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Constitutional Property Clauses: A Comparative Analysis (Hardcover, Reissue)
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Constitutional Property Clauses: A Comparative Analysis (Hardcover, Reissue)
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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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