Constitutional property law in Central Eastern European jurisdictions: A comparative analysis.

[摘要] ENGLISH ABSTRACT : This dissertation investigates three areas of constitutional property law doctrine,namely the concept of property for constitutional purposes, the distinction betweendeprivation and expropriation and the application of the proportionality principle as ameans of determining the legitimacy of interferences with property. More specifically,it is determined how these three doctrinal areas are approached in the establishedconstitutional democracies of Germany, the United States of America, the principlesdeveloped by the European Court of Human Rights, as well as relatively youngconstitutional democracies in Central Eastern Europe and South Africa.The respective German and US law approaches to the three doctrinal areasdiffer in certain aspects. Interestingly, while their points of departure differ, theyreach similar conclusions in some instances. These two jurisdictions are presentedas two points on a continuum of approaches to the three doctrinal areas, with theaim of determining whether the constitutional democracies in Central Eastern Europeand in South Africa resemble an approach closer to German or US law. Theprinciples of the European Court of Human Rights regarding the three doctrinalareas are also investigated because they represent an alternative framework thatinfluences the development of constitutional property law in the youngerconstitutional democracies, particularly in Central Eastern Europe because of theirlinks to the European Union.Generally speaking, in relation to the three doctrinal areas, the dissertationconcludes that on the continuum between German and US law, the constitutionaldemocracies in Central Eastern Europe and South Africa seem to follow anapproach that resembles German law rather than US law, although no explicitreference is made in this regard.

[发布机构] Stellenbosch University