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Thousands died for the Irish state - Europe just erased their sacrifice

By Gary Johns - posted Monday, 19 June 2017


The matter thereafter revolved around the concept of "citizen" or "person" in the language of the constitution. The court found that the obligation to hold persons equal before the law "as human persons" meant that non-citizens might rely on the constitutional rights, "where those rights and questions are ones which relate to their status as human persons".

The court delved deep into the Catholic social justice playbook in finding that the constitution, "if anything more aptly than the ­European Convention on Human Rights", permits and "perhaps encourages … the development of the human personality in his or her relations with other persons".

The court decided that it could "not accept that if a right (to seek work) is in principle available, that it is an appropriate and permissible differentiation between citizens and non-citizens, and in particular between citizens and asylum-seekers, to remove the right for all time from asylum-seekers".

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"The damage to the individual's self-worth, and sense of themselves, is exactly the damage which the constitutional right seeks to guard against. The affidavit evidence of depression, frustration and lack of self-belief bears that out."

The effect of this decision is that the Irish state, for which thousands have died, has just been neutered. All other things being equal, Ireland will have to be less generous in granting asylum because the court has found new rights for asylum-seekers.

As if to poke the government in the eye, the court adjourned consideration for six months and "invited" the parties to make submissions on the form of the order. The arrogance is breath­taking.

If Irish constitutional thinking reflects Europe, and it appears to, then May must take Britain out of Europe and restore sovereignty and secure British borders.

In time, citizens will reward her and her party.

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This article was first published in The Australian.



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About the Author

Gary Johns is a former federal member of Parliament and served as a minister in the Keating Government. Since December 2017 he has been the commissioner of the Australian Charities and Not-for-profits Commission.

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