Constitutional Property Protection and Regulatory Inertia: Towards an Aristotelian Understanding of Regulatory Excess

PhD thesis

Written by: Víðir Smári Petersen

Supervisors: Prof Dr Bram Akkermans and Dr Daniel On

Keywords: Constitutional Property Protection, Regulatory Inertia, Climate Change, Social Function of Property

This thesis explores how laws that protect private property can make it harder for governments to fight climate change and protect nature. If the government tries to limit what someone can do with their land—for example, to save wetlands or reduce pollution—it might have to pay the landowner money or face legal challenges. Because of this, politicians often hesitate to take strong environmental action.

This thesis suggests we rethink how we treat property rights. Instead of seeing them as almost untouchable, we could treat them as part of a shared duty to protect the planet. That means finding fair ways to balance personal ownership with the public need for a healthy environment.

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