Citizen Journalism: Jack Russell our beloved canine friend and mentor RIP today. Selection of contributions to citizen journalism by Michelle Clarke

13th March 2016: hearts broken.  The decision had finally come to the stage that any longer we were asking our best friend to suffer life in distress.  Our friend Sally at 12 midnight brought us to UCD ‘University College Dublin’ 24 hour service Veterinary care, on the grounds of Belfied, Dublin 4.  The dignity which was afforded to him can only be a comfort for our anguish now.  Our dear canine friend ‘Grandpa’ in latter years Jack Russell has moved to the spirit world and the sadness is overwhelming.  The message is life is about loss and learning to live on.  Some articles penned in the name of our great friend Jack Russell in the early days.  The kindness of the staff at UCD to the animals and their owners is exceptional and thank you for this.

August 02, 2007 23:43
Ireland near worst in Europe in our treatment to killing dogs; it takes Sweden to observe and help

 by Jack Russell – Social Justice and Ethics


 

Shame on us in Ireland.

When will we give dogs the recognition they deserve.

Sweden thankfully have identified our ignorance towards dogs and a Swedish woman reacted by setting up a Rescue Centre in Sweden, obtaining funds, and working with rescue centres here to house the unwanted and often tortured animals. In 2005, we put down over 25,000 dogs; presently it is about 16,000 dogs per year.

Does anyone watch Crufts https://www.crufts.org.uk/? Does anybody know what these dogs can do if given training? We all know about Dogs for the Blind. Now, we have dogs for Autistic children to help them gain the confidence to integrate in a society that can be so hostile to their heightened sense of awareness.

There are Alert Dogs for the elderly, they are primed to phone 999 or set off an alarm.

For people with epilepsy – dogs at a more acute sensitivity predict the fit.  What a bonus a dog is to such a person.

Again I say well done Sweden but then again I would expect no less. It is the Nordic countries that show high regard for the Third World contributing both their time and money.

One suggestion:  How alert is our Department of Environment to Science? Pubs, restaurants, coffee shops are still hostile to the dog as if it holds manifest bacteria; I ask is this an excuse – maybe they fear the dogs would scent out illegal drugs!!! or maybe some rodents!!! The Americans and Europeans seem to have overcome this one.

Science is they say to learn……well, as a person with quite a few disabilities, I took to getting the American Scientist magazine when I can. Last September, there was an article I found about Pets and Children. Western Australia University research found that contrary to common belief – Children and Pets may derive benefits…..it is to do with interchange of bacteria that increases the child’s immune system.

In the Ireland of today – the MRSA, the other public health issues – surely we need to think and put an end to hideous cruelty to animals.

Jack Russell

Quotation:
Bertolt Brecht : German playwright. Here and Now……….
‘Don’t be afraid of death so much as an inadequate life’



Personal commentary will follow but note these words were written by Jack Russell who travelled far and wide in Dublin 4 and Dublin 6.  This is the year 2006 and with our disparate Government in Limbo this St Patrick’s Day, nothing has changed; people were being evicted even before the Recession of 2008.  Now shamefully we have 1600 children living in hotel rooms; 37,000 people are more than 2 years in arrears and families are facing eviction.

Aoine October 20th, 2006 14:05
Evictions/Ejectments Dublin 4 and no comments why?
author by Jack Russell – Rat Catcher

I am really surprised no-one, not even the Irish Property Owners Organisation or the Property Residential Board i.e. the tribunals or social services, or Threshold and housing agencies have replied.

These people are human beings who have worked many years and contributed to our tax system. Rather than apply for social housing back in the 1930’s and 40’s, 50’s, they chose another route. It was covered by the the Pre 1963 legislation which allowed owners of large houses to become private landlords charging rents and being allowed to divide their homes into the maximum tenancies.

Just think of the areas – Rathmines, Ranelagh, Wellington Road, Elgin Road, Waterloo Road; this policy was replicated throughout Ireland and Dublin. Who owns some of these near derelict properties with people living in some cases with no electricity?

A lot of people came up from the country and worked in our Civil Service, Banks, schools etc.   They are now in retirement and without homes and so very vulnerable to the markets for property prices fast rising.

Surely, they have a right of tenancy if they have lived in a property for over 40 years? Do these people deserve to be harassed by a system that is governed by greed, pomposity, lacking in compassion. Where is the protection? Where is the law? Do people realise that now Government say they endorse social housing as distinct from prior policies – we now have no real stock of corporation houses to sell off to owners who wish to buy them.

The IPOA report that private owners feels hard done by given the Government policies in providing housing for Govt. tenants and that the rate of return on renting out a house can be a low as 3.5%.

Doesn’t sound too much to me for the responsibility involved in being a landlord, if we ever hit negative equity…….. (and so we did but that thankfully this period may be over by 2019 according to the ESRI).  Me seriously I have my doubts.

Some integration is needed. Where a person is to be ejected by the Sheriff for having lived in her flat for nearly 30 years, the Health Services, the Legal Services, Threshold or the Like, etc ought to negotiate their rights under the 1980 Law, Section 17, rather than smother them from the facts in a bloated bureaucracy that ensures a path to homelessness.

Jack Russell (Really concerned about what is happening to certain vulnerable people)

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ESSAYS: TRINITY COLLEGE DUBLIN: Business Economics and Social Studies 1997/98 – LAW ESSAY: ABORTION by Michelle Clarke

DESCRIBE THE TREATMENT OF ABORTION UNDER THE VARIOUS SOURCES OF IRISH LAW, INVOLVING THE EVOLUTION OF THE CONSTITUTIONAL RIGHT TO LIFE OF THE UNBORN WITHIN THE IRISH CONSTITUTION. SUGGEST REFORMS OF THIS LAW WHICH WOULD MAKE IT MORE JUST, AND LESS OF A CAUSE OF CONSTITUTIONAL CRISIS.

Written by Michelle Clarke 1998-1999: Lecturer Professor Neville Cox

 

To discuss Abortion within context of Irish Law, it is necessary to examine its origin. It was part of the English law. The Offences against the Person Act 1861, section 58 which applied until the 1937 Constitution. S.58 OAPA states:

‘Every woman, being with child, who, with intent to procure her own miscarriage, shall unlawfully administer to herself any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, and whosoever, with intent to procure the miscarriage of any woman….shall be liable… to be kept in [imprisonment] for life’.

29th December 1937 the Irish Constitution – which was coloured greatly be the dominant Roman Catholic ethos of that time, came into existence. The pledge to ‘adopt’, ‘enact’, and to ‘give to ourselves’ in this Constitution forms the foundation of a very different approach to the sanctity of the life of the unborn and a Mother’s choice viz a viz England. Article 40.3.3 of the Irish Constitution governs abortion. The words are to be interpreted by the Judiciary and this essay, inter alia, reviews these decisions and their impact.

Article 40.3.3. (as amended in 1983)
‘The State acknowledges the right to life of the unborn, with due regard to equal right to life of the mother, guarantees in its law to respect, and, as far as practicable, by its laws to defend and vindicate that right’.

The Irish constitutional position as stated in Article 40.3.3. became the precedent to be interpreted by the Judiciary. R. v. Bourne 1939 1KB 687 did not apply other than on a persuasive basis. In McGee v. Attorney General 1974, the Supreme Court ratio stated that a married family enjoyed a constitutional right to privacy which encompassed the right to obtain contraceptives. It was not expected that this issue would raise the issue of abortion. In the Griswald v. Connecticut 1965 case, the US Supreme Court stated a right to marital privacy and the use of contraceptives. By 1973, this right had been extended in Roe v. Wade to a full right privacy (not just for married couples) and it included the right to have an abortion. This significance of the Irish McGee case was that it too established the right to marital privacy. This was an implicit interpretation by the Irish Supreme Court Judiciary of Article 40.3.3. of the Constitution and this alerted those concerned with the moral issue of the equal right to life of the unborn.

The change in US law re. abortion and the liberalised approach in Europe meant that those who did not want abortion had to act to differentiate Ireland and prevent its introduction. This group of people became known as pro-lifers formed PLAC in 1981, the objective was to persuade the Government to amend the constitution: ‘Some Irish commentators argued that McGee had similar potential and that a constitutional amendment was necessary in order to prevent an undemocratic usurpation by a future generation of Irish judges of the right of the electorate to determine abortion policy’: (Kelly, 1994). It was a period of governmental instability but within 3 months, PLAC had a guarantee from both C.J. Haughey, Fianna Fail, and Garrett Fitzgerald, Fine Gael that they would endorse a constitutional amendment. It was time of political turbulence. C. J. Haughey produced the wording of the Amendment, it was endorsed by Garrett Fitzgerald when he came to power.

What is interesting to note is that Peter Sutherland, Attorney General noticed flaws in the wording, firstly it prevented people from their right to travel and secondly it allowed women to have an abortion in Ireland. The outcome was that G. Fitzgerald stated he wanted to apply his own wording – the Constitution could not be seen to include a right to abortion in Ireland. However, the proposal was rejected. The electorate gave its approval to the first paragraph of Article 40.3.3. on 7th September 1983. Worthy of note is that this amendment was proposed and pioneered outside the political system – it was the electorate who were promoting proposals for electorate and legislative changes.

This problem alleviated, the next concern for the pro-lifers was the impact of Ireland’s membership of the European Union. Attention was drawn to a series of cases involved in preventing the operation, in Ireland, of abortion referral services. Two new dimensions were added. Application by one set of defendants to European Court of Human Rights (“ECHR”) and the other to the European Court of Justice (“ECJ”), the former being persuasive while the latter is the supreme source of law since Ireland was ratified into the European Union in 1973.

