Posted on December 07, 2012
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.
AJ van der Walt is professor in the Faculty of Law at Stellenbosch University and holds the South African Research Chair in Property Law. He is the author of Constitutional Property Clauses: A Comparative Analysis (1999), Property in the Margins (2009), The Law of Neighbours (2010) and Constitutional Property Law (3rd ed 2011). He is also series editor and co-volume author (with Prof GJ Pienaar) of the series Juta’s Property Law Library.
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