Constructive Notice: Where to point the finger?

Our entire national Economy collapsed and we still don’t get it; banks are at the heart of our wealth. Mere punitive legislation, mergers and recapitalisation will do nothing for our patient; we are applying a plaster on an infected wound.

In Ireland we make law two ways: either judicially or through the Oireachtas (although many, in an attempted support of the express provision of our Constitution in Article 15, namely that only the Oireachtas has the power to legislate, will disagree – therefore I would have to quote God McCarthy in Rooney v Connolly (1987), law made by judges can only be undone by judges). The Oireachtas has failed in healing the wound and, apparently, so has our judiciary. The question to be asked is, where did we go wrong?