Is your property really protected by constitution?

jungleman12

I was just checking this case https://www.thejournal.ie/i-stopped-the-sheriff-activists-prevent-eviction-of-man-from-laois-home-362020-Feb2012/

And it seemed like sheriff could not enter the property because the matter was not a criminal case and even tho he had a court permission to enter the property, constitution seems to be above that court permission or that's at least how it looked to me?!

Another question is, can a sheriff take money from your bank account?

amcalester

Sheriff and Gardai left to avoid a scene not because their actions were unconstitutional.

It would take an appeal to the Supreme Court for something to be deemed unconstitutional, not just a protest on the roadside.

jungleman12

amcalester wrote: »

Sheriff and Gardai left to avoid a scene not because their actions were unconstitutional.

It would take an appeal to the Supreme Court for something to be deemed unconstitutional, not just a protest on the roadside.

What does constitution say about property trespassing really?
I don't think they would leave the scene so easily if they were right to be honest.

cobhguy28

jungleman12 wrote: »

I was just checking this case https://www.thejournal.ie/i-stopped-the-sheriff-activists-prevent-eviction-of-man-from-laois-home-362020-Feb2012/

And it seemed like sheriff could not enter the property because the matter was not a criminal case and even tho he had a court permission to enter the property, constitution seems to be above that court permission or that's at least how it looked to me?!

Another question is, can a sheriff take money from your bank account?

In that case the Sheriff left, because he was outnumbered and there was a risk to him and others.

The Sheriff came back a few days later after the crowd was gone and took the house. Ben Gilroy always forgets to mention that part.

https://www.thejournal.ie/laois-homeowner-who-stopped-the-sheriff-left-demoralised-after-eviction-385195-Mar2012/

jungleman12

cobhguy28 wrote: »

In that case the Sheriff left, because he was outnumbered and there was a risk to him and others.

The Sheriff came back a few days later after the crowd was gone and took the house. Ben Gilroy always forgets to mention that part.

https://www.thejournal.ie/laois-homeowner-who-stopped-the-sheriff-left-demoralised-after-eviction-385195-Mar2012/

I see, good find, thanks!

NUTLEY BOY

Irish constitution - Article 40.6.5 - provides that the dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.

however, if you have the relevant legal authority to effect an entry that is not trumped by the constitution.

Constitutional rights do not overbear on alternative competing rights in every instance. For instance, the constitutional right to freedom of expression does not nullify the competing right to protection of reputation as provided for by the tort of defamation.

GM228

NUTLEY BOY wrote: »

Irish constitution - Article 40.6.5 - provides that the dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.

however, if you have the relevant legal authority to effect an entry that is not trumped by the constitution.

Constitutional rights do not overbear on alternative competing rights in every instance. For instance, the constitutional right to freedom of expression does not nullify the competing right to protection of reputation as provided for by the tort of defamation.

The part in bold is conveniently forgotten about regularly by our Freeman friends.