Constitutional property protection and regulatory inertia: towards an Aristotelian understanding of regulatory excess

Víðir Smári Petersen

doi:10.26481/dis.20251023vp

Constitutional property protection and regulatory inertia: towards an Aristotelian understanding of regulatory excess

Víðir Smári Petersen

Research output: Thesis › Doctoral Thesis › Internal

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Abstract

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.

Original language	English
Qualification	Doctor of Philosophy
Awarding Institution	Maastricht University
Supervisors/Advisors	Akkermans, Bram, Supervisor On, Daniel, Supervisor
Award date	23 Oct 2025
Place of Publication	Maastricht
Publisher	Maastricht University.nl
Print ISBNs	9789465109428
DOIs	https://doi.org/10.26481/dis.20251023vp
Publication status	Published - 23 Oct 2025

Keywords

Constitutional Property Protection
Regulatory Inertia
Climate Change
Social Function of Property

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10.26481/dis.20251023vp

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Constitutional Property Protection and Regulatory Inertia: Towards an Aristotelian Understanding of Regulatory Excess
Akkermans, B. (Supervisor), On, D. (Co-supervisor), Faure, M. (Assessment committee chair), Beckers, A. (Assessment committee member), Hoops, B. (Assessment committee member) & Walsh, R. (Assessment committee member)
23 Oct 2025
Activity: PhD examination / assessment committee › PhD (co-) supervision / assessment committee - internal promotion › Academic

Cite this

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AB - 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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KW - Climate Change

KW - Social Function of Property

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SN - 9789465109428

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ER -

Constitutional property protection and regulatory inertia: towards an Aristotelian understanding of regulatory excess

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

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