The first relevant case was Attorney General (Society for the Protection of Unborn Children (Ireland) Limited v. Open Door Counselling Ltd 1988. The concern of SPUC was the women who travelled to England to have an abortion. Their attention was focused on institutions providing information on services available. They targeted the Well Woman Centre and Open Door Counselling. SPUC did not have the necessary locus standi i.e. the proof to state that they were directly affected so utilised the route via the Attorney General. They applied for an injunction restraining the defendants i.e. the two counselling agencies, from assisting pregnant women ‘to travel abroad to obtain abortions by referral to a clinic, by the making of their travel arrangements or by informing them of the identity and location and method of communication with a specified clinic or clinics’. The case came before Mr. Justice Hamilton and the defences which included, contrary to freedom of expression, right to travel, right to privacy etc. were rejected by him. He did not consider the words of the amendment – he stated that it was anti-abortion. He granted an injunction stopping non-directive counselling. The case was appealed to the Supreme Court who upheld the decision. Finlay C.J. said there was no constitutional right to information about the availability of a service of abortion outside the state which, ‘if availed of, would have the direct consequence of destroying the expressly guaranteed constitutional right of the life of the unborn’. At this point, the Irish Supreme Court gave a decision that abortion was absolutely prohibited and moreover all its manifestations, namely the right to travel and freedom of expression.

In The Society for the Protection of Unborn Children (Ireland) Ltd. v. Coogan 1989, a majority of Supreme Court held that the plaintiff society had sufficient locus standi to bring an action enforcing compliance with Article 40.3.3. McCarthy J dissented saying ‘I confess to a feeling of great unease at the prospect of any person or group of persons….being held competent to take an action of this kind without the intervention of the Attorney General, despite his offer of assistance’. But the Ratio stood and the SPUC could now take the action directly.

SPUC then turned its attention to the Students Union publications. The 1988 Student Union Magazine contained sections on pregnancy and sub-section on abortion as an option to an unwanted pregnancy. It listed the names and addresses of clinics in England. SPUC took an action against the Student Union leaders in the case SPUC (Ireland) v. Grogan 1989. The concern was the distribution of information about abortion services outside the state, by three student unions. In the High Court, Carroll, J pursuant to Article 177 of the Treaty of Rome, referred the case to the ECJ, a court whose decision is precedent in Ireland. Carroll, J wanted a preliminary ruling on certain aspects of European Law. She did not give a decision and the Plaintiff SPUC applied to the Supreme Court against the High Court – they wanted an injunction and were not prepared to wait 18 months for the ECJ decision. The Supreme Court decided to grant and injunction. Finlay, C.J taking a similar approach to the Open Door counselling case said ‘…..an application to restrain an activity in the destruction of the right to life of the unborn child, a right acknowledged and protected under the Constitution. That constitutionally guaranteed right must be fully and effectively protected by the courts’. He went on to say, if the ECJ ruling required change, that the courts would review at that time. SPUC proved to be tactical achieving its aim and moving the cases to the Supreme Court virtually guaranteeing a consistent approach conducive to their wants.

The Open Door Counselling decision from the “ECHR” was completed on 7th March 1991. The Commission held by a majority of 8 to 5 that the injunction granted by the Supreme Court violated Article 10 of the Commission. Article 10 guarantees freedom of expression. However, 6 took the view that the injunction was not covered by Article 10(2) which permits certain restrictions to freedom of expression. They said the activities of the defendants were not proscribed by law and that the terms of Article 40.3.3. were insufficiently precise to be covered by the restrictions. This was a recommendation and thereby not binding. Seven months later the “ECJ” ruling stated that termination of pregnancy, performed in accordance with the law of the State in which it is carried out, constituted a service within the meaning of Article 60 of the Treaty of Rome. The Court held that it was not contrary to EC law for Ireland to prohibit the defendants from distributing information about abortion clinics in other jurisdictions where those clinics have no involvement in the distribution of the information. What this in fact meant is that if Open Door Counselling had a commercial relationship with a foreign clinic then the information could be disseminated in Ireland in accordance with EC law. The ECJ did also suggest that any law preventing travel re. abortion was invalid. No direct clear statement was made on this divisive issue by the “ECJ”.

7th February 1992, the Irish signature was required to the Maastricht Treaty. The Irish Government were concerned about the implications of the EC ruling. They lobbied their EC partners for adoption of Protocol 17, which states:-

“Nothing in the Treaty on the European Union or in the Treaties establishing the European Communities or in the Treaties or Acts modifying or supplementing those Treaties shall affect the application in Ireland of Article 40.3.3 of the Constitution of Ireland”.

The next issue on the agenda was the right to travel. The reference in Protocol 17 is to 40.3.3. at the time of signing the treaty, not a subsequent altered article. Ireland was not free to alter this article of the Constitution in the context of the exception made by Protocol 17.

10 days after the signing of the Maastricht Treaty, Costello, J. in the High Court granted an injunction which prevented a 14 year girl who as a result of rape was pregnant, from traveling to England to procure an abortion. The case was Attorney General v. X and others 1992. The defendants claimed that the Mother’s right to life was prejudiced because a real possibility existed that she would commit suicide. Costello, J. said:- ‘I am quite satisfied that there is a real and imminent danger to the life of the unborn and that if the court does not step in to protect it by means of the injunction sought, its life will be terminated’. He referred to the risk that the mother would take her own life but regarded it to be lesser than what would happen to the foetus. Hence the decision. ‘It seems to me, therefore, that having regard to the rights of the mother in this case, the court’s duty to protect the life of the unborn requires it to make the order sought”.

Costello, J went on to review European law in the context of the case stating that Ireland could derogate from it if it was substantially different to Irish social policy. The outcome was massive publicity and the issue projected onto the public arena once more and the matter was again to be reviewed by the Supreme Court. 26th February 1992 an ex tempore ruling lifted the injunction, the full judgments were subsequently delivered on 5th March 1997. Again Finlay, CJ, presided. The issue was the 1983 amendment. Did it allow abortion and if so under what circumstances? Finlay, C.J. said ‘it leads me to the conclusion that in vindicating and defending as far as practicable the right of the unborn to life but at the same time giving due regard to the right to the mother to life, the Court must among other matters to be so regarded, concern itself with the position of the mother within the family group, with the person on whom she is dependent, with, in other instances, persons who are dependent upon her and her interaction with other citizens and members of society in the areas in which her activities occur…

The Ratio:

“I, therefore, conclude that the proper test to be applied is that if it is established as a matter of probability that there is a real and substantial risk to the life, as distinct from the health, of the mother, which can be only avoided by the termination of her pregnancy, such termination is permissible, having regard to the true interpretation of Article 40.3.3. of the Constitution”.

He accepted suicide as a sufficient threat. Three other judges forming the majority concurred. McCarthy, J. said ‘On the facts of the case, which are not in contest, I am wholly satisfied that a real and substantial risk that the girl might take her own life was established: it follows that she should not be prevented from having a medical termination of pregnancy’ What is interesting is the Obiter Dicta by McCarthy, J. concerning the right to travel, an issue which subsequently resulted in an amendment. ‘It cannot, in my view, be curtailed because of a particular intent’. He gave the example of a person stating their intention to explode a bomb in another state and that they cannot be legally restrained from leaving the country for that purpose. Again Obiter he condemned the failure of the legislature to enact the necessary legislation regarding Abortion. Justices Egan and O’Flaherty agreed with decision but disagreed with McCarthy J. regarding the right to travel. Egan, J. agreed with Finlay C.J. that the right to travel could not take precedence over the right to life of the unborn.

Hederman J. dissented. He was not satisfied with the threat of suicide. He said ‘suicide threats can be contained. The duration of the pregnancy is a matter of months and it should not be impossible to guard the girl against self-destruction and preserve the life of the unborn at that time….’. However, overall, it appears that the Justices considered this and decided the threat is not so easy ‘to contain’. The majority judgments equate the threat of suicide with life-threatening medical conditions of a physical nature as a real and substantial risk to the life of the mother. Finlay, C.J. used common sense in support of the proposition that it would be “almost impossible” to prevent the defendant from suicide.

The campaigners for the introduction of 40.3.3. were disturbed by the broad interpretation given to the right to life of the mother v. the unborn by this judgment. Meantime, pro-abortionists were concerned about the ratification of Protocol 17 and the possibility that the right to travel by women choosing to have an abortion in England would be stopped and of major significance was the fact that three members of the Supreme court in AG v. X and Others 1992 envisaged that the constitution right to travel could be restrained in order to protect the right to life of the unborn. The X decision also highlighted the existing constitutional ban on information re. abortion services abroad. The Supreme Court decision ruling appeared to state that women who’s lives were at risk could not lawfully be denied information.

The next stage was the approach by the Government to seek an amendment to Protocol No. 17 which would ensure that EC law rights to travel and information would continue to be available to Irish citizens after the ratification of the Treaty of Rome. Other EU members would not re-open this issue. The Government had to settle for a Solemn Declaration. They gave the following legal interpretation:-

‘that it was and is their intention that the Protocol shall not limit freedom either to travel between Member States or, in accordance with conditions which may be laid down in conformity with European Law, by Irish Legislation, to obtain or make available in Ireland information relating to services lawfully available in member states’

In August 1992, Morris, J gave judgment applying principles stated by the Court of Justice in the Grogan case. The defendants contended they had the right to provide pregnant women with information and that a right to travel to England for an abortion applied. According to Morris, J. this contention ignored the finding of the Court of Justice i.e . it was not contrary to EC law where clinics providing such services had no involvement in the distribution of this information. The defendants also submitted that given the decision in the X case, it was now permissible to communicate information about abortion services to persons covered by that ruling. However, this argument was dismissed – the defendants had not limited the provision of information to persons coming within the scope of the X case.

2 months after the Morris, J. judgment, the “ECHR” handed down its decision in the appeal taken by Open Door and Dublin Well Woman clinics. A majority decision ruled that the restriction on the freedom of the applicants to give information was “prescribed by law”. They also accepted that the restriction had a moral origin but they held that the restriction was disproportionate to the aims pursued and was contrary to Article 10. One month after the “ECHR” delivered its judgment in the Open Door case, the public had the option to amend the Constitution. 25th November 1992, three separate proposed constitutional amendments were put before the electorate. Two of the proposals guaranteeing freedom to travel and freedom of information were included in Article 40.3.3. The further proposal to permit abortion where such was necessary to save the life, as distinct from the health, of the mother where such life was at risk from an illness or disorder of the mother, other than suicide, was defeated.

