Issue 48 The Constitution: Private Property and the Common Good

Editorial

on Saturday, 03 July 2004. Posted in Issue 48 The Constitution: Private Property and the Common Good, 2004

June 2004

Dear Reader,

In this issue of Working Notes we examine the report on Private Property of the All- Party Oireachtas Committee on the Constitution Property, published in April 2004. The Report followed a request from the Taoiseach in February 2000 to “consider the present constitutional provisions in respect of property rights and specifically the necessity for up-dating those provisions which pertain to planning controls and infrastructural development”.

In the light of the recent constitutional amendment on citizenship it is interesting to look at the process by which the constitutional provisions on Private Property were reviewed. Following wide consultation, in which the Committee received 140 written submissions from individuals, groups and organizations and subsequently held oral hearings, a comprehensive 133 page report and a further 300 pages in appendices were compiled. The Report includes a detailed review of the constitutional provisions on private property and existing case law, the property market and the planning system, which enabled well-founded conclusions and clear recommendations to be made.

In contrast there was no public consultation prior to proposing the recent change to the Constitution in respect of the right to citizenship. It was not deemed necessary that the All-Party Oireachtas Committee on the Constitution should consider the issue. Consequently, the debate was held in the absence of a thorough analysis. The result was that much information was at the level of anecdote and general impression; the failure of the Government to produce comprehensive research findings hindered a full and balanced assessment of the issues and the consideration of a range of possible policy responses.

The Constitution represents a privileged source and statement of values in Ireland. I believe that, in bypassing established procedures that ensure full public consultation and thorough analysis of issues prior to constitutional change, the Government did a disservice to all people who reside on this island.

Eugene Quinn
Director
Jesuit Centre for Faith and Justice

A Green Light for a New Agenda on Housing and Planning

on Thursday, 24 June 2004. Posted in Issue 48 The Constitution: Private Property and the Common Good, 2004

Jerome Connolly

June 2004

Introduction

One of the most ideologically and economically sensitive elements in any state is the legal and constitutional regime governing the ownership of private property. The regulation, taxation and expropriation of property raise fundamental questions of justice, equity, the right to shelter, the balance between individual rights and the common good. All these matters are addressed in the Report on Private Property of the All-Party Oireachtas Committee on the Constitution, published in April 2004 (1)

Housing : A Growing Trend towards Inequality

on Thursday, 24 June 2004. Posted in Issue 48 The Constitution: Private Property and the Common Good, 2004

Margaret Burns

June 2004

Introduction

The recommendations of the All-Party Oireachtas Committee on the Constitution on the right to private property and its relationship with the requirements of the greater social good, take on particular significance when seen in the context of Ireland\'s recent unprecedented demand for housing and infrastructural development, arising from nearly a decade of high levels of economic growth.

Private Property and the Constitution

on Thursday, 24 June 2004. Posted in Issue 48 The Constitution: Private Property and the Common Good, 2004

Seamus Murphy, SJ

June 2004

In April 2004, the All-Party Oireachtas Committee on the Constitution published its Ninth Progress Report.(1) The Report discusses whether the provisions of the Irish Constitution concerning property rights obstruct social justice and the common good in the area of land and housing, with regard to purchase, planning and infrastructural development.

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