Certain aspects of a 2007 law to accelerate a high-priority
road-building programme have been declared unconstitutional.
The challenge was brought in the Constitutional Court in January
2008 by 36 members of the National Council. The court decided not
to suspend the Act while it considered the challenge.
The unconstitutional provisions were those allowing building
permit applications to be made for land (but not buildings) yet to
be acquired. Applications needed only:
- declare the current status of the land-purchase process (ie
state whether title had been acquired or whether what was required
to acquire it had been done)
- include (as an alternative to providing evidence of actual
ownership) a pledge to acquire ownership of a plot or provide
evidence of the 'impracticability of acquiring it' by
contract (a phrase criticised by the court as too vague and
imprecise to be used in legislation)