The litmus test in determining when abortions may lawfully be carried out in Ireland is contained in the majority judgments in the AG v. X – this holds that an abortion is permissible only where the continuance of the pregnancy constitutes a real and substantial risk to the life of the mother. This implies that the risk to the health as opposed to the life of the mother is insufficient to justify an abortion. The risk cannot be theoretical, it must be real and substantial, if the abortion is to be lawful.

In 1995 the Minister of Health proposed an Abortion Bill. Much condemnation was received. In 1996, the Government set up the Constitutional Review Group who found the abortion aspect unsatisfactory and suggested an approach by legislation. Garret Fitzgerald wrote to the Irish Times and suggested no Bill would be constitutionally acceptable and that a mix between legislation and an amendment to the constitution would be the best option.

1997. The Grogan case again came before the Supreme Court. Morris, J. H.C. had granted a full injunction against the students. The Supreme Court lifted this injunction thereby overruling previous cases on information.

REFORMS:-

Personally I think it is time for the legislature to intervene. Interpretation of the constitutional wording which has to be amended based on evolutionary process of interpretation for our Supreme Court judiciary requires clarification. As Ireland, like America, is based on the English Common Law system, I think it appropriate to look to the events which brought about the 1967 Abortion Act. R. v. Bourne 1939 widened the interpretation of this Act which in turn resulted in the Abortion Act 1967. In this case, similar in certain ways to the X case, a child was the victim of a multiple rape. It was a highly emotive issue. The gynaecologist performed the abortion, justifying his action on health grounds. He was acquitted after a favourable direction by Macnaghten J. The judge rested his direction on the use of the word ‘unlawfully’ which he took to mean that some termination’s of pregnancy were lawful. He also relied on the doctrine of necessity and said “the unborn child in the womb must not be destroyed unless the destruction of that child is for the purpose of preserving the yet more precious life of the mother”. The decision seems just. Initially there was hostility in England to it. This problem was common to all Christian countries that started with an unqualified prohibition of abortion. Ireland resolved its problem by closing its eyes to the so-called exodus to England, and only as people became more educated and looked to their intrinsic rights of choice, did the matter appear before the Courts in the late 1970’s. The law still relies on the Ratio of the X Case and the latest amendment to the Constitution. Based on this, surely it is time to have a similarly worded Statute to the English 1967 Abortion Act.

Abortion Act 1967
s.1(1)(a) ….that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family; or

s.1(1)(b) that the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman; or

s.1(1)(d) that there is a substantial risk if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.

No doubt objections would be raised to the mental health issue and particularly where it concerns ‘existing children of her family’. Mental health is relevant. Hederman, J dissented in the X but no-one examined the reality of depression and suicide. No case law exists in England but the phrase is capable of wide interpretation. Mental illness may include a depressive psychosis, and moreover the British Medical Association recognises that a termination may properly be advised on account of a reactive depression ‘which is a pathological state of hopeless despair resulting from circumstances’. The World Health Organisation do not require a psychiatrist’s opinion and define it as ‘the state of complete mental, physical and social well-being, and not merely an absence of disease or infirmity’. Gynaecologists who take this view do not need to refer to a psychiatrist. The whole area of mental health needs to be outlined viz. a viz. abortion. Suicide is definitely taken into account in England because it indicates the depth of the woman’s depression. Since the decision in R. v. Bourne, to the 1967 Act and the judicial interpretation thereafter, concepts are moving along in line with the times people live in.

Section 1(1)(a) could exclude ‘or any existing children of her family’ if a similar Irish provision was permitted in a newly drafted stature. Likewise s.1(1)(d) is not likely to be accepted yet in Ireland but it is an issue which will require attention shortly. The foetal ground in s.1(1)(d) relates to the welfare of the parents. The philosophy of the Act is that it allows termination only where the child if born would be seriously handicapped, not where it is merely carrying undesirable genes.

The philosophical debate is whether a difference in moral status between the foetus and the child born. The early Church held that the soul entered the foetus at some time after conception i.e. the theory of mediate animation. The Common Law assumed this theory and fixed the time at quickening, when the foetus moved in the womb (approx. at 20 weeks). An abortion pre. quickening was not punished at common law and even thereafter it was not deemed murder, because no ‘reasonable creature’ was involved. The Roman Catholic Church had never regarded quickening as decisive to the entry of the soul and during the 19th century, most theologians followed the immediate animation theory i.e. the soul at moment of conception. Yet if this is the case – what is implantation about? Implantation is what is relevant i.e. the fertilised egg stays in the uterine tube, then descends to the uterus and about 10 days thereafter implants itself to the uterine wall. This means that certain methods of contraceptives and the morning after pill do not necessitate legal proceedings and yet the whole moral issue seems to be related to the predominance of Catholicism in Ireland and if so this surely this indicates that the goal posts have been changed. Is there a difference between the abortion of a 3 month foetus and using the abortifacents prior to the implantation rule?

To conclude, it is apparent that this emotive issue is easier not dealt with. It is crisis led and in the absence of suitable statutory legislation, the decisions rest yet again with the Supreme Court to interpret the Constitution. Social issues need to be addressed, mental health needs to be addressed, words within the Article 40.3.3. need to be clearly defined. Hopefully, the suggestions of the Constitutional Review Group will be acted on.

Michelle Clarke

4th March 2016.  No amendments.


BIBLIOGRAPHY:
Constitutional Review Book, 1996
Criminal Law Statutes, 1995. London: Sweet and Maxwell.
Kelly, J.M. 1994, 3rd Edition. The Irish Constitution. Dublin: Butterworths.
Williams, Glanville, 1958. Textbook of Criminal Law.
Whyte, Gerry, Abortion and the Law. Article.

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NAMA – 2009- BBC SPOTLIGHT PROGRAMME 1ST MARCH 2016: FINANCIAL RUIN IN IRELAND: WHAT DID WE LEARN FROM OUR HISTORY? by Michelle Clarke

michelleclarke2015's avatarcanisgallicus

NAMA – Words, Sentences, Theories Abound In Ireland

March 1st 2016:  BBC Spotlight programme which has placed NAMA at the centre of US Security Exchange Commission “SEC” investigations; and the Northern Ireland Crimes agency.  Two points: The Criminal Assets Bureau “CAB” who have successfully investigated in detail the fraud charges against Mr “Slab” Thomas Murphy are noticeable by their absence in this quite shocking corruption that implicates NAMA based in Dublin and the North of Ireland.  Secondly, the absence of Sinn Fein.

This BBC Spotlight programme highlights the corrupt endeavours of such a political heist by people in power in Northern Ireland.  BBC Spotlight thankfully undertook to engage in this damning investigation of NAMA one the world largest holders of property and what is in effect corruption and insider trading.  The Securities Exchange Commission “SEC”  in the US are investigating this under their legislation relating to insider trading, bribery, and…

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ESSAYS by Michelle Clarke: Trinity College Dublin: Economy of Ireland in the 1990’s and early 2000. BREXIT makes this relevant.

ESSAYS: Trinity College Dublin. (Business Economics and Social Studies Professor O’Hagan).  Economic History Ireland.

“In a free Ireland, gracious and useful industries will supplement an improved agriculture, the population will expand in a century to 20 million and it may even in time go up to 30 million” (Padraic Pearse 1916) (Leddin, 1998: 22).

It is said that history gives perspective and to review the case of Ireland’s impressive economic growth in the 1990’s and continuing into 2,000, it is necessary to draw brief reference to the economic foundations, the positive and negative policies adopted by Governments, all with one mission in mind, i.e. Economic Growth. I have used the above quote to identify the ‘Ideal’ of 1916 which re-emerged in the 1930’s under the de Valera administration for nearly 20 years. Firstly, I will provide a brief historical outline. I then define and briefly elaborate on economic growth and the services sector. Under the heading, Explanations for Economic Growth, I review EU membership, the European Monetary System, Convergence Criteria as outlined in the Maastricht Treaty, Structural and Cohesion Funds, Employment, Cross-Border Electronic Commerce, Education, the North of Ireland. I then proceed to review the Sustainability of Economic Growth and the Initiatives/Frameworks used by the Irish Government to promote Economic Growth. April 2000 is appraised and prior to the conclusion, I review those factors which could hinder Economic Growth.

HISTORY:-

Why was there virtually no economic growth since Ireland gained Independence in 1921 and what changed in the 1990’s?. The de Valera administration was committed to a self-sufficient Ireland and agriculture was identified as the engine of economic growth. The Control of Manufactures Acts in 1932-34 virtually excluded foreign investment. The objective was to develop home-industries and engage in labour intensive agriculture. Ireland between 1932 and 1966 was probably one of the most heavily protected countries in the world and per consequence this explains mostly the non existent economic growth during the period.

From 1961 to 1980, there was growth but not at the same pace as other European countries. Emigration is very much a feature of Irish history and was the option taken by Irish people. Unemployment/underemployment was the main motivator to emigrate. Since the 1960’s, the core policy in Ireland has been based on the Irish Growth Model. This provided financial inducement to foreign companies to establish manufacturing bases in Ireland. However,  the vulnerability herein was that foreign firms could leave at will and this left the manufacturing sector vulnerable, particularly as 46% of all industrial jobs were with foreign companies. The recession in the 1980’s was particularly severe resulting in many people having to emigrate and mass unemployment. Many US firms did take the option to leave. This quote from the Economist provides material for thought:-

‘Three decades ago, multinationals were already widely denounced as big, irresponsible monopolistic monsters. But then they went through a period of being sneered at as conglomerates, before being lauded in the 1990’s (including by third-world leaders….) as the bringers of foreign capital, technology and know how…thus the Irish sometime fret about the fact that foreign firms account for almost half of their country’s employment and two-thirds of its output’. Economist, 2000: 19)

DEFINITION OF ECONOMIC GROWTH:-

How is one continent rich while another remains poor – the same applies to one country in terms of another?

