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Can the State commandeer private property for emergencies?

  • 14-08-2011 10:00pm
    #1
    Closed Accounts Posts: 19,986 ✭✭✭✭


    We've seen Jack Bauer or realy any TV show and the policeman in pursuit crashes. He jumps out, flashes the badge to take over a private citizens car and sets off in pursuit again
    Usually the second car gets trashed too :D
    Can such a thing happen in Ireland? I suppose arguing the apprehension of a dangerous individual is for the common good and security of the state and the motorist can claim for compensation later.

    During Hurricane Katrina there were cases where pharmacies were taken over by troops to distribute their products. This also stops pharmacies from price gouging desperate people
    Or suppliers with electricity generators had their products commandeered. Again the owners would have to claim for compensation.

    Suppose there is a national emergency in Ireland, can the State do such a thing?
    Our does the protection of private property override this?

    If Ireland was ever affected by a national disaster can the State took over property. For example a war and Ireland blockaded could they seize idle agricultural land or does the Constitution stop this?
    I believe in the "Emergency" certain measures were taken about agricultural land and instructions given. Also bogs had to be developed


    So this:
    Article 43
    1. 1° The State acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods.
    2° The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property.

    can be overridden by this. Is that correct?
    2. 1° The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice.
    2° The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good.


Comments

  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    Considering you can be locked up and deprived of your liberty if a doctor reckons you have an illness, I'd say property rights might be weaker than this


  • Registered Users, Registered Users 2 Posts: 2,077 ✭✭✭Finnbar01


    2. 1° The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice.
    2° The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good.

    Yes, because anything can be done for the common good.


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