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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Property and the Constitution

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ISBN13: 9781841130552
ISBN: 1841130559
Published: July 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £72.00

Despatched in 6 to 8 days.

In this collection of essays, public lawyers, private lawyers and legal philosophers examine the public dimensions of private property. Governments across the globe are privatizing 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"".

The contributors consider issues including: 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 comparative perspective, examples have been drawn from jurisdictions as diverse as the United Kingdom, South Africa, Germany, the United States and New Zealand.

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Property Law
Property as power and resistance, Janet McLean; private property and public propriety, Kevin Gray and Susan Francis Gray; the many dimensions of property, Geoffrey Samuel; is property a human right?, Jim Harris; constitutionalizing property - two experiences, two dilemmas, Gregory S. Alexander; the constitutional property clause - striking a balance between guarantee and limitation, Andre van der Walt; the Human Rights Act (UK) and property law, Tom Allen; the normative resilience of property, Jeremy Waldron; normative resilience - a response to Waldron, Maurice Goldsmith; a constitutional property settlement between Ngai Tahu and the New Zealand crown, John Dawson; property and the Treaty of Waitangi - a tragedy of the commodities?, Alex Frame; liberal, democratic and socialist approaches to the public dimensions of private property, Michael Robertson.