‘In the long run, economic growth takes place through the accumulation of physical capital, through the accumulation of human capital and through improvements in resource allocation and technology, perhaps associated with institutional progress. This in turn implies that sources of economic growth are to be found in: (i) the level of savings and investment, which determines the rate at which capital is accumulated; (ii) education and training, which determines the rate at which human capital is accumulated; invention (the discovery of new technology) and innovation (the implementation of new technology; (iv) microeconomic policies which improve resource allocation; (v) political and institutional developments’ (O’Hagan, 1995: 200)

The Solow Model, as put forward by Robert Solow, American Nobel Laureate in Economics, focuses on capital accumulation. It is important to note that Economics is not an exact science so it is necessary to avail of this model and adapt it as appropriate. The Solow Model does not directly cover emigration which is an intrinsic feature of the Irish economy but this just needs to be noted. The Solow Model was based on the supposition that there would be a convergence in living standards – the reality is that the gap has widened. Why is Ireland not as wealthy as Germany/Britain/France per capita? According to Solow, wealth can be constantly provided to a country but eventually DMU will apply. Based on the theory, this would imply that China’s economic output per capita is in the process of catching up with that of the US while economic output in the US remains static. This has not happened. This narrowing of the gap will be facilitated by the fall off in patency protection for technology etc. The Solow Model would need many adjustments to be applied to a small open economy like Ireland. For Ireland, the profitability of investment opportunities is vital. Therefore the education of our workforce, the infrastructure, our legal system, our tax system are extremely important.

The GDP is the output of the country while the GNDI is the income of the country. Unlike most other countries, Ireland’s output is lower . In Ireland we refer to GNP figures mainly due to the large contributions to output made by the multi-national companies (MNC’s) here and the fact they repatriate large tranches of money. Also Irish Multinationals such as CRH, Smurfits, etc. repatriate funds which results in an offset effect. The effect of interest on foreign debt is negative due to the outflow of funds. Transfer funds are not reckonable. They amount to 2% of GDP.

DEFINITION OF SERVICES – the Sector:-

‘But international trade in the 1990’s is very different from what it was in the 1960’s when it chiefly involved agricultural and industrial products. Invisible goods now account for a major proportion of the wealth which Europe’s people produce. The Amsterdam Treaty aims to extend the competence of the Union to the key areas of intellectual property and services’ (Amsterdam – a New Treaty for Europe, 1997: 11).

The traditional meaning of the word services is that it is something not used in the agricultural or industrial sector – services normally have no physical being. In the past, services could not be traded. Why has the focus not been on service? After all, the same utility is gained from a table as that derived from the ‘service at table’. The diversity and nature of services can be anything from banking to baby-sitting. Voluntary work is a non market service. The State provides services mainly over the long term, in areas such as health, education, transport, etc, which are non marketable services. Significant changes have occurred in this area. Telecommunication developments mean that the producer/consumer can ‘meet’ without the travel requirement of the past. International competition exists. Insurance quotes can be gained via the World Wide Web/Internet and a contract concluded. In the non traded areas, the implication is that there is less, if any competition. However, if the market is small, it is necessary to have a Competition Authority to avoid collusion.

EXPLANATIONS FOR ECONOMIC GROWTH:-

EU Membership is a Key Factor to Economic Growth in Ireland:-
In 1973, Ireland, Denmark and the UK joined the European Economic Community. ‘The date represents a turning point economically, socially and politically’ (O’Hagan, 1995: 37). Ireland established its independent position as an equal member of the European Community and thus became less dependent economically on the UK in its external relations. The EU role in the Irish Economy cannot be underestimated. During the period 1994 to 1999, Ireland received more funding per capita than any other EU member State (3.5% of GDP). This will be reduced significantly after 2000. EU integration and the challenges of the global economy are directing Ireland towards the liberalisation of its network of state industries. Telecom Eireann privatisation has occurred. The employees received a circa 14.9% stake in the newly named Eircom. Cablelink, Aer Lingus, Electricity Supply Board, Dublin Gas are all open to similar deregulation changes. Privatisation should encourage competitive practices and enhanced profitability and performance.

Membership of the European Monetary System – Is this a positive move for Ireland?:-

The concept of the European Monetary System has no parallel in economic history.
Politically, the issue is concerned with the development of a Federal Europe from the European Union. This would in effect mean a guarantee of peace. President Mitterand has gone as far as saying ‘Nationalism is War‘ (Leddin and Walsh, 1998: 551). Economically, a single currency completes the internal European Market. Transparency is a key feature, the common currency, makes it easier to see price differentials. The combination of the Internet and credit card will enable ‘virtual shopping’ across Europe.

A result of EU membership, Ireland has lost control over monetary, exchange rate, and fiscal policies. This in effect means the loss of economic independence for Ireland. A laissez-faire typology of economy will be created in Europe, with little bureaucracy and per consequence minimum policy intervention in the functioning markets. This may not necessarily work in Ireland’s favour. Presently, our economy is overheating. Fiscal rectitude is required and interests rates increased to curb demand for housing. This is not in line with the European Central Bank approach which acts for all 15 members and whose main goal is to keep inflation as low as possible. However, interest rates have moved up slightly but not necessarily to the degree required by the Irish economy, whose inflation rate at 4.6%, is the highest in 10 years. Also of significance to Ireland is that it is no longer possible to intervene in Monetary Policy. For example, it is not possible to devalue the Irish Pound as a means of restoring competitiveness for our exports. If Sterling loses value, there would be a major impact to indigenous industries. If the Euro gains, the fact that our main markets are the US and UK, makes Ireland vulnerable and particularly so, if the UK continues to remain outside the EMU.

Convergence Criteria for Maastricht Treaty 1992:-

Meeting the convergence criteria for EMU as set out in the Maastricht Treaty of 1992. This consolidated the Single Market. This provided a plan with targets to be achieved.

Structural and Cohesion Funds from EU. Human Capital and Infrastructure:-

The investment in human capital is key to the growth process. In the 1980’s, Ireland was facing insolvency with a rising debt/GDP ratio. This precipitated the flight of capital from the country (very much presently in the news). To regain economic growth, public finances had to be sorted out. The Social and Regional funds payments were first introduced in the 1980’s and in the 1990’s, the Cohesion Fund came into existence with the objective of narrowing the gap between rich and poor countries. Ireland is closely linked to international markets. Funds were provided for ‘back to work’, rehabilitation programmes such as FAS, Horizon, Adapt etc. The Urban Renewal Scheme first introduced in 1986 was renewed again in 1994-1997. 74 acres of former industrial land known as the Custom House Docks was designated in 1986 – IFSC exists there now. Temple Bar – cultural has become the Left Bank of Dublin, attracting numerous tourists. (Environmental Information Service, 1997)

No part of Ireland exceeds 70 miles from a harbour or airport. Ireland has more paved roads per capita basis than any other country in the EU but what it lacks is the provision of multi-lane highways. Over 90% of inland passenger transport and freight is conveyed by road. Proposals to build a light rail link network (US Department of Commerce, 1998)
‘The aim of Structural Funds is to help those regions whose development is lagging behind the co-financing development programmes. This will reduce the differences between regions and create a better economic and social balance between Member States of the EU’ (EU Structural Funds in Ireland 1994-1999: 1)

Nearly one third of the EU budget was allocated for the 1994-1999 period.

The four EU states whose GNP per capita was less than 90% EU average in 1992 were provided for under the Cohesion Fund. Ireland was eligible for same. Ireland is an Objective 1 region because its per capita income is less than 75% of the EU average.

The National Development Plan outlined the Governments strategies for the 1994-1999 period has had extremely positive implications for economic growth. Its focus was:-

  • To obtain maximum long-term return for the economy by way of increasing output and economic potential and providing long-term jobs
  • Reintegration of the long-term unemployed and those susceptible to same into the mainstream.

Ireland, is to gain further benefits from another National Development Plan for 2000-2006 published in Autumn 1999. The key points are:-

  • Total spending – £40.6 b. (Infrastructure: £21 b., Human Resources: £11 b. Affordable housing £6 b., Public transport £2.2 b., National Roads, £4.7 b. etc.
  • The Exchequer contributes £28.9 b, the EU approx. £3 b. and Public Private Partnerships £1.9 b EU (Structural Funds, 1999-2000).

However, to qualify for the £40.6 b., the Exchequer has to contribute £31 b. approx.

Employment – a key factor for economic growth:-

In 1997, 10-11% i.e. 18 mn of the active working population of the 15 EU member countries were out of paid employment. ‘This extraordinary waste of human resources and individual potential’ (European and Social Affairs, 1997: 12) required attention with a particular emphasis on the long term unemployed. Of the total unemployed, half were over one year and therefore long term. The Amsterdam Treaty is described as a milestone for employment issues. It was a catalyst for a set of developments in 1997.

In Ireland we presently have demographic advantage of a young working population contributing to the tax system which underwrites social welfare, health benefits, old age pensions, but also we have the monetary advantage of not having to pay pensions to those who emigrated in the last century. Similar to the 1960’s when industrial grants and tax incentives were introduced, export-oriented Foreign Direct Investment became the prerogative of Governments of the 1990’s.

Policies in relation to the growth of employment must take account of certain facts:

  • ‘there must be a resultant growth in output not just a redistribution of the same amount of output.
  • the necessity of maintaining a stringent finance constraint.
  • the fact that Ireland is a SOE open to outside influences such as trade and migration. This in effect there is a relative lack of autonomy’ (ESRI Medium-Term Review 1994-2000:5)

To change the economy structure is protracted but as Ireland proves possible. By 2,000, this had changed with an unemployment rate of 5% and more importantly below the average EU rate. The ESRI reference to the high level of unemployment, as referred to in the following quote, has been greatly undermined.

‘…the Irish Economy is among the top performers in several international league charts. Sustained growth, low inflation, a strong international balance of payments and a consolidation of the fiscal position are the most noteworthy features. These successes are undeniable, yet unemployment is still near its record level and, for many, growth does not seem to feel as good as it should’ (ESRI Medium-Term Review: 1994-2000: 5).

Despite of the cut-back in public sector jobs, it is the service sector which has produced the output growth that has resulted in the expansion of employment. Today, public sector pay is important because if affects the expectations of the private sector.

‘…Irish growth experience has been the ability to translate economic expansion into employment growth…the services sector as a whole was the main source of employment growth, accounting for seven out of ten new non agricultural jobs created over the 1989-1998 period’ (Department of Finance, 1999: 9).

