Description
Book SynopsisThe book analyses the function and operation of constitutional property rights guarantees that mediate social justice and private ownership from theoretical and doctrinal perspectives. It draws lessons for the development of 'progressive property' theory from Irish constitutional property law.
Trade Review'This is an impressive book bringing the often US centered progressive property law debate to an Irish and therefore European context. It contributes an Irish perspective on constitutional property law demonstrating its compatibility with progressive property theory, and also provides us with an important lesson on the constitutionalization of property rights.' Bram Akkermans, Professor of European Private Law and Sustainability, Maastricht European Private Law Institute, Maastricht University
'In this important and innovative new work, Professor Walsh combines her deep understanding of property theory with a rigorous reading of doctrinal property law in the context of Irish constitutional property to develop fresh insights on property law adjudication, and its implications for property theory. This book is essential reading for anyone interested in understanding property theory and property law.' Lorna Fox O'Mahony, Professor of Law, Essex Law School, University of Essex
'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
Table of Contents1. 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.
