Property Rights and Social Justice: Progressive Property in Action

Property Rights and Social Justice examines how constitutional property rights guarantees mediate private ownership and social justice, combining property theory with doctrinal analysis. It argues that primacy is given to political determinations about the appropriate mediation of property rights and social justice, and that the political impact of constitutionalization needs to be disentangled from its strict legal effects.

Format: Paperback / softback
Length: 319 pages
Publication date: 16 February 2023
Publisher: Cambridge University Press

Property Rights and Social Justice delves into the dynamic realm of progressive property, exploring the intricate interplay between private ownership and social justice. By examining the pivotal role of constitutional property rights guarantees in mediating these two critical aspects, the book offers a comprehensive analysis of the subject matter. Drawing upon insights from property theory and conducting a profound doctrinal examination of the relationship between property rights and social justice within the constitutional and broader legal context, Property Rights and Social Justice sheds light on the complex dynamics at play.

Through the lens of the Irish Constitution's property guarantees, which stand out as unique in the English-speaking, common law world by simultaneously safeguarding property rights and mandating their regulation by the State to ensure social justice, the book conducts its analysis. This unique approach allows for a comprehensive exploration of the interplay between property rights and social welfare, providing valuable insights into contemporary property theory.

By presenting doctrinal examples that are both fresh and illuminating, Property Rights and Social Justice enhances global debates about the constitutional protection of property rights. It argues that primacy is inevitably accorded to political determinations regarding the appropriate mediation of property rights and social justice, emphasizing the need to disentangle the political impact of constitutionalization from its strict legal effects.

In conclusion, Property Rights and Social Justice is a groundbreaking work that offers a comprehensive and insightful examination of progressive property in action. Through its doctrinal analysis and examination of the Irish Constitution's property guarantees, the book provides valuable insights into contemporary property theory and enhances global debates about the constitutional protection of property rights. It is a must-read for scholars, policymakers, and anyone interested in understanding the complex dynamics between private ownership and social justice.

ISBN-13: 9781108446907