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This chapter synthesises the broad picture that emerges from Irish constitutional proeprty law about the mediation of property rights and social justice, and about the impact of progressively framed constitutional property guarantees on that mediation. It highlights the rewards for progressive property theory of doctrinal analysis and a wider comparative lens. Most fundamentally, it emphasises the political nature of constitutional property law in two ways. FIrst, judges gravitate away from innovative interpretation and application of ideas like social justice towards deference to the determinations of the elected branches of government. Second, constitutional property law can have political, and wider cultural effects, that do not reflect the strict legal effect of constitutional property rights as reflected in doctrine. It concludes that Irish constitutional property law demonstrates the challenges of implementing progressive property ideas in legal doctrine, but at the same time provides an illuminating example of a broadly coherent and effective attempt to implement a progressive constitutional structure for achieving partial resolutions of the tension betwene property rights and social justice.
Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.
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