Property and the Constitution

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Janet McLean
Hart Publishing, 1999 - Law - 276 pages
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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.
 

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Contents

Property as Power and Resistance
1
Federal Republic of Germany Ser A vol 100 1986 153
12
Ontario Jockey Club 1988 46 DLR 4th 359
14
City of Victoria SCC 28 January 1999 166167
20
J J Saunders 1996 Ch 19 166
21
Netherlands Ser A no 99 1986 153
27
William G Mulligan Foundation for the Control of First Aid Squadders
34
The Many Dimensions of Property
40
The Human Rights Act UK and Property Law
147
Gasus DosierUnd Fordertechnik GmbH v Netherlands
148
UK Ser A no 24 1976 147149
157
Taranaki Fish and Game Council v McRitchie 1997 DCR 446 237
167
The Normative Resilience of Property
170
Normative ResilienceA Response to Waldron
197
Te Runanga o Muriwhenua v AttorneyGeneral 1990 2 NZLR 641 230
214
A Tragedy of the Commodities?
224

Port of New York Authority 392 F2d 83 1968 28
58
Is Property a Human Right?
64
Two Experiences Two Dilemmas
88
Striking a Balance Between
109
Liberal Democratic and Socialist Approaches to the Public
239
Bibliography
263
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About the author (1999)

Janet Mclean is a Senior Lecturer in Law at the University of Auckland,New Zealand.

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