Alice-Mary Higgins (Independent) | Oireachtas source

If the conservative interpretations of the Constitution are to block us constantly in making good policy and if they are correct, we have a problem with the Constitution which we need to address because a balance is not being achieved between property rights and the common good. If we are erring on the side of property rights and neglecting to see the balance achieved in the Constitution, let us test it appropriately. As legislators, we cannot act in a way that does not serve the common good. Article 43 is very clear - property rights may be delimited with a view to reconciling their exercise with the exigencies of the common good. We need to have a debate on whether the Constitution is an obstacle in making good law and if the current interpretation is stopping us from moving forward in important areas.