Fundamental Rights

Article 43 - Private Property

Official Literal English translation

Article 43 Private property


Private Property/Assets
The State acknowledges, because man has the gift of reason, that he has a natural right to have worldly assets of his own privately, a right which is more ancient than human statute.


For that reason, the State guarantees not to enact any law attempting to set aside that right, nor the ordinary right of man to assign and to bequeath and to receive assets/ property as an inheritance.


But the State acknowledges that it is fitting, in civil society, to regulate the operation of the rights which are mentioned in the foregoing provisions of this Article in accordance with the basic rules of the societal justice.


For that reason, the State may, as will be necessary, put a limit to the operation of the aforementioned rights in order to bring together that operation and the welfare of the people.

Points to Consider:

Article 43 refers to property in it's broadest sense, and says that man has a right to possess assets in his own name. Natural law is universal and superior to all positive law (acts, guidelines, legislation, codes etc.). This means that it cannot be patented.

This includes all of our assets, our body, our family and anything else that belongs to us. It is our right to  own worldly goods and the State cannot interfere with that right.

As the State acknowledges The Bible as man's law / dogma by having us swear on it at the beginning of court Geneses Chapter 1, verse 26

articles 40-44 Natural law and fundamental rights The Irish Constitution JM Kelly

Even though natural law and inalienable rights are inherent and cannot be removed, this shows that fundamental rights were put into the constitution to highlight their importance. However, if we do not exercise them they may as well not exist.

This extract from JM Kelly's The Irish Constitution demonstrates how natural law has been proven to be superior to man-made law including statutes, acts, legislation and guidelines.