A Northern Irish Transitional Justice Home Rule Entrenched Bill of Rights and Freedoms.

The purpose of this blog is examine the main reasons why it is considered of paramount importance for Northern Irish citizens to agree to the statutory entrenchment of an NI Bill of Rights and Freedoms. 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 NI conflict. This is, irrespective as to 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 had allowed themselves to be owned by the empowered authorities, those who were the victims of emotional cowardice and or let themselves down, those who made the conflict about themselves, those who profited from the conflict, those who have been permanently criminalised for life; those who have been allowed to live in a circumstance of unequal power relations; and the Belfast Agreement / Peace Treaty? This International Anglo-Irish Treaty / Belfast Agreement 1998, amounts to a British Constitutional Declaration of Intent to withdraw from the public administration of Northern Ireland, subject to the the terms of the Belfast Agreement 1998. The prime objective of the Belfast Agreement 1998, was as a peace treaty – structured to accommodate a "constructed ambiguity," aimed at creating space to participate and develop the new political institutions. However, regrettably, the political institutions are operating at variance with the prime peace process objective of facilitating social cohesion and community integration? Thereby, rendering the Belfast Agreement capacity for full implementation and development, open to political sophistry. I.E. in an institutional and community situational positioning of an inconclusive political and cultural struggle. The central theme running through this transitional justice approach to the establishment of a statutory entrenched, Northern Irish Home Rule Bill of Rights and Freedoms. This is a continuous thread aimed at 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 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. Enabling a set of protective rights, specific to the new Northern Irish Micro State, specifically, relating to perceived superior absolute constitutional and inherent cultural human 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 require the support of an adoption of a set of 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, establishing the entrenchment of the concept of Northern Irish “Constitutional Sovereignty”, as distinct from national sovereignty, supported by a Northern Irish supremacy law clause. This transitional justice approach is assisted by a perusal of the processes of managed constitutional change in other rule of law democracies, with a jurisprudence based on the common law of England. Regrettably after thirty years of conflict and twenty years of the Belfast agreement. This peace process has stalled short of fully implementing the Belfast Agreement. In particular, an agreement to a Northern Irish Bill of Rights, mandated by the Belfast Agreement? The peace process is in danger of collapsing if Northern Ireland is taken out of the European Union ........................

A more detailed exploration of the evolution and development of constitutional, cultural and human rights and freedoms may be gained by purchasing the e-book entitled " A Northern Irish Transitional Justice Home Rule Entrenched Bill of Rights and Freedoms,

by John A. Coyle from kindle / amazon e-books for £2.00. Please note that e-book is one of seven e-books which forms a part of what the authors describes as an e-book "Treatise on a Northern Irish transitional justice managed change process".