Market forces alone cannot be allowed to dictate the provision and price of housing, Labour leader Mr Pat Rabbitte said today.
Addressing the Irish Congress of Trade Unions' (ICTU) biennial conference in Tralee, Mr Rabbitte said he believed strong intervention by the State "is essential in the interests, as the Constitution puts it, of 'social justice' and 'the exigencies of the common good'".
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The Labour leader said it was clear the State is constitutionally entitled to regulate property rights but it may not do so in a manner that disproportionately interferes with those rights.
"A disproportionate interference would be classed as an 'unjust attack' and so unconstitutional. But an interference is proportionate and permissible if it has due regard to the principles of social justice and the exigencies of the common good," he said.
"Both social justice and the common good dictate that land owners should not accrue huge gains purely as a result of land rezoning of planning permission," added Mr Rabbitte.
He said that the only way of finding out whether proposals from the Kenny Report [on building land] would survive constitutional scrutiny is to incorporate them into legislation and await the outcome of constitutional challenge.
"If the legislation fails, then we will at least have a clearer view as to why it fell and of the nature and extent of the amendments to the Constitution required . . . to restore it.
Mr Rabbitte also called for a cheaper, more economical, more efficient and speedier method of inquiring into matters of a public interest than costly tribunals.
Referring to the planning tribunal he said it was "simply unthinkable that the taxpayer might be made liable to pay the costs of wealthy parties deemed to have obstructed and delayed the Flood Tribunal".
The conference is expected to discuss a wide range of issues, including recent job losses and recruiting new members into trade unions.