Property and the Constitution
Hart Publishing, 1999 - Law - 276 pages
In this set of essays,public lawyers, property lawyers and legal philosophers examine the public dimensions of private property. At a time when governments across the globe are privatising formerly public property, the public forum is being replaced by the privately owned shopping mall, and an increasing range of interests are being described as 'property', an examination of the powers which attach to ownership becomes all the more pressing. The contributors consider whether property is a human right, its role in making responsible citizens, its relationship to freedom of speech and other values, the proper scope of constitutional protections of private property, impediments to the redistribution of property, and attempts to redress historical wrongs by property settlements to indigenous people. Taking a richly comparative perspective, examples have been drawn from jurisdictions as diverse as the United Kingdom, South Africa, Germany, the United States, and New Zealand. Contributors: Janet McLean (ed), Kevin Gray, Susan Francis Gray, Geoffrey Samuel, J W Harris, Gregory Alexander, Andre van der Walt, Tom Allen, Jeremy Waldron, Maurice Goldsmith, Alex Frame, John Dawson, Michael Robertson.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Property as Power and Resistance
Federal Republic of Germany Ser A vol 100 1986 153
Ontario Jockey Club 1988 46 DLR 4th 359
City of Victoria SCC 28 January 1999 166167
J J Saunders 1996 Ch 19 166
Netherlands Ser A no 99 1986 153
William G Mulligan Foundation for the Control of First Aid Squadders
The Many Dimensions of Property
The Human Rights Act UK and Property Law
Gasus DosierUnd Fordertechnik GmbH v Netherlands
UK Ser A no 24 1976 147149
Taranaki Fish and Game Council v McRitchie 1997 DCR 446 237
The Normative Resilience of Property
Normative ResilienceA Response to Waldron
Te Runanga o Muriwhenua v AttorneyGeneral 1990 2 NZLR 641 230
A Tragedy of the Commodities?
acquisition of property action Amendment American argument Article 14 basic bill of rights Chaskalson claims common law Commonwealth compensation concept Constitutional Court constitutional property clause context Convention economic effect EHRR entrenchment of property erty example exclusion existing expropriation feudal German constitutional guarantee H. L. A. Hart Human Rights Act Ibid individual interference jurisprudence Justice justified land reform law of obligations Legal positivism legislation liberal limitation-oriented Maori moral Nedelsky Nedelsky's objections Ngai Tahu normative resilience obligation owner ownership interests Oxford person political principle private law private property privatised prop property clause property institutions property jurisprudence property law property rights provides PruneYard Shopping Center public interest quasi-public question reasons recognised relation Roman model section 51(xxxi self-ownership shopping mall social society status statutory Supreme Court theory thing tion tradition Treaty of Waitangi trespassory rules type 2 judgements University Press Waitangi Tribunal