Seanad debates

Wednesday, 18 November 2009

Defence (Miscellaneous Provisions) Bill 2009: Committee and Remaining Stages

 

2:00 pm

Photo of David NorrisDavid Norris (Independent)

I believe the Attorney General is incorrect in his view. I will tell the House precisely why and I can substantiate it. The Attorney General is relying on the absence of a requirement; he is not relying on a prohibition. I call on the Minister to take back to the Attorney General the undoubted fact that the 1937 Constitution is an organic entity. It did not stop on the day it was signed into law in 1937. As has been demonstrated in serial fashion by many litigants, including myself, it contains what have been described in textbooks as unenumerated rights. In other words, the door is by no means closed on this House. The Attorney General is wrong.

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