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Property Rights

Constitutional Law

Case NameDescription
Blake v AG Rent Restriction Acts invalid as they interfered with landlords property rights over controlled dwellings (permanent, specified date, no regards to means/hardship, no compensatory factors)
Re Part V of the Planning and Development Bill Valid to require percentage of zoned residential land be designated for affordable housing, as well as paying existing use value
O'Callaghan v CPW Restrictions to protect national monuments required by the common good, with compensation not always required for principles of social justice
J&J Haire v Minister for Health Existing contract let Minister unilaterally change rates of pay to pharmacists so new legislation was not an attack on property rights, and even if it had been it would not have been unjust owing to to enormous financial pressure of the State
Re Employment Equality Bill Making employer pay to accommodate the disabled was unconstitutional as there was no exemption for small business, a wide definition of disability, and it involved employers disclosing finances as proof of undue hardship
Nursing Home Charges Bill Bill proposing to make prior imposition and payment of charges for nursing homes lawful could not accord with social justice
Created by: maevb