Browsing PER: Potchefstroom Electronic Law Journal by Subject "Constitutional property law"
Now showing items 1-7 of 7
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At the intersection between expropriation law and administrative law: two critical views on the constitutional court's arun judgment
(2016)(LUPO) vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence ... -
Constitutional analysis of intellectual property
(2014)This article analyses the Constitutional Court’s treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) ... -
The constitutional mandate for social welfare – systemic differences and links between property, land rights and housing rights
(2015)Our purpose in this article is to argue that, as far as the constitutional promotion and protection of social welfare is concerned, there are significant theoretical and systemic differences between property, land rights ... -
Re-examining the Constitutional Court's Approach to the Property Question Since First National Bank of SA Ltd T/A Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd T/A Wesbank v Minister of Finance 2002 4 SA 768 (CC)
(PER/PELJ, 2022)The First National Bank of SA Ltd t/a Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd t/a Wesbank v Minister of Finance 2002 4 SA 768 (CC) (FNB) decision led to the development of ... -
State use provisions for patent law, and expropriations : some comparative law guidelines for South Africa during the Covid-19 crisis and beyond
(PER/PELJ, 2020)This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property ... -
When does State Interference with Property (now) Amount to Expropriation? An Analysis of the Agri SA Court's State Acquisition Requirement (Part I)
(2015)Section 25 of the Constitution provides two ways in which the state may interfere with property rights, namely deprivation (section 25(1)) and expropriation (section 25(2)). As only the latter requires compensation, there ... -
When does State Interference with Property (now) Amount to Expropriation? An Analysis of the Agri SA Court's State Acquisition Requirement (Part II)
(2015)Section 25 of the Constitution provides two ways in which the state may interfere with property rights, namely deprivation (section 25(1)) and expropriation (section 25(2)). As only the latter requires compensation, there ...
