Property and the ConstitutionJanet McLean Hart Publishing, 1999 M08 23 - 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. |
Contents
1 Property as Power and Resistance | 1 |
2 Private Property and Public Propriety | 11 |
3 The Many Dimensions of Property | 40 |
4 Is Property a Human Right? | 64 |
Two Experiences Two Dilemmas | 88 |
Striking a Balance Between Guarantee and Limitation | 109 |
7 The Human Rights Act UK and Property Law | 147 |
8 The Normative Resilience of Property | 170 |
Other editions - View all
Common terms and phrases
References to this book
The Making of European Private Law: Toward a Ius Commune Europaeum as a ... J. M. Smits Limited preview - 2002 |