legislation passed since 1922.

The thing is, British and United Kingdom Parliaments never 'exercised authority' over Ireland - they annexed our country and maintained an oppressive regime for centuries. What does the Attorney General mean by adding his name to this phrase and what does it say about the attitude of those who are conducting this revision and who are responsible for the law of our land?

[fergalr]

Steer clear of the Aubanes.

It's a worthy and republican move by a sovereign state to replace and repeal all pre-independence legislation. It does, however, require the Dail to do somewhat more work than they are accustomed to.

[smiffy]

The thing is, British and United Kingdom Parliaments never 'exercised authority' over Ireland - they annexed our country and maintained an oppressive regime for centuries. What does the Attorney General mean by adding his name to this phrase and what does it say about the attitude of those who are conducting this revision and who are responsible for the law of our land?

That they are not suffering from mental illness, perhaps?

[CookieMonster]

Can you imagine if they removed the 1921 peace treaty with Hungary and then they can over and invaded us. Yeah, they would be laughing then, wouldn't they!

[green]

The thing is, British and United Kingdom Parliaments never 'exercised authority' over Ireland - they annexed our country and maintained an oppressive regime for centuries.

The two are not mutually exclusive.