Property Flashcards
(21 cards)
What two constitutional articles protect property rights in Ireland?
Article 43 and Article 40.3.2 of the Constitution.
What does Article 43.1.1 state about property rights?
It acknowledges private property as a natural right antecedent to positive law.
What power does Article 43.2 give to the State?
To regulate and delimit property rights in accordance with social justice and the common good.
What types of property are protected under Irish constitutional law?
Land, moveables, licences, pensions, contracts, choses in action.
Can corporations invoke Article 40.3.2?
Yes, as per Iarnród Éireann v Ireland [1996].
How do Articles 43 and 40.3.2 interact?
They are now read together: if a restriction meets social justice and common good, it is not an unjust attack.
Which case first articulated this integration?
Central Dublin Development v AG [1975].
What is an ‘unjust attack’ on property?
One that is not justified by social justice, common good, or proportionate to the goal.
What case ruled that permanent rent control without compensation was unjust?
Blake v AG [1982].
Is compensation always required for interference with property rights?
Not always. But substantial encroachments without compensation are rarely justified (Health Bill 2004).
What case clarified compensation includes consequential loss?
Rafferty v Minister for Agriculture [2014].
What 4-step test is used to assess proportionality of property restrictions?
Goal Legitimate?
means appropriate?
Least impairment of rights?
Fair balance between means and impact?
What case emphasized fair procedures in property decisions?
Dellway v NAMA [2011].
What case upheld land transfer for social housing as constitutional?
Planning and Development Bill (2000).
What case allowed asset seizure under the Proceeds of Crime Act?
Gilligan v Criminal Assets Bureau.
Are licences considered property?
Yes, but value arising from regulation is not always protected (e.g., Muldoon).
What case held milk quotas were not property?
Maher v Minister for Agriculture [2000].
What does Kelly say about Articles 43 and 40.3.2?
They mutually inform one another; unjust attacks must fail the social justice test.
What did the Constitution Review Group recommend?
Replace Articles 40.3.2 and 43 with a single article that permits restriction in the public interest.
What did O’Reilly v Limerick Corporation establish?
Courts will not supervise distribution of national wealth — it’s a legislative matter.
When might courts intervene in social/economic matters?
If bad faith or reckless disregard for constitutional rights is shown (Health Bill 2004).
