The JUSTICE proposals for “A British Bill of Rights” recognises at para. 39, page 29, that: “Over the past decade there has been increasing recognition that access to equality and protection from discrimination under UK law is piecemeal and, at times, ineffective”.
An ineffective remedy against the abuse of power can be attributed to the failure to secure a statutory guarantee for Sir Hersch Lauterpacht’s internationally recognised basic constitutional right to equality before the law. It is contended that the legacy of an authoritarian ‘rule of law’ continues to facilitate grace and favour government with the freedom to impose arbitrary decisions of bias and discrimination, in particular, to the prejudice of national minorities, such as the Cornish.
If the British Constitution were written, it would include:- “The Duke of Cornwall shall be the heir apparent. He shall have Cornwall as a Duchy and the right to control or intervene in proceedings affecting his rights, property or profits. Within Cornwall, He shall have the right to the King’s Writ and Summons of Exchequer, intestate estates, bona vacantia, foreshore, treasure trove, the stannaries, gold and silver and Tintagel Castle. The Duke and the Duchy of Cornwall shall have the right to a Trial at Bar, crown immunity from prosecution and exemption from the Land Registration, planning and Freedom of Information Acts”, etc. H.M. Treasury shall regulate as required by the Duchy of Cornwall Management Acts 1863-1982.
Duchy exemption from the Freedom of Information Act does not apply to the Crown Estate. The Crown Estate has confirmed that it has no holdings in Cornwall. It provides public benefits throughout the UK except Cornwall. The claim to private profit status for and on behalf of the Duchy of Cornwall has the result of preventing research into the history of the Duchy and the Stannaries. Independent research would raise questions concerning Duchy property acquisitions in Cornwall obtained through the agency of a Trial at Bar, the King’s Writ, Summons of Exchequer, crown immunity and other rights. Published by HMSO in 1978 as constitutional law, the Duchy Charters of 1337/8 provided for investment outside Cornwall, an income for the heir to the throne and relieved the English national majority of additional taxation.
The ‘private-crown immunity-constitution’ configuration blocks public accountability and condones official racial discrimination against the Cornish as is evident in their continuing exclusion from the Framework Convention for the Protection of National Minorities. The evidence suggests a parallel secret constitution to suppress both the history of the Duchy and the identity of the Cornish people. An accommodation was once reached with the Cornish national minority with the award of the veto included in the Charter of Pardon of 1508. However, although accepted in evidence at a Trial at Bar in 1829, the royal Pardon of 1508 is no longer officially recognised.
In our quincentennial year 2008, our web site essay on the Cornish veto contained within the Charter of Pardon of 1508, at www.cornishstannaryparliament.org launches the Charter Debate for 2008. (Date and venue to be notified).
Your answers to following questions would be appreciated.
Is a constitution for everyone necessary? YES/NO
Should the Cornish have a legal right to exist as a national minority? YES/NO