Property and the ConstitutionJanet McLean Hart Publishing, 23 Αυγ 1999 - 276 σελίδες 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. |
Περιεχόμενα
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 |
9 Normative Resilience A Response to Waldron | 197 |
10 A Constitutional Property Settlement Between Ngai Tahu and the New Zealand Crown | 207 |
A Tragedy of the Commodities? | 224 |
12 Liberal Democratic and Socialist Approaches to the Public Dimensions of Private Property | 239 |
Bibliography | 263 |
275 | |
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