The Right to Property in Commonwealth Constitutions by Tom Allen

By Tom Allen

This booklet examines constitutional rights to estate in Commonwealth international locations. It concentrates at the crucial problems with a correct to estate, reminiscent of the which means of "property," and "adequate" or "fair" repayment. Many judges use comparative legislation to unravel constitutional circumstances. besides the fact that, only a few books were written on comparative legislation within the Commonwealth. It additionally examines the ancient heritage within the basic ideas of the British structure and the colonial method. The research is either functional and theoretical, and it'll be helpful to educational and practising attorneys.

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R. (4th) 199 at 208. See also British Columbia Medical Association v. R. (4th) 568 at 572: the same court stated that, although there was a presumption in favour of compensation, `[t]he rule is not merely a mechanical matter of examining the legislation and asking whether there is an express written reference to the fact that the taking is to be without compensation, in words that say ``without compensation of any kind'', or some equivalent; and that, failing such words, compensation must be paid.

1409 and Akoonay and Another v. -Gen. C. A. ). outline of chapters 5 enforce it except in speci®c circumstances where the legislature has clearly indicated its intention to override it. Chapter 2 also examines the Crown's prerogative powers over property, since the prerogative is the one exception to the principle that the executive may not take property without legislative authorisation. At one time, the prerogative was important to the Crown's ®nances, as the Crown held a variety of powers to claim certain types of goods and had certain privileges which bene®ted it ®nancially.

It could also include goodwill or a trade position, or even any sort of interest or expectation obtained by private investment that can be turned to economic gain, such as an educational quali®cation. Alternatively, if the purpose of a right to property is the enhancement or protection of individual welfare and human dignity, the right to property should be interpreted in a manner that ful®ls this goal. Social welfare entitlements would be given protection, at least to the extent that they maintain personal security and dignity, but perhaps property held by corporations or other arti®cial legal persons would not.

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