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1 results

  • 5 - Standards of Review and the Form of Constitutional Property Rights

  • Rachael Walsh, Trinity College Dublin
  • Book:
    Property Rights and Social Justice
    Published online:
    28 May 2021
    Print publication:
    10 June 2021, pp 106-123

  • Summary

    This chapter analyses the standards of review in Irish constitutional property law and their relationship to the text of the constitutional property clauses. It has a particular focus on the proportionality principle, which is an important point of convergence between many jurisdictions with constitutional property rights guarantees. It focuses on the distinctive questions that arise where it is deployed by judges in constitutional property rights adjudication. It futher considers the impact of the progressively framed text of the Irish Constitution's property rights clauses on the formulation and application of standards of review. It demonstrates that the form of constitutional property clauses may have limited impact in shaping the application of general standards of review, and argues for a greater judicial focus on the core question of fairness posed by constitutional property law.