
Property and the Constitution
Janet McLean(Editor)
Hart Publishing
Published on 1. July 1999
Book
Hardback
296 pages
978-1-84113-055-2 (ISBN)
Description
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.
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.
Reviews / Votes
...a fascinating and diverse collection...raises issues of profound importance for Australian public and private law. Simon Evans Federal Law Review September 2002More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 23 mm
ISBN-13
978-1-84113-055-2 (9781841130552)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

Janet McLean
Property and the Constitution
E-Book
07/1999
1st Edition
Hart Publishing
€144.99
Available for download
Person
Janet Mclean is a Senior Lecturer in Law at the University of Auckland,New Zealand.
Content
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.