Oireachtas Joint and Select Committees

Tuesday, 22 October 2024

Joint Oireachtas Committee on Housing, Planning and Local Government

Constitutional Referendum on Right to Housing: Discussion

3:00 pm

Mr. Adam Boyle:

Again, I will go back to Dr. Casey on this, if I am not ambushing him. Representative actions in Irish law are very rare and stringent in terms of how a person can take them. They tend to be based around environmental law under the Aarhus Convention.

They tend to be based around environmental law, under the Aarhus Convention. This idea of representative actions is not the most common in Ireland. We do not have a legal system that is built for it. Again, maybe we should be at a justice committee to discuss that. It is a nice idea but not reflective of the common approach to constitutional law. The organisation typically that would take such a case would need to have that particular constitutional right infringed. I am going to defer to my colleague, Dr. Casey, who is much more familiar with constitutional law around this.

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