Property and the constitution
著者
書誌事項
Property and the constitution
Hart, 1999
- : cloth
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注記
Bibliography: p. [263]-274
Includes index
内容説明・目次
内容説明
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.
目次
- Property as power and resistance, Janet McLean
- private property and public propriety, Kevin Gray and Susan Francis Gray
- the many dimensions of property, Geoffrey Samuel
- is property a human right?, Jim Harris
- constitutionalizing property - two experiences, two dilemmas, Gregory S. Alexander
- the constitutional property clause - striking a balance between guarantee and limitation, Andre van der Walt
- the Human Rights Act (UK) and property law, Tom Allen
- the normative resilience of property, Jeremy Waldron
- normative resilience - a response to Waldron, Maurice Goldsmith
- a constitutional property settlement between Ngai Tahu and the New Zealand crown, John Dawson
- property and the Treaty of Waitangi - a tragedy of the commodities?, Alex Frame
- liberal, democratic and socialist approaches to the public dimensions of private property, Michael Robertson.
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