Constitutional Property Law
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Constitutional Property Law
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Author : Andries Johannes Van der Walt
language : en
Publisher:
Release Date : 2005
Constitutional Property Law written by Andries Johannes Van der Walt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Successor to the 1997 publication : The constitutional property clause : a comparative analysis of section 25 of the South African Constitution of 1996.
Constitutional Property Clauses
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Author : A. Van der Walt
language : en
Publisher: Springer
Release Date : 1999-12-09
Constitutional Property Clauses written by A. Van der Walt and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-12-09 with Law categories.
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.
Property And Constitution
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Author : A. J. Van der Walt
language : en
Publisher:
Release Date : 2017
Property And Constitution written by A. J. Van der Walt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Common law categories.
"Property and Constitution embodies an effort to work out how to give practical effect to the constitutional obligation to interpret legislation and develop the common law so as 0́8to promote the spirit, purport and objects of the Constitution0́9, particularly in the area of Property Law. The author distinguishes between situations where the constitutionally inspired interpretation of legislation should prevail and others where suitable development of the common law may be required, distinguishing both from cases where direct reliance on the constitutional provision is permissible. He also considers the importance of obligations inherent in diverse constitutional provisions relating to for example arbitrariness, restitution and homelessness for the further development of Property Law. The book should appeal to academics, practitioners, policy makers and postgraduate research students with an interest in the constitutionally inspired development of Property Law."--Publisher's website.
The Global Debate Over Constitutional Property
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Author : Gregory S. Alexander
language : en
Publisher: ReadHowYouWant.com
Release Date : 2011-07-29
The Global Debate Over Constitutional Property written by Gregory S. Alexander and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-29 with Law categories.
Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security nec...
Property Rights And Social Justice
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Author : Rachael Walsh
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-10
Property Rights And Social Justice written by Rachael Walsh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-10 with Law categories.
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Introduction To The Law Of Property
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Author : A. J. Van der Walt
language : en
Publisher:
Release Date : 1999
Introduction To The Law Of Property written by A. J. Van der Walt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Property And The Constitution
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Author : Janet McLean
language : en
Publisher: Hart Publishing
Release Date : 1999-08-23
Property And The Constitution written by Janet McLean and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-23 with Law categories.
Papers from a July 1998 conference, written by public lawyers, property lawyers, and legal philosophers, examine public dimensions of private property. Contributors consider whether property is a human right, and look at its role in making responsible citizens, its relationship to freedom of speech, constitutional protections of private property, and attempts to redress historical wrongs by property settlements to indigenous people. The editor is former director of the New Zealand Institute of Public Law, and a lecturer at the University of Auckland, New Zealand. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
The Constitutional Protection And Regulation Of Property And Its Influence On The Reform Of Private Law And Landownership In South Africa And Germany
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Author : Hanri Mostert
language : en
Publisher: Springer Science & Business Media
Release Date : 2002
The Constitutional Protection And Regulation Of Property And Its Influence On The Reform Of Private Law And Landownership In South Africa And Germany written by Hanri Mostert and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Business & Economics categories.
One: Research Question, Terminology and Methodology.- 1: Introduction.- 1. An Introduction to the Basic Problems.- 2. Objectives of Research.- 2.1. Motivation.- 2.2. Legal Comparison.- 2.3. Delimitation.- 3. Practical Significance of Research.- 4. Inquiry Outline.- 2: Terminology.- 1. Possible Terminological Difficulties.- 2. Ownership and Property.- 2.1. Ideological Concept.- 2.2. Legal Concept.- 2.2.1. Private Law Terminology.- 2.2.2. Terminology of the Constitution.- 2.2.3. Terminology of Reform.- 2.2.4. Polarisation of the Private Law Property and Constitutional Property.- 3. Public Interest, Common Weal and Public Purposes.- 3.1. Public Interest and Common Weal in the Constitutional Context.- 3.2. Public Interest, Public Purposes and the Property Clauses.- 3.2.1. Public Interest, Public Purposes and Expropriation.- 3.2.2. Public Interest, Public Purposes and Land Reform.- 4. The Relationship between Property and Public Interest.- 3: Legal Comparison and the Course of Inquiry.- 1. Legal Comparison as Method of Analysis.