It is important to bear in mind that manufacturing is separate to trading. Transport is no longer such a high cost due to the technology/ecommerce changes that have occurred. Ireland is a small open economy (SOE). The traded sector is exposed to foreign companies. The opinion, until five years ago, was that it was the traded sector that mattered. However, at that time it was the non traded market that was mainly concerned with services. Manufacturing now involves banking, call centres. Manufacturing is mobile and is not tied to a natural resource. No boundaries now exist to manufacturing so Ireland could become a leading manufacturing base. The service provider central to emerging markets. The following chart shows the growth levels in the services sector between 1989 and 1997:-

Employment in market services, levels and growth

1989 1997 Job Gain % Change

Market Services, of which: 442,000 607,100 165,100 37
* Distribution 169,700 202,500 32,800 19
* Insurance, Finance and 52,100 78,200 26,100 50
Business Services
* Transport and Communication 65,700 83,800 18,100 28
* Others including professional 154,500 242,600 88,100 57
services

Source: CSO Labour Force Survey
* various years; health and education data
from the Department of Finance

Source: CSO Labour Force Survey
* various years; health and education data from the
the Department of Finance.

Software:-

‘Software is one of Ireland’s fastest growing business sectors with growth being about 15% every two years. The Irish software industry is comprised of over 600 firms employing 19,000 people in a broad range of activities including development and customisation, localisation and translation, production and distribution, and technical support. It is export-oriented industry with over 90% of domestic production and distribution sold abroad. Ireland only being behind the US as a software exporter’

Ireland produces over 400 computer science graduates per year and this contributes to Ireland being an attractive market within the EU for US companies. The State Agency, Enterprise, is involved in matching up Ireland Companies with American Companies.

Cross-Border Electronic Commerce:-

‘Firms as well as the professions will soon be able to offer on-line services related to the information society freely and throughout the EU. These services range from the provision of information to consultations, investments and audio-visual programmes. But those providing such services will have comply with the laws of the Member State in which they are established. The latter will be responsible for monitoring their activities…..The Directive sets out certain ground rules in order to ensure that the National laws of all Member States allow for the proper development of electronic commerce’ (European Commission, frontier-free Europe No 2-2000).

8th December 1999, the European Commission launched a new initiative called ‘e-Europe‘. e stands for electronic and the aim is to increase the impetus of the information age in the 15 member countries. A prime reason for this is the lack of involvement by Europeans in e-commerce versus the US. This is clearly providing initiatives for the present, future workforce and to people who have opted for early retirement to increase their level of competency.

Education – An Investment in Human Capital:-

The economic policy in Ireland is mainly concerned with lowering unemployment and raising living standards. Ireland engages in ‘High levels of investment in education and training – of all the OECD countries only the Japanese workforce has a higher proportion of trained engineers and scientists’ (US Department of State 1998: 4). The Irish have always placed a high value on education and in Ireland, research indicates that there are substantial returns to the individual for investment in education. This coupled to public policy is mainly responsible for the highly educated workforce in Ireland. Whether the availability of employment presently will deter people from third level is yet to be determined given the increased opportunity cost involved in opting for it. The latest report by the European Social Fund (ESF) states that while there has been an impact from the focus on education training programmes in terms of equal opportunities between men and women, in other areas this is not the case. There is a need to improve access programmes, to develop child supports, address the low paid sections where women are concentrated. The ESF have funded more positive action type initiatives (EU Structural Funds Information Unit, 1999).

‘The economic impact of the Internet can often be described as an oil shock in reverse’ The jump in oil prices in the 1970’s increased inflation and pushed the world into recession. The internet reduces the cost of another input, information, and so has positive economic effects’ (Economist, 2000: 70).

SUSTAINABILITY OF ECONOMIC GROWTH:-

‘With economic growth well above trend for the fifth year in a row, infrastructural bottlenecks have emerged and labour shortages have intensified. In this environment, pay increases have accelerated, notably in the construction sector and public services, and asset prices have soared, Moreover, consumer price inflation, which was low in 1997, has recently picked up and is now among the highest…. in EMU member states. On the other hand, the external position remained strong, with the current account deficit close to 3% of GDP in 1997’ (IMF, 1998: 1)

Is Ireland too small a country to make a world-wide impact? What about Hong Kong in the 1980’s – a world renowned financial centre?. The plus factor for Ireland is our ability to adapt. Ireland gains from the spin off brought about by new technology introduced to this country. If we innovate/adapt to compete then we will be gainers and losers, a good example is, Aer Lingus v. Ryanair, the former, a state-sponsored body which is to be privatised in the near future. Privatisation will ensure a more competitive stance and less of a tendency to rely so heavily on rent-seeking and subsidies.

Ireland is a tiny proportion of world trade and per consequence is a price-taker. This has not deterred Ireland – Ireland is a growing economy and responsive to new opportunities. Ireland is now the leading exporter in the EU in pharmaceuticals and electronics. The growth in services is impressive. Call centres, Engineering/Architecture practices selling their services to overseas markets, insurance, are all new dimensions of the Services Sector. In the 1930’s trade was mainly with England i.e. 95%.

Today, Ireland deals in the Eurozone, Britain and Other markets. The fact that Britain has not joined the EMU causes problems for Ireland particularly for the indigenous industry who mainly trade with the UK.  Wages paid to employees are a key component of economic growth and need to be restrained within specified limits. The Parnership/Wage Agreements to date have been very successful in achieving the balance. This, however is under threat. Inflation is rising. The wage levels agreed for the present pay rounds are not sufficient resulting in a number of strikes, particularly by those employees who work in the services sector. Housing shortages, insufficient supply and costly infrastructure, non deregulated taxis provide a challenge to Ireland to maintain its economic growth pattern in 2000, particularly given the significant reduction in EU funds.

Europe has an ageing population. Births, in Ireland, reduced from 63,565 (21.4%) to 53,551 (14.5%) in 1988. Death rates have dropped in the same period from 37,741 (12.7%) to 31,352 (8.5%). Policies are needed to provide for the future generations who may not have a working population contributing by way of the tax system to sustain the social welfare systems similar to those presently in place and moreover the system of health cover. Life long learning is presently encouraged to facilitate people to keep in line with changes in the workplace. There is a strong possibility that the retirement age will move upwards and older people are being encouraged to return to education as are people with disabilities, from disadvantaged areas etc. This is a progressive approach given the demographic factors. The hope is that in the case of people with disabilities that a vicarious compensation will apply.

Taking account of the fluctuations in globalisation, the tax man has had a constant, increasing flow of tax revenue despite some claims by politicians etc. that tax returns would be less and the fact that less funds would be available for public services. Now there is the Internet – this removes borders and the need to be at a certain physical location to transact business. The EU and OECD have spoken out against those countries who offer low tax incentives to attract international capital and business. The Internet has the potential to be used (if not already) as a system of tax competition between governments. EU members have pooled their sovereignty but they still retain the right to set up their own taxes. Internet facilitates the retention of records but stored in a foreign jurisdiction – dawn raids are of no benefit. This provides the possibility of both Economic Growth options but also uncertainty which as yet is unquantifiable.

‘Ireland wants to be the e-commerce centre for Europe, like Bermuda, it has passed a state-of-the-art e-commerce law. It has identified 100 global companies it wants to attract. Like their counterparts in Bermuda, politicians in Dublin are being bashful about what would many would consider Ireland’s main attraction: low taxes. Instead they like to emphasise their high quality regulation, the advantage of being able to do business in English, Ireland’s entrepreneurial spirit, and its educated, relatively low cost workers’ (Economist, 2000: 12).

Is tax competition a possibility for Governments? If tax represents one third of GDP and given that some commentators hold that Ireland’s positive economic growth/boom owes a considerable amount of its economic success to the foreign firms which transferred there to avail of the lower taxes.

INITIATIVES/FRAMEWORKS PURSUED TO PROMOTE ECONOMIC GROWTH, PRO-ACTIVE APPROACHES BY THE IRISH GOVERNMENTS:-

In 1997, there were approximately 500 US firms in Ireland. The US is Ireland’s largest trading partner behind the UK. 1997 Irish borrowings amounted to 63% of GDP approx. In 1997, the cost of servicing this debt amounted to 5.7% of GDP. A combination of the oil crises in the 1970’s and 1980’s together with Government borrowings gave rise to these high levels of debt. Government had to intervene with more stringent approaches.

National Wage Agreements in the 1980’s: represent the introduction of centralised bargaining. Other programmes include:-

Programme for National Recovery (1988-90)
Programme for Economic and Social Progress (1994-95)
Programme 2000: Employment, Competitiveness and Inclusion (1997-2000)
Programme for Peace and Prosperity (2000-2005)

It was the 1986 NESC Report which prepared most of the groundwork for the Social Partnership 2000. The focus on a maintenance of lower wages is a large contributory factor to the economic growth levels today. Policy has a strong bias towards subsidising capital and not labour and sponsoring foreign firms rather than strengthening domestic enterprises. The weakness of the policies facilitates the ease of departure of these MNC’s having availed of the financial benefits. Unemployment was 18% in 1986 and the recession was severe. Many US firms opted to leave. Ireland, per consequence, had to leave itself open to making concessions. We are equally exposed to such departures again.

Agenda 2000 provided a plan for economic growth within European Union member states. This is one of the key documents issued by the EU and outlines the main priority policies for the EU this century. Agenda 2000 reviewed the challenges facing the Union. Not only is the aim to strengthen and reform the Union’s policies sustaining what is already achieved but it puts in place internal policies for growth, employment and quality of life. The priorities include developing ‘knowledge’ policies, modernising employment systems and importantly improving living standards. To make society more cohesive and inclusive, to provide better health care facilities and enforce environmental regulations are all key areas receiving attention.

APRIL 2000 – WHERE IRELAND STANDS WITH REGARD TO ECONOMIC GROWTH?

