property rights

Question 1

what do article 40.3.2 and article 43 concern

Answer 1

concern the right to own property and to have this right protected from unjust attack

Question 2

what is property

Answer 2

not confined to land goods and money but extended to contractual rights, right to earn a living, right to entitlement under a contract of employment and to pensions

Question 3

what is article 43

Answer 3

protects general right to own and transfer property

Question 4

what is article 40.3

Answer 4

concerns personal property rights of individuals in respect of specific items of property belonging to them

Question 5

what happened in Blake v AG

Answer 5

1915- rent controls introduced for properties of low rateable values (post ww1)
controls constantly renewed then made permanent in 1946
early 1980s people paying same rent rate as 1915
legislation made it difficult for landlords to recover possession of property

Question 6

what was held in Blake v AG

Answer 6

that it was an unjust attack on property rights

Question 7

4 factors taken into account in Blake v AG

Answer 7

1. valuations of property included were clearly out of date
2. legislation didnt account for financial position of landlords/tenants
3. no compensation was provided for landlords that were affected
4. no provision for review/update of rental rights