Constitutional Property Clauses: A Comparative Analysis - Softcover

Inhaltsangabe

The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. With the introduction of a new, democratic Constitution in 1993, South African lawyers were forced to join the debate on constitutional property, particularly in a setting where restitution and land reform are important goals of the sociopolitical transformation process. Given the situation and the nature of the South African Bill of Rights, it was clear that a comparative study of constitutional property law was necessary. This book started out as a casebook, the idea being to collect the most important cases on constitutional property law from various jurisdictions, but because of the volume of important constitutional property cases from around the world, this idea was abandoned. The result is a book that consists of three parts. The first chapter contains general discussion of comparative, theoretical and analytical issues, and the author explains the way in which the book is structured. The second part of the book consists of 18 chapters on jurisdictions where the property clause has generated substantial case law, and jurisdictions that merit extensive analysis and discussion. Each of these chapters gives a general introduction, an historical overview if necessary, an analysis of the relevant property clause and a discussion of the case law. The third part of the book consists of a collection of 86 property clauses from jurisdictions not included in earlier chapters, sometimes without discussion and in other instances with very brief discussion of either the property clause or the case law.

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