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Property regulation : an integrated approach under the Constitution

Title
Property regulation : an integrated approach under the Constitution / Elsabé Van der Sijde ; volume editor, ZT Boggenpoel.
ISBN
9781485139898
1485139899
Edition
First edition.
Publication
Claremont, Cape Town : Juta & Company, 2022.
Physical Description
l, 562 pages ; 25 cm.
Summary
zProperty Regulation: An integrated approach under the Constitution offers a principled and holistic methodology for resolving property disputes in South Africa. It sets out the constitutional relationship between different sources of law based on the application of the subsidiarity principles that give effect to the single-system-of-law imperative. Property Regulation critically reframes our understanding of the relationship between property rights and regulation and offers guidance regarding appropriate litigation pathways and adjudication frameworks for six different types of regulation. These include regulation stemming from legislation, the common law, customary law, administrative action, executive action, and direct constitutional regulation. These topics are dealt with in light of the socio-economic and political context of property in South Africa to show that property regulation is a powerful tool with which to achieve constitutional aims and objectives.
Format
Books
Language
English
Added to Catalog
August 04, 2023
Bibliography
Includes bibliographical references (pages 507-538) and index.
Contents
Rethinking the relationship between property and regulation
Common law and legislation and as sources of property regulation
African customaty law as a source property regulation
Administrative action as a source of property regulation
Executive action as a source of property regulation
Direct constitutional regulation of property.
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