04 February 2022
Property, Proportionality, and Marginality
On 31 January 2022, the Irish Supreme Court delivered a landmark judgment that collapsed, at least in respect of remedies, a previously rigidly-drawn distinction between the private law rights and the public law obligations of housing authorities. The judgment breaks important new ground in emphasising the underprivileged and marginalised status of the Travelling community, and furthermore, in identifying that status as a factor that could weigh against the granting of an injunctive remedy. Continue reading >>
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09 December 2021
No Expropriation without Compensation in South-Africa’s Constitution – for the Time Being
This week the Parliament of South Africa voted against amending section 25 of the Constitution to provide for “expropriation without compensation” after four years of contestations. But all is not lost. Land reform has been placed on the public agenda, and the state is under more pressure than ever to ensure that a successful land reform program delivers. Continue reading >>
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17 September 2021
Property is not (just) private
About one of the least familiar and most fascinating articles within the fundamental rights catalogue of the Grundgesetz Continue reading >>
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23 April 2021
Improper Property
Why substantial property taxation might be a lot less unconstitutional than many think Continue reading >>
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26 January 2017