Property Rights and Social Justice

£24.00

Property Rights and Social Justice

Progressive Property in Action

Political science and theory Comparative law Constitutional and administrative law: general Property law: general

Author: Rachael Walsh

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Collection: Cambridge Studies in Constitutional Law

Language: English

Published by: Cambridge University Press

Published on: 10th June 2021

Format: LCP-protected ePub

Size: 4 Mb

ISBN: 9781108606431


Property Rights and Social Justice

Analyzes 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 require 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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