The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. This new and unique work 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 second part consists of eighteen chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence, meriting extensive analysis and discussion. Among the countries discussed are Australia, Japan, Canada, Germany, Switzerland and South Africa. For easy reference the structure of these country-by-country chapters is identical. These chapters not only contain practical, useful legal information but also a normative interpretation of constitutional property clauses in their national and international context. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports. The focus of the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions. The book will be of interest to private and public lawyers engaged in international trade and business practices, as well as to scholars of comparative (constitutional) law.
Preface. Foreword; F.I. Michelman. Part I. 1. Introduction. Part II. 2. Australia, Commonwealth of. 3. Austria, Federal Republic of. 4. Canada. 5. Europe, Council of. 6. Germany, Federal Republic of. 7. Guyana, Co-Operative Republic of. 8. India. 9. Ireland, Republic of. 10. Jamaica. 11. Japan. 12. Malaysia. 13. Mauritius. 14. Namibia, Republic of. 15. South Africa, Republic of. 16. Switzerland. 17. Trinidad and Tobago. 18. United States of America. 19. Zimbabwe. Part III. 20. Additional constitutions (69 countries). 21. Bibliography. Index: cases. Index: legislation. Index: key words and phrases.