CPO Essay Flashcards
(10 cards)
What Articles of the Irish Constitution protect property rights?
Articles 40.3.2 and 43. Article 40.3.2 protects against unjust attacks on property, and Article 43 recognises the natural right to private ownership but allows regulation for social justice and the common good.
When is a CPO constitutionally justified?
When it is for a legitimate public purpose, complies with social justice, serves the common good, follows fair procedures, and is proportionate.
What are the components of the proportionality test?
Objective must be important.
Measures must be rationally connected to the objective.
Must impair rights as little as possible.
Must strike a fair balance between benefits and harm.
What principle was affirmed in Rafferty regarding compensation?
That a person compulsorily deprived of property is entitled to compensation for total loss, including consequential loss, unless a proportionate and legitimate reason justifies limiting it.
What case established the right to fair procedures in administrative decisions affecting property?
Dellway Investments v NAMA [2011], which held that individuals must have the opportunity to be heard, even if no definitive legal right is being removed.
How do Articles 40.3.2 and 43 interact?
They are read together. Restrictions that are consistent with social justice and the common good are not unjust attacks under Article 40.3.2.
What must a CPO be based on to be valid?
A sufficient and proper public purpose, as emphasised in Clinton v An Bord Pleanála [2005].
Is market value always required as compensation for a CPO?
No. Compensation must be reasonable and proportionate, but not necessarily at full market value.
What did the court find in the Rent Restrictions Act case (Blake)?
The act was an unjust attack on property because it was arbitrary, offered no compensation, and was not limited in duration.
How does the Constitution protect property rights of vulnerable individuals?
Even modest property enjoys constitutional protection. In Health (Amendment) Bill, denying refunds to vulnerable patients was deemed an unjust attack.
