Book contents
- Property Rights and Social Justice
- Cambridge Studies in Constitutional Law
- Property Rights and Social Justice
- Copyright page
- Dedication
- Contents
- Acknowledgements
- 1 Progressive Property in Action
- 2 Understanding Progressive Property
- 3 Property as Ideology, Individual Right, and Institution
- 4 Engaging Constitutional Property Rights
- 5 Standards of Review and the Form of Constitutional Property Rights
- 6 Adjudicating Fairness
- 7 Security of Possession in a Progressive Constitutional Context
- 8 Security of Value in a Progressive Constitutional Context
- 9 Learning from Progressive Property in Action
- Bibliography
- Cases
- Index
- Cambridge Studies in Constitutional Law (continued from page ii)
5 - Standards of Review and the Form of Constitutional Property Rights
Published online by Cambridge University Press: 28 May 2021
- Property Rights and Social Justice
- Cambridge Studies in Constitutional Law
- Property Rights and Social Justice
- Copyright page
- Dedication
- Contents
- Acknowledgements
- 1 Progressive Property in Action
- 2 Understanding Progressive Property
- 3 Property as Ideology, Individual Right, and Institution
- 4 Engaging Constitutional Property Rights
- 5 Standards of Review and the Form of Constitutional Property Rights
- 6 Adjudicating Fairness
- 7 Security of Possession in a Progressive Constitutional Context
- 8 Security of Value in a Progressive Constitutional Context
- 9 Learning from Progressive Property in Action
- Bibliography
- Cases
- Index
- Cambridge Studies in Constitutional Law (continued from page ii)
Summary
This chapter analyses the standards of review in Irish constitutional property law and their relationship to the text of the constitutional property clauses. It has a particular focus on the proportionality principle, which is an important point of convergence between many jurisdictions with constitutional property rights guarantees. It focuses on the distinctive questions that arise where it is deployed by judges in constitutional property rights adjudication. It futher considers the impact of the progressively framed text of the Irish Constitution's property rights clauses on the formulation and application of standards of review. It demonstrates that the form of constitutional property clauses may have limited impact in shaping the application of general standards of review, and argues for a greater judicial focus on the core question of fairness posed by constitutional property law.
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- Property Rights and Social JusticeProgressive Property in Action, pp. 106 - 123Publisher: Cambridge University PressPrint publication year: 2021