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Referendum Commission misleading information


MrD011

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May 12, 2011
Messages
2,270
I'm sure many people now would have seen the Referendum Commission's TV Advert for the Children Referendum , if not here is the link

The Advert starts off with the following statement .

"A lot of People say we have no control over how this Country is run but in reality we have the final say on the most important document in our society . Our Constitution. "


lets look at the above statement a bit closer , it is correct to say that we have the final say on our constitution but even if we allow for this , it is untrue and misleading to imply that because of this we control our country .

The Eleventh Amendment of the Constitution of Ireland (Maastricht) inserted Article 29.4.5 into our Constitution . This Article reads as follows:

"No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of the European Union or of the Communities, or prevents laws enacted, acts done or measures adopted by the European Union or by the Communities or by institutions thereof, or by bodies competent under the Treaties establishing the Communities, from having the force of law in the State. "

Therefore from the above Article we see clearly that EU law supersedes our constitutional law and therefore the Referendum commission are wrong to imply that the ability to amend our constitution means that we control our country.


So my questions are as follow .

1) what was the purpose of making this statement , is it perhaps to mislead Irish People into believing that no matter what happens they will always control their country or something else.

2) should the statement in light of the above , now be retracted and a public apology issued by the commission.
 


Tawdy

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Sep 4, 2011
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4,532
My Oh My! We did get out of the wrong side of the bed this morning did`nt we?

What is already enshrined in law is. If you object to the Referendum that is proposed then go to the Op on that issue. Idiot! :roll:
 

ShoutingIsLeadership

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Jan 17, 2011
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50,439
Referendum Commission misleading information

How dare it mislead that poor information? What has information ever done, to deserve being misled like this?

I demand action.
 

Trainwreck

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My Oh My! We did get out of the wrong side of the bed this morning did`nt we?

What is already enshrined in law is. If you object to the Referendum that is proposed then go to the Op on that issue. Idiot! :roll:
I think he is pointing out that the Constituition is no longer "the most important document in our society" as it is subordinate to our obligation under the Treaty of Rome and subsequent European treaties and law..
 

statsman

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Feb 25, 2011
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Referendum Commission misleading information

How dare it mislead that poor information? What has information ever done, to deserve being misled like this?

I demand action.
We need a constitutional amendment on informational rights.
 

Asparagus

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Apr 7, 2010
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I would question the "State as guardian of the common good"
plus they aren't great at picking photographs that are on theme with the content of the referndum.


Referendum 2012

 

Spanner Island

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Feb 22, 2011
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I'm really beginning to hate the idea of referendums...

They're a f***ing pain in the arse and seem to bring every nit picking anorak wearing arsehole in Ireland out of the woodwork...
 

Asparagus

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I'm really beginning to hate the idea of referendums...

They're a f***ing pain in the arse and seem to bring every nit picking anorak wearing arsehole in Ireland out of the woodwork...
What has Bertie been saying on the matter -
 

livingstone

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Really? That's the best you come up with? Really?

The Constitution is supreme inasmuch as EU supercedes the Constitution only inasmuch as the Constitution allows it to (that's why we always have a referendum on EU treaties) and it is open to the Irish people to amend the Constitution again to undo the assent for the European treaties if they wished (that would necessitate withdrawing from the EU, but the choice is there).
 
D

Dylan2010

I would question the "State as guardian of the common good"
plus they aren't great at picking photographs that are on theme with the content of the referndum.


Referendum 2012

a funny set of characters, there is only one man in the photo that you could call a "dad" figure , the guy on the right...Im not too sure I'd leave my kids with him, looks a bit dodgy then we have "token" got the pc box ticked, apart from that they all look very middle class. I think the message is if you are a traveller or working class we are coming after your children?
 

MrD011

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May 12, 2011
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Really? That's the best you come up with? Really?

The Constitution is supreme inasmuch as EU supercedes the Constitution only inasmuch as the Constitution allows it t
no its the other way round , read the Maastricht treaty insert "carefully" , the constitutional law is only valid in so far as it does not conflict with European Union law .
 

ShoutingIsLeadership

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a funny set of characters, there is only one man in the photo that you could call a "dad" figure , the guy on the right...Im not too sure I'd leave my kids with him, looks a bit dodgy then we have "token" got the pc box ticked, apart from that they all look very middle class. I think the message is if you are a traveller or working class we are coming after your children?
Or black, or disabled. Unless, that is, the photo is cropped badly and we just can't see the black and asian, transgender, homosexual, traveller couple in wheelchairs.
 

statsman

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Or black, or disabled. Unless, that is, the photo is cropped badly and we just can't see the black and asian, transgender, homosexual, traveller couple in wheelchairs.
None of that lot would be Mere Irish or Fíor-Ghael; do we let them vote?
 

SilverSpurs

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Nov 27, 2009
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5,550
Really? That's the best you come up with? Really?

The Constitution is supreme inasmuch as EU supercedes the Constitution only inasmuch as the Constitution allows it to (that's why we always have a referendum on EU treaties) and it is open to the Irish people to amend the Constitution again to undo the assent for the European treaties if they wished (that would necessitate withdrawing from the EU, but the choice is there).
As of the Treaty of Lisbon unilateral withdrawal from the EU is no longer legally possible so even if we repealed article 29.10 of bunreacht we would remain members of the EU and subject to EU law until the withdrawal negotations concluded. So the OP has a point albeit a rather moot one in this context.
Where the refcom is guilty of spin here is calling it the "children" referendum which is re-stating yes camp slogans as "impartial".
 

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