Constitutional property clauses : a comparative analysis
著者
書誌事項
Constitutional property clauses : a comparative analysis
Juta , Kluwer Law International, 1999
- : us
- : sa
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注記
Bibliography: p. 587-607
Includes index
内容説明・目次
- 巻冊次
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: sa ISBN 9780702151101
内容説明
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.
目次
Commonwealth of Australia - Federal Republic of Austria - Canada - Council of Europe - Federal Republic of Germany - Co-operative Republic of Guyana - India - Republic of Ireland - Jamaica - Japan - Malaysia - Mauritius-Republic of Namibia - Republic of South Africa - Switzerland - Trinidad and Tobago-United States of America - Zimbabwe - Additional constitutions (69 countries)-Bibliography - Index: cases - Index: legislation - Index: key words and phrasesPractical features - the structure of all chapters is identical, to facilitate comparison: general introductory remarks are followed by a discussion of the nature and structure of the guarantee, followed by an analysis of the provisions on regulation, expropriation, compensation, the property concept and limitation issues. The focus throughout the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions.Key benefits - The focus is on the structure and content of the property clause itself and, where possible, case law dealing with the clause. Discussion of comparative, theoretical and analytical issues.
- 巻冊次
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: us ISBN 9789041112736
内容説明
The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. This text 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 18 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.
目次
- Preface. Foreword
- F.I. Michelman. Part I. 1. Introduction. Part II. 2. Australia, Commonwealth of. 3. Austria, Federal Republic of. 4. Canada. 5. Europe, Council of. 6. Germany, Federal Republic of. 7. Guyana, Co-Operative Republic of. 8. India. 9. Ireland, Republic of. 10. Jamaica. 11. Japan. 12. Malaysia. 13. Mauritius. 14. Namibia, Republic of. 15. South Africa, Republic of. 16. Switzerland. 17. Trinidad and Tobago. 18. United States of America. 19. Zimbabwe. Part III. 20. Additional constitutions (69 countries). 21. Bibliography. Index: cases. Index: legislation. Index: key words and phrases.
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