8/14/2019 Cornish Law
1/2
logoPublished on open Democracy News Analysis (
http://www.opendemocracy.net )
Cornish Law
By Philip Hosking
Created 2009-03-19 15:09Back in February 2008 I blogged for
OurKingdom concerning the Duchy of Cornwall. The articlewas called
Duchy or County - how would a modern Magna Carta look in Cornwall?
[0] Over ayear later there seems to be a certain effervescence
around this Cornish constitutional question.Okay it's not on the
same level as the global economic depression, but perhaps an update
is inorder anyway. Hopefully it will give some of our democratic
republicans [0] something to mullover as well.
In February this year an article was published in Cornish World
[1] magazine by Cornish lawresearcher and Notary Public [2] John
Kirkhope. In - The Duchy of Cornwall, a very peculiar 'private
estate' - Kirkhope lists the array of unusual rights and
prerogatives the Duchy has over the territory of Cornwall. In this
blog article [3] from Republic, Graham Smith describes one of these
rights, namely Bona Vancantia [4], but it's far from the whole
picture. Kirkhope goes intomuch greater detail listing for
example:
The right to appoint a sheriff; the rights not to pay tax; the
rights to fundus and foreshore; theright to wreck; the right to
summon a parliament; the rights to crown immunity and the right
tointervene in court cases and demand a trial at bar amongst
others.
Did someone say 'just a private estate'?
Prior to publishing Kirkhope sent copies of his findings to all
five Cornish MPs. Two, AndrewGeorge [5] and Dan Rogerson [6],
responded and arranged to meet Kirkhope in Westminster sothat the
researcher could expand on his findings. Both MPs shared Kirkhopes
frustration atgovernments unwillingness to answer questions about
the Duchy. It should also be noted thatAndrew George has shown a
previous interest in our constitutional affairs [7].
In the same month, and perhaps prompted by Kirkhopes
presentation, Andrew George raised anumber of questions in
parliament concerning the Duchy. These and the responses
theyreceived can be viewed here [8] on the new blog from the Duchy
of Cornwall Human RightsAssociation (DCHA). Intelligently commented
by Cornish activist John Angarrack thegovernment responses give the
impression of officials more than ready to use doublespeak.
So what can be deduced from these Ducal rights? What
constitutional arrangement do they findtheir foundation in? Even if
the Tamar and its estuary almost severe us from
Devonshire,geographically, Cornwall is part of the island of Great
Britain. Furthermore, in an administrativesense, Cornwall is
clearly run as a county of England with a soon-to-be Unitary
Authority. Nodoubt on these two points.
Cornwall's de jure constitutional position is another story
though. Is it part of the UnitedKingdom? Angarracks response is
simple. On the big island the Queen/Crown is sovereignaccepting
that is Cornwall where a second sovereign sits obscured by the
governments and
establishments disinformation. A Duke happy to benefit from his
extensive powers but unwillingto assume responsibility for the
territory and people of his Duchy. The evidence and argumentsare
complex but clearly explained on the DCHRA blog [9].
Page 1 of 2
http://www.opendemocracy.net/http://www.opendemocracy.net/user/512064http://www.opendemocracy.net/user/512064http://www.opendemocracy.net/
8/14/2019 Cornish Law
2/2
So where next? The British Islands other constitutional
anomalies [10] may be regretting thegood old days before the credit
crunch [11], but what about our hidden Cornish CrownDependency
operated as a tax haven for one man? Shouldn't the people of
Cornwall be fullyinformed as to the nature of the Duchy?
I'll leave the last words to John Kirkhope who writes:
"At a time when Cornwall, economically, needs bolstering and the
government of Cornwall is inapparent upheaval perhaps the legal
status of Cornwall and the monies generated by the Duchy need to be
made transparent rather than suffer the murkiness of
misinformation."
Source URL:
http://www.opendemocracy.net/ourkingdom/philip_hosking/cornish_law
Links:
[1] http://www.cornishworldmagazine.co.uk/[2]
http://www.jkirkhope.co.uk/[3]
http://www.republic.org.uk/blog/?p=147[4]
http://www.bonavacantia.gov.uk/output/[5]
http://www.andrewgeorge.org.uk/index.php[6]
http://www.danrogerson.org/[7]
http://www.theyworkforyou.com/wrans/?id=2007-03-29b.123754.h&s=Andrew+George+Duchy+Cornwall#g123754.q0[8]
http://www.duchyofcornwall.eu/latest/[9]
http://www.duchyofcornwall.eu/latest/[10]
http://en.wikipedia.org/wiki/Crown_Dependencies[11]
http://www.iht.com/articles/2009/03/11/business/tax.php
Page 2 of 2
http://www.opendemocracy.net/ourkingdom/philip_hosking/cornish_lawhttp://www.opendemocracy.net/ourkingdom/philip_hosking/cornish_law
