» » The Constitutional Property Clause

Download The Constitutional Property Clause fb2

by Andre van der Walt

  • ISBN: 0702145424
  • Category: Law
  • Author: Andre van der Walt
  • Subcategory: Administrative Law
  • Other formats: mobi txt lrf azw
  • Language: English
  • Publisher: Juta Legal and Academic Publishers (January 1, 1997)
  • Pages: 199 pages
  • FB2 size: 1309 kb
  • EPUB size: 1668 kb
  • Rating: 4.2
  • Votes: 211
Download The Constitutional Property Clause fb2

The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue

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 role of Parliament includes the promotion of human dignity, equality, non-racialism, non-sexism and the supremacy of the Constitution. Parliament upholds citizens’ human rights and oversees the implementation of constitutional imperatives. The role of Parliament includes the promotion of human dignity, equality, non-racialism, non-sexism and the supremacy of the Constitution.

The Constitutional Property Clause book. This text is directed at legal practitioners in the fields of property and constitutional law as well as at students dealing with these subjects

The Constitutional Property Clause book. This text is directed at legal practitioners in the fields of property and constitutional law as well as at students dealing with these subjects. Through comparative analysis it considers some of the main issues raised by the interpretation and application of Section 25 of the 1996 Constitution.

Prof Van der Walt’s scholarship focused on property law and in particular on constitutional property. He applied his mind especially to the role that the regulation of property plays in constitutional transformation in South Africa and in social justice more broadly

Prof Van der Walt’s scholarship focused on property law and in particular on constitutional property. He applied his mind especially to the role that the regulation of property plays in constitutional transformation in South Africa and in social justice more broadly. In South Africa his work has had significant influence in the development of property law in the constitutional dispensation and the Constitutional Court has relied on his insights on numerous occasions in this field. But also at international level he was a leader in the development of an understanding of property law in support.

Keywords: intellectual property law; constitutional property law; constitutional property clause; trademarks .

van der Walt, AJ and Shay, Richard, Constitutional Analysis of Intellectual Property (April 9, 2014). Potchefstroom Electronic Law Journal, Vol. 17, No. 1, 2014. com/abstract 2497991. AJ Van der Walt (Contact Author).

Property and the Constitution. 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. Hart Publishing, 1999 - 276 sayfa.

See A. Van der Walt, Constitutional Property Law (Cape Town, Juta, 2005) 308-54

See A. Van der Walt, Constitutional Property Law (Cape Town, Juta, 2005) 308-54. In determining the procedural safeguards to be afforded to property interests under the due process clauses of the Constitution, the Supreme Court has assumed that the principal value at stake is the interest in an accurate decision, and that this interest can be protected only by requiring some form of evidentiary hearing.

57 With regard to the difference between deprivation and expropriation, the Constitutional Court in Agri South Africa v Minister for Minerals and Energy . 60 Agri SA para 59. 61 See Van der Walt Constitutional Property Law 196.

57 With regard to the difference between deprivation and expropriation, the Constitutional Court in Agri South Africa v Minister for Minerals and Energy 58 (hereafter Agri SA ) held that "more is required to establish expropriation". 59 In Agri SA the Court held that there can be no expropriation where a deprivation does not also result in the state acquiring the property.

Since the introduction of the new constitutional order in 1994, South African practitioners have been confronted with new or unfamiliar areas of the law, strange sources and outdated methodologies. This book is directed at legal practitioners in the fields of property and constitutional law, as well as students dealing with this area of the law. The text is a comparative analysis of the main issues raised by the interpretation and application of the property clause, and includes issues such as the limitation of property rights, the concept of property, and compensation for expropriation. There is also a special chapter dealing with land reform and the protection of property, and the promotion of land-reform initiatives.

Related to The Constitutional Property Clause fb2 books: