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Back to topProperty and the Constitution (Hardcover)
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Description
In this collection 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 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, 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 and its relationship to freedom of speech and other values. The proper scope of constitutional protections of private property, impediments of the redistribution of property and attempts to redress historical wrongs by property settlements to indigenous people are other issues which are raised. 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.
About the Author
Janet Mclean is a Senior Lecturer in Law at the University of Auckland,New Zealand.