Constitutional property clauses: a comparative analysis
The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. This new and unique work is more than a collection of cases on constitutional property law, it is an in-depth comparison of constitutional property clauses in jurisdictions around the world. The book consists of three parts: The first chapter contains a general discussion of comparative, theoretical, and analytical issues. The second part consists of eighteen chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence, meriting extensive analysis and discussion. Among the countries discussed are Australia, Japan, Canada, Germany, Switzerland and South Africa. For easy reference the structure of these country-by-country chapters is identical. These chapters not only contain practical, useful legal information but also a normative interpretation of constitutional property clauses in their national and international context. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports. The focus of the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions. The book will be of interest to private and public lawyers engaged in international trade and business practices, As well as to scholars of comparative (constitutional) law.
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acquired acquisition of property Amendment article 14 BCLR bill of rights Botswana BVerfGE chapter on Germany chapters on Australia Chaskalson combined property guarantee Commonwealth of Australia Compare the chapters compensation guarantee compulsory acquisition Constitution of Zimbabwe Council of Europe decision deprivations of property discussion dispossessions due process ECHR Series effect eminent domain excluded expropriation fundamental rights Gambia Gopal Bose guarantee in section Guyana Human Rights institutional guarantee Int & Comp interest or right interpretation jurisdictions justified land reform law in question legislation limitations of property LRC Const Mauritius payment person police power principle private property property clause property concept property in terms property rights protection public interest public purpose reference regard regulatory limitations regulatory takings Republic require compensation restrictions rights and freedoms SAJHR section 16 section 4(a section 51(xxxi Series A vol South Africa Supreme Court taking of possession terms of section tion Uganda VfSlg Zimbabwe