Property and the Constitution (eBook, PDF)

Redaktion: McLean, Janet

• Format: PDF

Produktbeschreibung

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.

Produktdetails

• Verlag: Bloomsbury UK
• Seitenzahl: 296
• Erscheinungstermin: 1. Juli 1999
• Englisch
• ISBN-13: 9781847313072
• Artikelnr.: 53012760

Autorenporträt

Janet Mclean is a Senior Lecturer in Law at the University of Auckland,New Zealand.

Inhaltsangabe

1. Property as Power and Resistance Janet McLean 2. Private Property and
Public Propriety Kevin Gray and Susan Francis Gray 3. The Many Dimensions
of Property Geoffrey Samuel 4. Is Property a Human Right? Jim Harris 5.
Constitutionalising Property: Two Experiences, Two Dilemmas Gregory S
Alexander 6. The Constitutional Property Clause: Striking a Balance Between
Guarantee and Limitation Andre van der Walt 7. The Human Rights Act (UK)
and Property Law Tom Allen 8. The Normative Resilience of Property Jeremy
Waldron 9. Normative Resilience-A Response to Waldron Maurice Goldsmith 10.
A Constitutional Property Settlement Between Ngai Tahu and the New Zealand
Crown John Dawson 11. Property and the Treaty of Waitangi: A Tragedy of the
Commodities? Alex Frame 12. Liberal, Democratic, and Socialist Approaches
to the Public Dimensions of Private Property Michael Robertson