Legislation freezing wage increases in banks in the 1970s was found to be constitutional. The courts referred to the legislature\u2019s role in striking a balance in economic and social matters. There was sufficient reasonable basis upon which legislature could act, given the circumstances of high inflation at the time.<\/p>\n
A challenge to the constitutionality of the National Asset Management Agency Act 2009 was rejected. It was not a disproportionate interference with property rights. The effect of the legislation was to compulsorily transfer loans from banks to NALM. The rights of borrowers remained substantially unchanged. The courts did find that fair procedures were required in relation to the transfer under the legislation, on the basis that NAMA was a public body.<\/p>\n
In O’Callaghan v. Commissioners of Public Works, the designation of a monument without a fair hearing, by way of a preservation order without fair procedure which resulted in sterilisation of the property without compensation was claimed to be unconstitutional. However, the Supreme Court held that the common good requires national monuments to be preserved. It indicated that where land was purchased with the knowledge that it contains a monument, there is no basis for claiming compensation. The position might be different if it was not apparent that there was a monument or artefacts on the land.<\/p>\n\n
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Forfeiture A range of legislation allows for forfeiture of the proceeds of crime, articles involved in crime or the assets of persons involved in crime. They have been held not to be in the nature of criminal proceedings, but to be civil proceedings. Accordingly, the provisions applicable to criminal proceedings do not apply. Generally, the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[37,164],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/914"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=914"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/914\/revisions"}],"predecessor-version":[{"id":927,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/914\/revisions\/927"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=914"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=914"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=914"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}