A NORTHERN IRISH RIGHTS AND FREEDOMS AGENDA -
The Anglo-Irish / NI conflict did not take place in a vacuum. There has been an ongoing historic conflict from the early European tribal settlements onto these islands. Extending to a settled totality in the context of emerging conflicting and competing cultural identities. In essence, at the commencement of the latest Anglo-Irish / NI conflict, on a final analyses, all that existed were the oppressors and their agents / hostages, the oppressed and those who resisted oppression. No one was neutral, everyone took a side during the conflict, whether they were active, passive or ambivalent? At the end of this particular conflict, all that emerged was a set of outcomes, to include a death toll, as to who had been killed, permanently injured either physically or emotionally or both; those who were the victims of emotional cowardice; and or let themselves down, those in positions of trust who abrogated their responsibilities and undermined the integrity of their respective institutions, those who had allowed themselves to be owned by the empowered authorities, those who made the conflict about themselves, those who profited from the conflict, those who were imprisoned by the special courts with excessive tariff terms, who really therefore, were not released early; those who have been permanently criminalised for life; and those who have been allowed to live by the State authorities. The only consolation was the signing of the Belfast Agreement / Peace Treaty? The prime objective of the Belfast Agreement was as a peace treaty; structured to accommodate a constructed ambiguity, at variance with facilitating social cohesion and community integration and open to political sophistry, in an institutional and community situational positioning in an inconclusive political and cultural struggle.
The central theme running through this work is a transitional justice approach, and the aim is to establish, a statutory entrenched Northern Irish Home Rule Bill of Rights and Freedoms. There is a continuous thread intent on protecting and preserving the integrity of the Northern Irish system of jurisprudence based on the common law of England. The Anglo-Irish / NI conflict resolution process, is dependent on this thread as an enabling transitional justice mechanism, underpinning constitutional and institutional change, in assisting a society emerging out of conflict. The aims and objectives of a transitional justice approach to a managed change process, is to build on the Belfast Agreement / Treaty, by incorporating the Belfast agreement / Treaty and the constitutional principles contained therein; together with the agreed institutions supporting democracy, into a statutory entrenched NI Home Rule Bill of Rights and Freedoms. The development of a set of protective rights, specific to a new devolved Northern Irish Sovereign Home Rule Micro-State, relating to perceived superior absolute constitutional and inherent cultural, human and sovereign rights and freedoms; a set of NI citizen freedom of choice optional rights, aimed at assisting situations involving competing and conflicting rights. In particular, in relation to Christian conscience, equality of treatment, and the citizens freedom of choice optional rights; the European convention on human rights and freedoms 1950; and a standard set of civil and human rights; a Canadian style notwithstanding clause; a set of social, economic imperative rights. The proposed NI Home Rule Bill of Rights blueprint, will be supported by the adoption of a set of proposed peace process conceptions, incorporated into a Declaration by HMG and the Government of Ireland and into a Preamble to the Bill of Rights and Freedoms, ( for which contrition and a commitment to a managed change is not negotiable )? Thereby, establishing the entrenchment of the concept of “Northern Irish constitutional sovereignty”, as distinct from national sovereignty, supported by a Northern Irish supremacy law clause.
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