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)
4 - Engaging 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 examines the underexplored issue of when the constitutional protection for property rights is engaged, thereby highlighting a significant threshold issue in constitutional property law. This raises complex, contested questions concerning the meaning of ownership, including whether it should be understood in interpersonal terms or in terms of individual relationships with 'things', and whether it involves a 'bundle of rights' that can be packaged in various ways or entails core or essential powes for owners. It shows that the legal impact of these ideas is more complex and involves significantly moe overlap between competing perspectives than their dichotomous presentation at the level of theory suggests. FInally, it analyses the political effects of a wide-reaching interpretation of constitutional property rights guarantees, assessing the progressive property concern about the potential for constitutionalisation to entrench the status quo. The Irish experience shows that constitutional property rights can have political effects that are not always aligned to, or reflective of, their strict legal effects.
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- Property Rights and Social JusticeProgressive Property in Action, pp. 77 - 105Publisher: Cambridge University PressPrint publication year: 2021