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Theresa May’s brand of inequality | Blog | Class: Centre for Labour and Social Studies

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Sunday, October 30, 2011

Canty v Ireland & ors

Canty v Ireland & ors: It seems to me that the Oireachtas is entitled under Article 34.4.3º of the Constitution to adopt a policy with regard to finality in landlord and tenant matters as between contracting parties. I am of the view that this was the intention behind the establishment of the 2004 Act, and certainly the inclusion of subs. (4) in s. 123. I do not read that restriction as exceeding what is authorised by Article 34.4.3º of the Constitution. There is in my view no ambiguity in the language of the subsection: the only meaning of it is that which I have endeavoured to describe. Consequently I cannot accept Mr. Canty's submission that he has made out an arguable case for the interpretation as suggested by him and secondly, given the statutory framework against which the restriction must be judged, it cannot in my opinion be said to be incompatible with the provisions of Article 34.4.3º of the Constitution."?

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