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Property Rights - Coggle Diagram

- - - - unjust attack - if retrospective, lack of fair procedures, irrational, lack of proportionality or compensation
    - - Reid v IDA compulsory purchase of land, no purpose for land - held not allowed as no specific purpose -
    - - Webster evicted as not paying rent, social housing different to private housing, state entitled to manage own resources no entitlement to independent review
- - - - Casey v Minister landing rights on Skelig Michael curtailed - held - no attack on ferry operators as no inherent right to land
      - Greally v Minister for Education - catholic school required previous experience teaching in Catholic School - no breach only applied to catholic schools - no right to employment from specific employer
      - White v Bar Council ministered turned down former judge application, allowed - could find work elsewhere
      - AG v Paperlinks courier service breached An Post monopoly - held personal right not property right - any inefficienceis due to legislature - held - right not absolute can be subject to legal restraints
    - - disproportioante interference
        
        Cox v Ireland 7 year ban from teaching if convicted in special criminal court -held - disproprotionate - lenght of ban and lack of other employment options
        
        Article 26 and Employment Equality Bill aim good but disproportionate effect on smaller businesses
        
        NHV v Minister for Justice Burmese refugee status not decided for 5 years, not given temporary permission required to accept job - court held - disproportionate - can't keep person in limbo for 5 years
        
        GS v Commissioner of Garda garda vetting required for practical placement, included 1 previous conviction and 2 strike outs shouldn't have included strike outs
      - Hand v Dublin Corporation restrictions on street trading, common good - right subject to regulation - up to legislautre
      - Muldoon v Minister for Environment issued more taxi licences, existing licences lost value overnight - held no breach done in public interest
      - Cafolla v O'Malley restrictions on slot machine prizes - held - no breach as common good required gambling regulation (legislative matter, business stil profitable, no difference if now unprofitable)
- - - - Meath County Council v Murray important to respect planning laws, had been refused planning permission built it anyways, demolition order granted
      - dwelling of citizen can't be forcibly entered unless in course of law
      - Clare County Council v McDonagh members of travelling community illegaly occupying land - SC consider constitution before ECHR - caravans protected as dwellings