You may read in the internet that people shout: “the price of liberty is the eternal vigilance”. However such vigilance implies we have a perception and consciousness of our rights.
It is important to know on what they are founded on and how far the state has authority to restrict them.*
Therefore, today our rights are founded on our written constitution, on multitude of international treaties, our laws and on the law of necessity. The latter, ius summum, admits that law exists for the sake of society. It is not the society that exists for the sake of law.*
We also know that our Constitution is an octroi, that is it has a rigorous granted character on the one hand, and on the other it has also an intense communalistic character, as Professor S. A. De Smith remarks, saying “constitutionalism has run riot in harness with communalism.” (1964).*
The granted character
The granted character is summarized in the ascertainment it was a result of imposition of the Zurich Agreement. As constitution octroyée, it corresponds to charters that monarchs condescended to grant to their people, and as such it’s not consistent with the new prevailing democratic principles, which constituent powers vest in, exercise done by the people.*
The granted character of this constitution comprises provisions that slipped in the public law of Cyprus at the time of dominatus*. These emanate from the amendments that occurred with the addition, repeal and replacement of existing provisions as a result of the abolition of the national religions, mainly those of the Romans and the Greeks, after the victory and prevalence of the Christians.
These amendments are extant in the Theodosia’ and Justinian Code.* They are common in all Christian countries. The amendment of these provisions is inconceivable. The application of the democratic principle is excluded in Cyprus both for the Greek Community in respect of the former and for the Turkish Community in respect of the principles and laws of the Vakuf (or “waqf”)”as explicitly provided by the respective provisions in Article 110 of the Constitution.* The latter principles and laws came into force upon the conquest of Nicosia in 1570.
The relations between the Mohammedan and non Mohammedan inhabitants of Cyprus were regulated by a further set of institutions on the basis of the ‘creed and the sadacat’, that is the Christian religion and the oath of subjection to the sultan.
The common bond between the Mohammedans and the non Mohammedans is founded on the Old Testament. This nexus served as a platform for the co-existence of the two religious nationalities for four entire centuries.
This practical ‘solution’ constituted the foundation on which the ‘granted’ exercise of individual rights became possible.
The disregard of these fundamental provisions that does not permit the discovery of a better settlement is naïve.
The safeguarding of the Constitution extending to the protection of fundamental rights and liberties, included in Chapter II, of officials upon the undertaking of duties by state officials is left to an affirmation that reads as follows: ….
To be continued