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7 - Security of Possession in a Progressive Constitutional Context

Published online by Cambridge University Press:  28 May 2021

Rachael Walsh
Affiliation:
Trinity College Dublin
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Summary

This chapter explores the question of a 'public purpose' requirement for the taking of property, and the nature of any 'right to keep' as an incident of ownership, through the prism of Irish constitutional property law. It illustrates how the progressively framed Irish constitutional property clauses have translated into a weak public purpose requirement that retains flexibility for the elected branches of government to determine that deprivation of property is warranted in a wide range of circumstances. It draws lessons from Irish constitutional property law for progressive property attempts to address the 'public purpose' question in ways that both preserve the State's ability to acquire or abrogate property rights in the public interest and protect owners' and their communities against unfair exploitation.

Type
Chapter
Information
Property Rights and Social Justice
Progressive Property in Action
, pp. 164 - 196
Publisher: Cambridge University Press
Print publication year: 2021

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