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logoPublished on open Democracy News Analysis (http://www.opendemocracy.net)
Cornish Law
ByPhilip HoskingCreated 2009-03-19 15:09Back in February 2008 I bloggedfor OurKingdom concerning the Duchy of Cornwall. The articlewas called
Duchy or County - how would a modern Magna Carta look in Cornwall? 
[0] Over ayear later there seems to be a certain effervescence around this Cornish constitutional question.Okay it's not on the same level as the global economicdepression, but perhaps an update is inorder anyway. Hopefully it will give some of ourdemocratic republicans[0] something to mullover as well.In February this year an article was published inCornish World[1] magazine by Cornish lawresearcher andNotary Public[2] John Kirkhope. In -
The Duchy of Cornwall, a very peculiar 'private estate' 
- Kirkhope lists the array of unusual rights and prerogatives the Duchy has over the territory of Cornwall. In thisblog article[3] from Republic, Graham Smith describes one of these rights, namelyBona Vancantia[4], but it's far from the whole picture. Kirkhope goes intomuch greater detail listing for example:The right to appoint a sheriff; the rights not to pay tax; the rights to fundus and foreshore; theright to wreck; the right to summon a parliament; the rights to crown immunity and the right tointervene in court cases and demand a trial at bar amongst others.Did someone say 'just a private estate'?Prior to publishing Kirkhope sent copies of his findings to all five Cornish MPs. Two,AndrewGeorge[5] andDan Rogerson[6], responded and arranged to meet Kirkhope in Westminster sothat the researcher could expand on his findings. Both MPs shared Kirkhopes frustration atgovernments unwillingness to answer questions about the Duchy. It should also be noted thatAndrew George has shown a previous interest in ourconstitutional affairs[7].In the same month, and perhaps prompted by Kirkhopes presentation, Andrew George raised anumber of questions in parliament concerning the Duchy. These and the responses theyreceived can be viewedhere[8] on the new blog from the Duchy of Cornwall Human RightsAssociation (DCHA). Intelligently commented by Cornish activist John Angarrack thegovernment responses give the impression of officials more than ready to use doublespeak.So what can be deduced from these Ducal rights? What constitutional arrangement do they findtheir foundation in? Even if the Tamar and its estuary almost severe us from Devonshire,geographically, Cornwall is part of the island of Great Britain. Furthermore, in an administrativesense, Cornwall is clearly run as a county of England with a soon-to-be Unitary Authority. Nodoubt on these two points.Cornwall's
de jure
constitutional position is another story though. Is it part of the UnitedKingdom? Angarracks response is simple. On the big island the Queen/Crown is sovereignaccepting that is Cornwall where a second sovereign sits obscured by the governments andestablishments disinformation. A Duke happy to benefit from his extensive powers but unwillingto assume responsibility for the territory and people of his Duchy. The evidence and argumentsare complex but clearly explained on theDCHRA blog[9].
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