Property tax may be unconstitutional

The property tax may be unconstitutional. Legislation giving it power could be struck down by the courts, if an action was taken.

Article 43 protects private property, and previous constitutional cases against governmental imposition of tariffs on private property have been successful. In addition, the Constitution says in Article 40 that a “dwelling is inviolable”. It is a wonder that the likes of Sinn Féin and the Socialist party have not begun a challenge in the courts. In the past, the Constitution meant everything and rulings were sought if legislation was repugnant to it.

Things have changed. The lack of a constitutional challenge to a tax on private property shows the high price of litigation these days and why justice for the ordinary people, whether it is constitutional, legal, or social, is out of reach.

Maurice Fitzgerald

Shanbally

Co Cork