Inviolability of the Dwelling, Planning Enforcement Actions and Miss Fortune: An Analysis of the Cases Between the County Council of Wicklow and Fortune

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Abstract

In Ireland, the fundamental rights of citizens are guaranteed by the Irish Constitution, 1 which aims to protect rights valued within modern societies.2 The Irish planning regime3 operates under the overarching framework provided by these rights, and any actions taken under the regime’s authority must not breach the rights protected by the Constitution. This Country Report will focus on the recent series of cases between the County Council of Wicklow and Miss Fortune,4 which has revealed a tension between the individual rights enshrined by the Constitution and the aims of the planning regime, which centre on the community.
Original languageEnglish
Pages (from-to)198-205
JournalIUCN Academy of Environmental Law eJournal
Issue number5
Publication statusPublished - 2014

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