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# 153160
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Property and Constitution

Author :  AJ van der Walt

Product Details

Country
South Africa
Publisher
PULP, South Africa
ISBN 9781920538125
Format HardBound
Language English
Year of Publication 2012
Bib. Info 212p.;
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Product Description

Property and Constitution embodies an effort to work out how to give practical effect to the constitutional obligation to interpret legislation and develop the common law so as ‘to promote the spirit, purport and objects of the Constitution’, particularly in the area of Property Law. The author distinguishes between situations where the constitutionally inspired interpretation of legislation should prevail and others where suitable development of the common law may be required, distinguishing both from cases where direct reliance on the constitutional provision is permissible. He also considers the importance of obligations inherent in diverse constitutional provisions relating to for example arbitrariness, restitution and homelessness for the further development of Property Law. The book should appeal to academics, practitioners, policy makers and postgraduate research students with an interest in the constitutionally inspired development of Property Law.

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