- 2. Comparative Analysis as Constitutional Directive.- 3. Possibilities for Legal Comparison.- 4. Similarities in the German and South African Property Orders.- 4.1. Bases of the Legal Systems and their Material Law.- 4.2. Corresponding Legal Problems.- 4.3. Comparable Legal Methods.- 4.4. Constitutional Principles.- 5. Differences between the German and South African Systems of Property Law.- 5.1. Drafting Circumstances.- 5.2. Wording of South African and German Property Clauses.- 6. Course of Inquiry.- Two: Background to the Constitutional Protection of Property in Germany and South Africa.- 4: The Drafting Histories of the South African and German Constitutional Property Clauses.- 1. Relevance of an Historical Inquiry.- 2. Germany: Development of Property Protection Under a Constitution.- 2.1. Historical Background of article 14 GG.- 2.1.1. First Attempts at Constitutional Protection of Property.- 2.1.2. Property Protection in the Weimar Republic and Under National-Socialism.- 2.1.3. Circumstances Influencing the Drafting of article 14 GG.- 2.1.4. Constitutional Property Protection in a Reunified Germany.- 2.2. Relevance of article 14 GG for the German Property Order.- 3. South Africa: Negotiating a Constitutional Property Clause.- 3.1. Historical Background to the Property Clauses.- 3.1.1. The Inclusion of a Property Guarantee in the Constitution.- 3.1.2. Compromises Incorporated in Section 28 IC and Section 25 FC.- 3.1.3 Certification of Section 25 FC.- 3.2. Relevance of the Constitutional Property Clauses for the South African Property Order.- 4. Constitutionalism and Socio-economic Needs.- 5: Structure of the Constitutional Protection and Regulation of Property in Germany and South Africa.- 1. External Aspects of the Constitutional Property Clauses.- 2. "Positive" and "Negative" Guarantees.- 2.1. The German Property Guarantee.- 2.2 The South African Property Guarantees.- 2.2.1. Section 28 IC.- 2.2.2. Section 25 FC.- 2.3. Legal-comparative Evaluation.- 3. Basic Structure of an Inquiry into the Constitutional Property Clause.- 3.1. Structure of Human Rights Litigation in General.- 3.2. Substantive Issues Relating to the Property Clause.- 3.2.1. Claims Arising from the Constitutional Property Clause.- 3.2.1.1. The Claim to Have Property.- 3.2.1.2. Eligibility to Hold Property.- 3.2.1.3. Insulation of Private Property from State Interference.- 3.2.1.4. Immunity against Uncompensated Expropriation.- 3.2.2. Stages of Inquiries Based on the Constitutional Property Clause.- 3.2.2.1. Inquiries into the Constitutional Validity of an Interference with Property.- 3.2.2.1.1. "Threshold Question".- 3.2.2.1.2. Infringement Question.- 3.2.2.1.3. Justifiability.- 3.2.2.2. Inquiries Regarding the Payment of Compensation.- 3.2.3. Summary: Object of Protection and Nature of Limitation.- 3.3. The Structure of the Judicial System and its Relevance for a Constitutional Property Inquiry.- 3.3.1. The South African Judicia...
The Constitutional Property Clause
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Author : A. J. Van der Walt
language : en
Publisher: Juta
Release Date : 1997
The Constitutional Property Clause written by A. J. Van der Walt and has been published by Juta this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
This text is directed at legal practitioners in the fields of property and constitutional law as well as at students dealing with these subjects. Through comparative analysis it considers some of the main issues raised by the interpretation and application of Section 25 of the 1996 Constitution.
Transformative Property Law
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Author : Gustav Muller
language : en
Publisher:
Release Date : 2018
Transformative Property Law written by Gustav Muller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Transformative Property Law honours Professor AJ Van der Walt (1956-2016) - scholar, mentor, and teacher. As the first incumbent of the DST/NRF South African Research Chair in Property Law his primary research goal was to develop the theoretical foundations for the transformation of property law in post-apartheid South Africa. Transformative Property Law consists of 20 essays by a combination of senior and young scholars from South Africa, the United States of America, the United Kingdom, Ireland, the Netherlands, Belgium, and Zimbabwe. The essays focus on the themes that Professor Van der Walt developed during the first 10 years of the research chair, namely: (a) the single system of law and subsidiarity principles; (b) the marginality principle; (c) the development of the common law of property; (d) constitutional property law; and (e) property theory. This volume also includes a list of all Professor Van der Walt's research outputs and a list of all the Masters and Doctoral students that he supervised during his career. Transformative Property Law covers topics that are on the forefront of global thinking on property law and will be a valuable resource for subject specialists, researchers, advanced students, practitioners and the judiciary alike. Juta's Property Law Library is aimed at revisiting and reassessing the whole of South African property law, which includes uncodified common law that is mostly embodied in case law, academic writing and legislation, to establish: - how each aspect of property law was influenced by apartheid law; - its response to the new constitutional dispensation (including land reform), and; - whether it can make a contribution towards the transformation of South African law and society. For this purpose, Juta's Property Law Library will eventually consist of a number of monographs, each of which is focused on a specific aspect of property law.