Dáil debates

Tuesday, 4 November 2008

3:00 pm

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)

The constitutional tradition is not to enumerate each constitutional right in the Constitution. We have a doctrine of unenumerated rights, directives of social policy, Articles 41 and 44 and a range of articles where the rights of citizens are well-protected by our courts. They have displayed an ability to develop Irish jurisprudence in a way in which we can all be proud.

In recent times, there has been a tendency to suggest including in the Constitution every problem that is identified. The Constitution is a set of principles, which are not meant as an all-encompassing set of rights limited to those mentioned therein. Nor are they interpreted by those in the Supreme Court — the only ones who can interpret the Constitution — as such. That has been a fundamental part of Irish judicial thinking for many years. Through the provisions that exist, we can seek to ensure that statutory rights are respected and that we continue with the developments in this area, of which this Administration can be proud. One quarter of all houses extant in Ireland have been built in the past 12 or 13 years.

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