Constitutional law experts are sceptical, however, of the legal strategy advanced by the builders, who argue the proposed reforms “pose significant constitutional issues relating to proportionality, lawfulness and property rights”. “While the legislative measures restrict constitutional property rights, these rights are heavily qualified in the interests of social justice and the common good,” he said. He said while the Constitution enshrined property rights, the constitutionality of interventions that curtailed these rights were measured more broadly, including against the common good. Dr Laura Cahillane, of the University of Limerick school of law, said: “Issues like this always raise questions of constitutional rights, since our constitution contains very strong protection for property rights. The builders’ legal advice also points out that advice in recent years from previous attorneys general has held that such a step would be unconstitutional.