ESRI Quarterly Economic Commentary 2000:-

The final year of the Millennium was highly successful for the economy with a growth of real GNP at 7.5%. The rise in the number of those at work was 95,000 (6.25% up) and the unemployment rate fell to 5%. GNDI, the most comprehensive indicator of the growth in living standards showed an increase of 6.75%. The ESRI commentary focuses particularly on price and cost inflation but affirm that this can still be contained. The area of major concern is non traded goods and services. It is necessary for the Programme for Prosperity and Fairness to ensure wage increases are contained within the necessary parameters given the present Governments expansionary Budget in December 1999. The European Commission on 19th January 2000 ‘warned Ireland that it should consider tightening fiscal policy to keep inflation under control rather than cut taxes as planned in its recent budget’ (Financial Times, 2000). 6% of the world population live in the European Union which accounts for 20% of world-wide production, this should mean that Ireland being a member will benefit economically.  The outlook is for continued growth for real GNP the 2000 at 5.9% and 4.9% for 2001. However, inflation is rising and the expected rte for 2000 is 4% and 3% for 2001.

The ‘Information’ Society.

‘The information society is the society currently being put into place, where low-cost information and data storage and transmission technologies are in general use. This generalisation of information and data use is being accompanied by organisational, commercial, social and legal innovations that will profoundly change life both in the world of work and in society generally’ (European Commission, 1997: 15).

Data, information and knowledge are not synonymous. The information society is concerned with ‘Lifelong Learning’ . This development raises the issue as to whether there is a sufficient emphasis on education in Europe and Ireland. Science is being openly supported in Irish schools with aim of encouraging young people to pursue Third Level in the science subjects. To transform the ‘Information Society’ into the ‘Knowledge Society’ means major contributions financial and otherwise from the public and private sector in the complementary assets of training, education and lifelong learning. Traditional education is challenged. Firms must be motivated to invest in human capital. Investment initiatives are required to encourage the development of the educational process. Research should be directed towards the enhancement of learning not the remembering of facts.

8th March, the Tanaiste, Mary Harney welcomed the launch of the £560 m Technology Foresight Fund. This is a move towards a ‘Knowledge Based’ society. Programmes of Enterprise Ireland are co-funded by EU Structural Funds. Ireland has benefited from education/adaptation to changes brought about most successfully. Ireland has a significant number of new companies which either developed during or prior to the extremely detrimental recession of the 1980’s. These include:

Antigen, is an example of one of the companies supported by Enterprise Ireland. It employs 275 people in Roscrea and is the largest indigenous pharmaceutical manufacturer. It has sales of over £25 m., 80% of which are exported mainly to the UK. Additional funding was raised for this by way of the Business Expansion Scheme.

Baltimore Technologies – leaders in E-Commerce and Enterprise Security. UniCERT, its Public Key Infrastructure (PKI) systems – email, internet shopping security, secure banking web etc. It is sold to over 40 countries. The company was set up in 1976 and is privately owned.

Trinity Biotech, a healthcare company. Trinity Biotech has 125 products in 75 countries. This is quoted on the Nasdaq and started making profits in 1997. Enterprise Ireland have invested in Trinity Biotech

Trintech was founded in 1986 to supply credit card acceptance and processing technology to banking and retailers. 70% of Trintech’s profits are sourced from other markets. 110 employees of a highly educated standard are employed. (Enterprise Ireland News & Events, 2000)

These are to name but a few. Trinity University has a Research and Development facility available to provide support to potential researchers/scientists in their first two years.

WHAT COULD HINDER ECONOMIC GROWTH?

‘I believe the subject of unequal control of key economic activities and innovations is still at the heart of critical development theory. Unfortunately the real world transition to (or intensification of) globalisation has made access to, and control over meanings of technologies and resources more unequal than ever. The rise of supranational global institutions and market-oriented global networks has increased the power of core capitals to subjugate peripheral regions in the age of ‘post-modernism’ and ‘post-developmentalism…It could be argued that globalisation has created a new image of development through global integration’ (Munck, R, and O’Hearn, D, 1998: 114).

‘Southern Ireland – the ‘Celtic Tiger’ as Morgan Stanley put it – is a prime example of rapid growth driven by TNC’s in pursuit of market access. In the 1980’s, the Southern Irish economy was the failure of Europe:  Then Ireland had become a showpiece of globalisation, a prime example of how a region could turn around from economic laggard to tiger in just a few years by integrating itself maximally into the global division of labour’. (O’Hearn, D. 1999: 124).

The ‘tiger’ economies experience economic growth but this is not matched by a comparable increase in material living standards of living. This relates directly to globalisation. Growth is export-led, with greater exports than imports. This means high profits and not higher wages. You cannot say that profits are necessarily reinvested in the country concerned to generate more growth. Moreover, government engage in spending cutbacks so there is less money for consumption. These may be mandated by globalisation. We only need to review what occurred in Asia in the 1990’s. ‘Tigers became pussy cats’.

Environment:-

The majority of Europe’s population lives in cities, the European Union being the most urbanised region in the world. The EU is firmly committed to urban Europe. 57% of Ireland’s population can be classified as urban. Extensive tracts of either public or private housing has resulted in poor levels of integration between the different social classes. This physical polarisation results in non integration between social classes. Governments are trying to redress this.

1998 was globally the warmest year on record. ‘The reported total waste generation within EU and the European Free Trade Association countries increased by nearly 10% between 1990 and 1995, while economic growth was about 6.5% in constant prices. In 2010 the generation of paper and cardboard, glass and plastic waste will be increased by around 40-60% on 1990 levels. (Environment in the European Union at the turn of the Century, European Environment Agency 1999). It is incredible to note that while the world population has doubled since 1950, global output of goods has increased by 6 times. 80% of the natural resources are consumed by 25% of the population. The global environment can be interpreted as an international public good therefore joint efforts to combat its destruction are needed.

The following require immediate attention: Global warming; global warming and climate change; depletion of ozone layer; decline of tropical forests; species loss; unequal distribution of wealth both between countries and between different social groups within countries (ENFO, 1999:1). Development cannot be allowed to deplete our natural resources. Economic growth entails environmental pressure and this has to be reviewed. We need to alter our lifestyles. We need ‘Sustainable Development’, this is defined in the Brundtland Report “Our Common Future” in 1987.

“Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs” (ENFO, 1999:1)

And more poignant

“We have not inherited the earth from our parents but borrowed it from our children”

Ireland’s ecological footprint is 1.23 times the size of the land available already. This is lower than it would be if the population was higher and due to availability of productive agricultural land unlike other countries.

Enlargement:-

Trade liberalisation tends to favour the richer countries but the EU uses structural funds as a redistribution policy to equalise viz a viz the poorer countries. At the Helsinki Summit in December 1999 it was decided to open entry negotiations with another 6 potential entrants. The Helsinki European Council also granted Turkey the status of a candidate country. (Turkey does not meet EU criteria for democracy, human rights and the rights of minorities). The challenge to Ireland from the entry of these countries is the options they provide to MNC’s to relocate. Labour will be an abundant and cheap factor and emerging markets will exist. If we review the success over the last 5 years of both Portugal and Hungary, these provide an example of what competition may lie ahead:-
Hungary, $21 b has been invested in Hungary which has accounted for 5% of all FDI investment – this puts it on par with Ireland. Like Ireland the investment is in technology, export-orientated goods, electronics and information services. 75% of Hungary’s exports are to EU countries. GDP growth is 4% and rising (Economist, 2000: 33).

Portugal, has experienced its 5th year of expansion. GDP growth approaches 4%. Financial system has been transformed creating spillover effects and is mainly attributable to EU directives. Portugal has the lowest unemployment rate in the EU. Electronic tolling systems for motor ways (time saving, payments direct ex bank account) are a Portuguese initiative.

Ireland is vulnerable in terms of influences of the world trading environment. Competitiveness is particularly important. Any factors which might cause deterioration of international competitiveness must be closely monitored. Wage determination mechanisms are extremely important in regard to economic growth. The economy gains significantly from foreign-owned high technology. If one examines employment specifically in financial services, there was a growth rate of 138% in Irish owned companies between 1989 and 1997 and in the case of foreign-owned companies, the growth rate was 254% for the same period. The Financial Services Component experienced a growth rate in employment in the 1989 to 1997 period of 1,147%. Forfas, 1997 Employment Survey (Barry: Understanding Ireland’s Economic Growth, 1999: 21).

CONCLUSION:-

The Department of State submitted a report to the Senate Committees on Foreign Relations and on Finance to the House Committees on Foreign Affairs and on Ways and Means on January 31st, 1999 and by April 2,000, it provides an accurate assessment of Ireland’s Economic Growth from the start of the 1990’s to date. The prediction was that Ireland would have the fastest growing economy in the industrialised world for the fifth consecutive year in 1998 and it did. Commentators deemed the success of the Celtic Tiger attributable to governmental policies put in place in the late 1980’s and which have been maintained by successive Government’s since then. This essay has highlighted these policies and outcomes. These include: tight control of public spending (to reduce borrowing, to reduce tax on corporate and personal incomes); de facto incomes policy; 10% corporate tax for international manufacturing and services companies; generous grants to export orientated multi-national firms who locate in Ireland; high levels of investment in education; infrastructure and training. These policies are aided European Structural and Cohesion funds. References have been made to these issues throughout the essay. In contrast, I have also outlined the hindrances to economic growth and commented on the sustainability of economic growth and what the position is in Ireland in April 2000.
However uncertainty exists. Economic growth is dependent on numerous factors, and a small open economy like Ireland is vulnerable particularly to outside influences like an oil crisis, world-wide recession, US foreign-firms opting to re-locate to other EC member countries like Hungary and Portugal whose population may have lower wage expectations, to the strengthening of the Euro, if Britain remains outside the EMS, to a Stock Market ‘Crash’ etc.

‘Rising disposable incomes, low interest rate, lower taxes, fast employment and strong growth in property prices have together resulted in historically-high levels of consumer and business confidence’ (US Department of Commerce, Bureau of Economic Analysis, 1998: 2).

This should urge the Irish Government to err on the side of caution. To ensure maintenance of what has been achieved, the Irish Government have continued to negotiate with the trade unions to ensure nominal wage increases and to attract the unemployed into low-paid jobs. The Growth Model of the 1960’s provided the turning point and was route greatly different from the aspirations of Padraic Pearse in 1916, as quoted at the start of this essay.

