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 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. 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.
Author: Rachael Walsh
Chair: Professor Aileen Kavanagh (TriCON) Trinity College Dublin
Justice Donal O'Donnell, Supreme Court of Ireland.
Advocate General Gerard Hogan, European Court of Justice.