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Property and the Constitution

Editor(s): Janet McLean
Media of Property and the Constitution
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Published: 01-07-1999
Format: Hardback
Edition: 1st
Extent: 296
ISBN: 9781841130552
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £90.00
Online price : £81.00
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Loren Epson

About 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. 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.

Table Of Contents

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


“...a fascinating and diverse collection...raises issues of profound importance for Australian public and private law.” –  Simon Evans, Federal Law Review

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