I will conclude with a further quote and comment.

‘Ireland has a developing international tradable services sector comprised of call centres, telemarketing operations, and back-office data-processing operations…International tradable services firms have located in Ireland for four principal reasons – modern communications infrastructure, cost competitive telecommunications and labour, highly educated labour force with language and computer skills, and a low corporate tax rate’ (Strategis 1998: 8).

Mid-1994, the United States pledged to support the building of a lasting peace in Northern Ireland. In November 1994, President Clinton announced the establishment of the White House Economic Initiative for Ireland. American companies are the largest international investors in Northern Ireland the Republic of Ireland. ‘US firms, by availing of a venue in Ireland for inward investment, can concurrently enhance their competitiveness in the entire $7 trillion plus European market by utilising one of the best untapped skilled labour pools in the European Union’. Strategic 1998: 16). The North of Ireland remains still very much of an unknown quantity but clearly the US see potential.

Leap year 2016:  Cleaning up my archives, I find this essay completed while at Trinity College for Professor O’Hagan, Business Economics Social Studies faculty.  It has taken me 45 minutes to read it.  Now I appreciate why students are encouraged to write within a word capacity.  If I was a PhD student reading this, economically, I would have to read and correct within 15 minutes!

Michelle Clarke

@canisgallicus

@canisgallicus.wordpress.com

Bibliography:

Agenda 2000, 1997. For a Stronger and Wider Union. Brussels: European Commission
Amsterdam – a New Treaty for Europe, 1997: 11.
Barry, F., 1999. Understanding Ireland’s Economic Growth. London: Macmillan Press
Bishop, Matthew. Economist, 2000: Survey Globalisation and Tax. Vol: 354, No:8155, 19
Department of Finance, Review of Public Pay Determination – Report to the Departments of Finance and the Taoiseach. Dublin. Internet://http://www/irl.gov/finance/payreview.htm
Douthwaite, R, 2000, The Growth Illusion. Dublin: Lilliput Press.
‘The World’s View of Multinationals’. Economist. January, 2000.
Vol: 354, No: 8155, 19
‘Hungarian Economic Review – Promotional Supplement’ Economist. January, 2000. Vol: 354 No: 8155, 19
‘Internet Economics – A thinker’s Guide’, Economist. April, 2000.
Vol: 355, No: 8164
‘Oil’s Pleasant Surprise’. Economist. 1999, Vol: 353, No. 8147.
ENFO, 1999, a) Introduction to Sustainable Living b) Some pressures on the global and European environment, c) Modern Dublin (1997). Dublin: Department of Environment publication office.
Enterprise Ireland, 2000, Newsworld.
Internet://wysiwyg:71/http://www.enterpris.rld.asp?action=showa rticle
ESRI, Fitzgerald, D. and Honohan, P. 1994. Medium-Term Review (1994-2000). Dublin. ESRI Publications.
ESRI, Duffy, D. et al. October 1999. Medium-Term Review 1994-2000. Dublin: ESRI Publications.
ESRI, 2000, Quarterly Economic Commentary. Internet: http://www.esri.ie/QEC0300.HTM
EU Structural Funds, 1999-2000. National Development Plan (NDP) 2000-2006. Dublin: EU Structural Funds Unit.
European and Social Affairs, 1997: 12
European Commission, 1997, Amsterdam 17 June 1997. A New Treaty for Europe. (2nd ed.) in Citizen’s Guide. Luxembourg: Office for Official Publications of the European Communities.
European Commission, 2000, frontier-free Europe, No. 2-2000. Cross-Border Electronic Commerce. Brussels. Office for Official Publications of the European Communities.
Financial Times, 2000. World News: Europe: Ireland ‘should mull over Fiscal Policy. Internet: wysiwyg://31/http/search.ft.com/search/…land&resultsShown=20 &resultsToRequest=100
International Monetary Fund, 1998. IMF Concludes Article IV Consultation with Ireland. Washington. Internet: http://www.imf.org/external/np/sec/pn/
1998/PN9880.HTM
Leddin. A.J. and Walsh B.M.,1998. The Macro Economy of Ireland. (4th Ed.) Dublin: Gill & MacMillan.
Munck, R., and O’Hearn, D. 1998. Tigers and Transnational Corporations in Critical Development Theory (ed). London. Zed Books.
O’Hagan, J.W., 1995. The Economy of Ireland. (5th Ed.). Dublin: Gill & MacMillan
Structural Funds Unit, EU Structural Funds in Ireland – Overview 1994-1999. Dublin. EU Publications Office
U.S. Department of Commerce, 1998. Economic Trends. Stat-USA on the Internet.
U.S. Department of State, 1998. 1998 Country Report on Economic Policy and Trade Practices:Ireland. Internet:http://www.state.gov./www/issues/e…e_reports/europe/ireland98.html

To: Professor O’Hagan
Alan Murphy

From: Michelle Clarke
2nd Year BESS
Economy of Ireland Essay due to have been submitted 1st April 2000

Mr. Lucey is my Tutor and he will explain the situation. I have given a copy of my Consultant’s letter to Alan for Professor O’Hagan.

Apologies for the delay, it was not intended.

97810959 – Student Number

TABLE OF CONTENTS:

HISTORY Page 1.
DEFINITION OF ECONOMIC GROWTH Page 2.
DEFINITION OF SERVICES – THE SECTOR Page 4.
EXPLANATIONS FOR ECONOMIC GROWTH Page 5.
SUSTAINABILITY OF ECONOMIC GROWTH Page 12
INITIATIVES/FRAMEWORKS PURSUED TO
PROMOTE ECONOMIC GROWTH, PRO-
ACTIVE APPROACHES BY IRISH
GOVERNMENTS Page 14
APRIL 2000 – WHERE IRELAND STANDS
WITH REGARD TO ECONOMIC GROWTH Page 16
WHAT COULD HINDER ECONOMIC
GROWTH Page 18
CONCLUSION Page 21

Bibliography:

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ESSAYS: Trinity College Dublin, Business Economics and Social Studies: “Was Ancient Athens Really Democratic? by Michelle Clarke

WAS ANCIENT ATHENS REALLY DEMOCRATIC?

‘Without the moral freedom to make one’s own decisions of right and wrong and to express them in the area of political arena through representative machinery, every society tends to assume the patterns of mass behaviour which liken it to an ant heap or a beehive or to an animal society like the herd, whose sole function is survival’ (Elliott and McDonald, 1949: 957).

In other words, without a system of control, there can be no freedom. It is rationality that distinguishes humanity from other species.

In order to address this question, I will firstly define the origins of Ancient Athenian Democracy, review its constitution and direct form of democratic system, outline the institutions established and functions applicable. I will review the ideals and aims of that system and argue that Ancient Athenian democracy as a form of Government, at least within the context of what is meant by democracy today, was not what one would call democratic.

Origin: Ancient Athenian Democracy:
The earliest surviving writings of the nature of political matters are those of Plato (428 B.C.). Solon https://www.agathe.gr/democracy/solon_the_lawgiver.html, 6th century was appointed Archon (Regent) and engaged in what could be deemed to be the precedent of the democracy proto-type. He removed power from the Areopagus (senate) of the old aristocrats who could frame legislation and placed control in the Council of Four Hundred which was made up of four tribes https://www.stoa.org/projects/demos/article_council_history?page=1.., thought to be selected by lot. Solon also created the system of popular courts of judges chosen by lot from all the freemen. He did not try to destroy the distinctions of wealth. During the 5th century the popular assembly won a complete ascendancy over the old senate giving it sovereign power. Athens achieved a direct democracy and the Assembly became the extreme legislative organ. Since the Assembly met only on occasion, the Council of Five Hundred remained the real government of Athens https://www.stoa.org/projects/demos/article_democracy_overview?page=6…. Members of the Council were chosen by lot, which was the most democratic method. In terms of a limited citizenship, Athens represented democratic equality. The concept of the constitution as a fundamental law to safeguard freedom is not expressly stated in Greek thought:

‘However, the Greek city state, when it acted through an assembly of citizens with direct democracy, tended to place the sovereignty of the people above any sovereignty of law…’ (Elliott and McDonald, 1949: 64)

Constitution/Democracy:
‘The only absolute in constitutionalism is the ultimate responsibility and freedom of the individual moral person. There must be a sufficient agreement in any national community on what Cicero called the consensus juris to assure the acceptance of a constitutional system that both protects civil liberties and organises a government’. Unless a responsible government, so grounded on consent, can umpire the rules of the game and serve as a vehicle for orderly change in those roles, constitutionalism cannot be preserved: (Elliott and McDonald, 1949: 952).

Athenian Democracy: the Greek word was Demokratia, the demos are the people and kratia means ‘to rule’. Democracy is a remarkably difficult form of Government to create and sustain (Held: D, 1987: Introduction). Political thinkers have been highly critical of the theory and practice of democracy. It is a form of Government in contradistinction to Monarchy and Aristocracy in which the people rule. Aristotle (circa 380 B.C.) analyses claims, ethics, standards and aims of democracy….democracy means the poor have more power. The classical polity was marked by unity, solidarity, participation and a highly restricted citizenship. Civic virtue meant private life was subordinate to public life and common good.

Thucydides (471?-400 B.C.) in History of the Peloponnesian War (incomplete) outlines some of the practices and aspirations of the Greeks at the height of their achievement. He wrote about the Funeral Oration of Pericles, whose name is synonymous with greatest period of Athenian history. Who are the people? What level of participation? How broad or narrow does one construe the scope of rule? Does rule cover law and order as well as politics? Must the rules be obeyed? Note the attempts to restrict the term people (men only, white, age). Direct/Participatory Democracy is decision making about public affairs in which the citizens are directly involved. Liberal Representative Democracy is a system of rule which involves elected officers who undertake to represent the interests or views of citizens within the framework of the Rule of Law. It is thought perhaps that the objective was to ensure no geographic groupings which could challenge the system. Demes had control over minor crime adjudication. Demes men could grant citizenship.

Institutions:
The constituency comprised two main groupings: the Phyle which is a geographically defined area of Athens, there were approximately 200 demes microcosms of Athenian society. The Ekklesia (Assembly) was made up of all citizens approximately 6,000. This was the sovereign power. The Assembly met 40 times per year and had a quorum of 6,000. It was concerned with public order matters such as finance, legal matters, taxation, ostracism etc. Aristotle did not support the Ekklesia making changes, he favoured the Rule of Law. The Ekklesia inter alia made law, passed edicts, declared war. Multiplicity of channels existed – the Ekklesia, the Demos, the Boule, the Dikastery (no barristers, solicitors, judges) just the ordinary citizens selected by lot. The court system is included in the constitutional review. Agenda was compiled by Boule (Council of 500), the details of which were announced by Herald and vote of hands determined the decision. The Boule was the real centre of power. The 500 were chosen by lot and gained office for one year only. The Boule was aided by a committee of 50 headed by a President who could only hold office for one day. The Magistrates carried out the executive functions, nearly all were elected for a non renewable one year period. To preserve accountability of the political administrators and state, methods of selection used were rotation of tasks, sortition and direct election. The Magistrates (Archons) administered the decisions. The Dikastery. Minimum jury 101, normally 500.

Ideals and aims of Athenian Democracy
Ideals and aims of Athenian Democracy are recounted in the Funeral Oration attributed to Pericles composed by Thucydides some thirty years later. It extols the fact that Athens did not imitate the institutions of its neighbours thus making it a model rather than an imitator. Power is not in hands of a minority but the whole people. It appeared that citizens faced no obstacles to involvement in public affairs. The Demos held the Sovereign Power, it had supreme authority to engage in executive and legislative functions. Civic Virtue meant dedication to the state and subordination of private life to public affairs and common good i.e. ‘Good Life’. The connotation from the oration is that the definition of democracy was in terms of its meaning rather than the values aspired to. The meaning conveys a systematic rule giving people a central role (Isonomia). In effect, democracy means the political equality of every citizen. It is legitimate to say the judiciary of a political power, can disagree with legislation. In reality however, the individual has limited power to influence the interpretation. To the Athenians, ordinary people had an equal role to others of a different ranking. Elevtheria enabled the citizens to participate in public life to live in accordance with their choice. Isegoria ensured that each citizen could speak at the Assembly. Parrhesia i.e. freedom of speech pertained. The Dikastery and Ekklesia members were paid to ensure presence. Esos was made up of those not equal educationally or healthwise but institutionally, these being fundamental to Athenian Democracy.

Social Inequalities
Athenians supported the concept of Democracy as a form of Government as they deemed it to be a normative judgement. Three dimensions existed to the system of decision making. The direct consequences are the decisions arrived at. The indirect consequences may result in a weaker decision but the presence of a challenging opposition may initiate an investigation into the policies pursued. Democracy intrinsically offers the means of people taking responsibility for themselves i.e. ‘a happy versatility’. Some writers hold that the system of Government is democratic because the decision rests with people that total representation means justice is inherent. This does not however take account of women, slaves, metics – their interests were not represented yet their work provided a large proportion of the finance necessary to fund the system. Citizens had slaves available to facilitate their dedicated involvement to politics.

Arguments against Athenian Democracy being described as Just:
Democracy is a constitution based on argumentation. Debate in Ancient Athens nurtured the development of rhetoric. Parties were not part of direct Assembly democracy. There were groupings of political leaders, but they were not backed by party supporters as exists in an indirect democracy. The English legal system is adversarial based and the objective is to obtain the truth by sourcing inter alia via argument, how effective this system would be in relation to Athenian type politics is questionable particularly as the population expanded without the necessary adaptations being made.

‘The modern conception of democracy which recognises the division between the few and the many in occupying different but countervailing roles is deeply indebted to the tradition. It is however an equivocal inheritance because at the heart of classical republicanism is a conception of citizenship which has expectations of political participation much beyond that of modern democratic societies’: (Murray-Forsyth and Keens-Soper, 1988: 66). Measured by modern standards, men of antiquity were not free according to our notion of individual freedom. Democracy could not be said to have been said to respect the individual, it tended more to suspect him. Labouylaye commented ‘the only guarantee for a citizen was his part of sovereignty’ (Sartori, G, 1958: 259). One could easily move from the extreme wealth to equally extreme poverty.

According to Field to call a state a democracy where the supreme power rests with a minority, elected every five years, and in which laws could be passed, judicial decisions made, executive actions taken and war or peace declared is inaccurate. Yet, Plato indicted the Athenian system for what it represented and said ‘democracy marginalises the wise’. To Plato, the Tyrants were the true navigators. For Plato, the problems of the world could only be resolved when educated and trained philosophers ruled. ‘In Plato’s and Aristotle’s utopias schooling is universal and compulsory and the lack of a public educational system was one of the most insistent criticisms directed by the philosophers against the democracy’ (Hansen, M, 1991: 312). Aristotle puts forward in one passage:

‘he suggests the use of the term ‘democracy’ for what he regards as a perverted form of government in which the poor rule the state in their own exclusive interest’ (Field, 1956: 279).

The foregoing is a sample of the conflict that arises in trying to define democracy.

The citizen in Ancient Athens gave himself to the State totally, he engaged in war for the State, public affairs were the priority over private life. The outcome of this was the more perfect the democracy became, the poorer the citizens became. This meant wealth had to be seized to fund the democracy.  So a ‘vicious circle’ scenario arose.

In Athens, there was no continuing executive like the modern civil service or equivalent. There only existed a very small slave police force, no professional judiciary, no professional legislature: ‘Even the most direct democracy cannot remove the differences between men, cannot render them politically identical’ (Dunn, J 1940: 17). The decision to go to War in the last century – seldom were the citizens asked to decide – unlike Athens. An Athenian who did not want to fight had the right to address the Assembly.

Like Socialism, Communism today democracy could be regarded as a term of abuse to those who disapproved of it and of praise for those who approved of it. A recognised opposition was foreign to a Greek democracy although there is no indication that Plato ever got in trouble for writing the Republic. Within the limits of the democratic constitution, however there was complete freedom of opposition and criticism on any particular words. But then there was no recognised Government. Athens at the end of each year a public examination of every official was carried out. However ultimately, Ostracism meant opposition leaders who challenged democracy could be sent into exile thus granting great power to the Athenian democratic system.

‘The Peloponnesian Wars were a contest not only between the advocates of the competing ideologies of democracy and aristocracy, but also between the traditional insular and military values of Sparta and the new commercialist values of the Athenian League. It is not surprising that members of the Athenian educated elite, whether native like Plato or foreign like Aristotle, had more sympathy with traditional Sparta than modern democratic Athens’ (Murray-Forsyth and Keens-Soper, 1988:38).

Conclusion:
This essay is an attempt to outline Ancient Athenian Democracy and to comment on how democratic it was. I have outlined its origin, discussed the constitution and democracy principle, highlighted the main institutions. I then state the ideals and aims of Athenian Democracy and briefly refer to some of the social inequalities. The main text concerns the arguments against Athenian Democracy being described as just. Democracy as a form of Government only re-appeared in the late 1700’s and because it bestows an ‘air of legitimacy’ and per consequence is a popular categorisation particularly for West European countries. However, there is little to compare between Democracy as a form of Government today and that of Athenian Democracy. I will conclude with a quote by J. Dunn which in my opinion is a good appraisal of the word ‘Democratic’ before it is expanded to a variety of connotations:-

‘Democratic theory is the moral Esperanto of the present nation-state system, the language in which all Nations are truly united, the public cant of the modern world, a dubious currency indeed – and one which only a complete imbecile would be likely to take at its face value, quite literally. But it is with democratic theory that it seems quite right to begin – not the reality of democracy, democracy as a social fact, a theme about which there being so little concrete evidence, so little social and historical reality to talk about, there might prove to be rather little to say. Democratic theory is certainly pretty thin on the ground ‘Dunn, J, 1940: 2).


Bibliography

Dahl, R. A., Democracy and its Critics. Yale: Library of Congress Cataloguing-in-Publications Data.
Dunn, J. 1979. Democratic Theory. Bristol: Western Printing Service.
Elliott, W. and McDonnald N. 1949. Westerm Political Heritage. New Jersey: Prentice Hall Inc.
Field G. 1956. Political Theory. London: Methuen & Co
Hansen, M., The Athenian Democracy in the Age of Demostehenes, Structures, Principles and Ideology. Oxford and Cambridge: Blackwell Publishers.
Held, D. 1993. Models of Democracy. Oxford. Polity Press
Murray-Forsyth and Keens-Soper, 1992. The Political Classics – A Guide to External texts from Plato to Rousseau. Oxford: Oxford Printing Press.
Portis, E. 1994. Reconstructing the Classics. Political Theory from Plato Marx. New Jersey: Chatham House Publishers.
Sartori, G. 1958. Democratic Theory. Connecticut: Greenwood Press.

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SUICIDE: LIFE SENTENCE TO THOSE LEFT BEHIND

Source: SUICIDE: LIFE SENTENCE TO THOSE LEFT BEHIND

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Take Responsibility: Maintain your own Health Records by Michelle Clarke

Source: Nietzche ‘He who has the why to live can bear almost any how’ co Morbidities: is there a better way?

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Royal City of Dublin Hospital (Baggot Street Community) hospital for sale 2015 but withdrawn. October 2016 scaffolding in place. What is the future of this Hospital? Founded 1832; what history through to the Rising in 1916, Independence and as a working community hospital albeit minimalist over the last few years. Some ideas: by Michelle Clarke. Anne Rynne song “Mammy….”

Source: Royal City of Dublin Hospital for sale, War Memorial World War 1, history British Empire to Irish Republic, established 1832

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Catholic Church Annulment: NARRATIVE AND NO CHOICE by Michelle Clarke

Source: Pope Francis: bureaucracy and costly system currently in place for Church Annulments. A Path to Justice for one condemned by men in black in hidden Canonical courts.

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Largest U.S. Bankruptcies, 1980–Present

Source: Largest U.S. Bankruptcies, 1980–Present

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