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Published on open Democracy News Analysis (http://www.opendemocracy.net)
Duchy or County - how would a modern Magna Carta lookin Cornwall?
ByCreated 2008-02-19 10:35
Philip Hosking (Cornwall,The Cornish Democrat
[1]
):
Jack Straw gave a speech at theGeorge Washington University about the UK's and USA's constitutional heritage and what aBritish Bill of Rights and Responsibilities might look like. The talk was entitled "Modernising theMagna Carta" - full articlehere[2].The Independent has also produced an article on the United Kingdoms constitution called;Whydoesn't the UK have a written constitution, and does it matter?[3] In the article Nigel Morriswrites: "Britain's constitution has developed in haphazard fashion, building on common law,case law, historical documents, Acts of Parliament and European legislation." Haphazard seems just a little euphemistic to me, but anyway: what would this constitutional arrangement look liketo the people of Cornwall if written down and how would our Cornish Duchy figure in it?If written, it would include:The Duke of Cornwall shall be the heir apparent. He shall have Cornwall as a Duchyand the right to control or intervene in proceedings affecting his rights, property or profits. Within Cornwall, He shall have the right to theKing's Writ[4] and Summons of Exchequer, intestate estates, bona vacantia, foreshore, treasure trove, the stannaries,gold and silver and Tintagel Castle (amongst other properties). The Duke and theDuchy of Cornwall shall have the right to a Trial at Bar, crown immunity fromprosecution and exemption from the Land Registration, planning and Freedom of Information Acts. H.M. Treasury shall regulate as required by the Duchy of CornwallManagement Acts 1863-1982Doesn't much look like the constitution of a modern and egalitarian democracy does it? Thesituation, as it stands today, has this feudal relic giving the heir to the throne unaccountable andundemocratic powers to the prejudice of the indigenous people of Cornwall as revealedhere[5]by the Cornish Stannary Parliament.A new constitution will have to tackle the 'national' question in an equitable manner for all theconstituent peoples of the UK as well as its crown dependencies and protectorates, but it would,of course, not be the first time that this question has been treated in the constitutionalconstruction of the English and later UK state.One previous settlement, whilstproviding the heir to the English throne with an income[6] - thusrelieving the English tax payer of the burden - recognised Cornwall's distinct position in theemerging state. The Duchy which it created is still with us today and is one of the 'haphazard'developments that governs us in a much less than transparent way.
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