8/14/2019 Duchy or County - how would a modern Magna Carta look in Cornwall?

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Published on open Democracy News Analysis (http://www.opendemocracy.net)

Duchy or County - how would a modern Magna Carta lookin Cornwall?

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Created 2008-02-19 10:35

Philip Hosking (Cornwall, The Cornish Democrat [1]): Jack Straw gave a speech at the

George Washington University about the UK's and USA's constitutional heritage and what a

British Bill of Rights and Responsibilities might look like. The talk was entitled "Modernising the

Magna Carta" - full article here [2].

The Independent has also produced an article on the United Kingdoms constitution called; Why

doesn't the UK have a written constitution, and does it matter? [3] In the article Nigel Morris

writes: "Britain's constitution has developed in haphazard fashion, building on common law,

case law, historical documents, Acts of Parliament and European legislation." Haphazard seems

just a little euphemistic to me, but anyway: what would this constitutional arrangement look like

to the people of Cornwall if written down and how would our Cornish Duchy figure in it?

If written, it would include:

The Duke of Cornwall shall be the heir apparent. He shall have Cornwall as a Duchy

and the right to control or intervene in proceedings affecting his rights, property or

profits. Within Cornwall, He shall have the right to the King's Writ [4] and Summons of

Exchequer, intestate estates, bona vacantia, foreshore, treasure trove, the stannaries,

gold and silver and Tintagel Castle (amongst other properties). The Duke and the

Duchy of Cornwall shall have the right to a Trial at Bar, crown immunity from

prosecution and exemption from the Land Registration, planning and Freedom of

Information Acts. H.M. Treasury shall regulate as required by the Duchy of Cornwall

Management Acts 1863-1982

Doesn't much look like the constitution of a modern and egalitarian democracy does it? The

situation, as it stands today, has this feudal relic giving the heir to the throne unaccountable andundemocratic powers to the prejudice of the indigenous people of Cornwall as revealed here [5]

by the Cornish Stannary Parliament.

A new constitution will have to tackle the 'national' question in an equitable manner for all the

constituent peoples of the UK as well as its crown dependencies and protectorates, but it would,

of course, not be the first time that this question has been treated in the constitutional

construction of the English and later UK state.

One previous settlement, whilst providing the heir to the English throne with an income [6] - thus

relieving the English tax payer of the burden - recognised Cornwall's distinct position in theemerging state. The Duchy which it created is still with us today and is one of the 'haphazard'

developments that governs us in a much less than transparent way.

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Some have suggested that the process of writing a British constitution would be cathartic if

conducted in a genuinely inclusive fashion. I totally agree, and would add that the Cornish public

should be active participants in deciding the future of the Duchy, Cornwall and its constitutional

position within any future state. Following Cornwall's popular call for devolution, and the growing

celebration of its identity, surely removing its last vestiges of constitutional recognition without

public consultation would be as unjust as maintaining the that which exists.

A just and modern accommodation of Cornwall demands an open and inclusive discussion withthe Cornish people, something that, to date, we have been denied. Simply trying to force this

round British territorial peg into a square English county hole is never going to work and

shouldn't be tried.

Source URL:

http://www.opendemocracy.net/ourkingdom/2008/02/19/

duchy-or-county-how-would-a-modern-magna-carta-look-in-cornwall

Links:

[1] http://thecornishdemocrat.blogspot.com/

[2] http://www.justice.gov.uk/news/sp130208a.htm

[3] http://www.independent.co.uk/news/uk/politics/the-big-question-why-doesnt-the-uk-have-a-

written-constitution-and-does-it-matter-781975.html

[4] http://thecornishdemocrat.blogspot.com/2008/01/identity-and-law.html

[5] http://cornishstannaryparliament.co.uk//resources//article.php?story=20061026012036130

[6] http://www.duchyofcornwall.org/abouttheduchy.htm

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