Engaged Citizenship and the enabling state as factors determining the interference parameter of property: A comparison of German and South African Law
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2010
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South African Law Journal
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University of Cape Town
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Abstract
Since its conception, the idea of constitutional property protection and regulation in South Africa has been an academically captivating issue.1 At first, politicians negotiated whether the Constitution should protect vested private property interests and contribute to the goals of political reform, and how such a compromise could be achieved.2 Simultaneously, academics flexed their comparativist muscles, contemplating which of the prominent models of constitutional property protection encountered worldwide would lend itself best to adaptation for South Africa.
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Mostert, H. (2010). Engaged citizenship and the enabling state as factors determining the interference parameter of property: a comparison of German and South African law. South African Law Journal, 127(2), 238-273.