Property Rights and Social Justice

ISBN-13: 9781108446907 / Miękka / 2023 / 319 str.

Rachael (Trinity College Dublin) Walsh

Opis

Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.

Recenzje

'Property Rights and Social Justice: Progressive Property in Action provides a valuable and genuinely ground-breaking examination of Irish constitutional property law 'in action' through the lens of progressive property theory. As such, this book more than lives up to its promise that its focus on combining doctrine and theory will enliven and enrich debates about the complex relation between social justice and property rights, not only in an Irish context, but for all scholars and students interested in property theory and comparative constitutional property law. Providing a treasure trove of Irish examples, this book opens up a new chapter in progressive property debates.' Emma Waring, Lecturer in Property Law and Theory, Land Law and Art Law, York Law School, University of York

Spis treści

1. Progressive Property in Action: Widening the Doctrinal Lens; 2. Understanding Progressive Property: Traits, Themes and Values; 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: The 'Unjust Attack' Assessment; 7. Security of Possession in a Progressive Constitutional Context; 8. Security of Value in a Progressive Constitutional Context; 9. 'Progressive Property' in Action: Context, Complexity, and the Democratic Mediation of Property Rights and Social Justice.