Procedural Requirements for Administrative Limits to Property Rights

This book explores the exercise of public powers affecting property rights through a comparative survey of twelve legal systems and a transnational regime. It examines the main requirements for property rights deprivations and restrictions, presents national reports, and discusses procedural propriety and fairness. The book is divided into three parts, the first part introduces the project and the topic, the second part covers the legal systems chosen for this study, and the third part presents a synchronic comparison across systems. The concluding chapter discusses the current regime on public regulation of property in contemporary administrative systems.

Format: Hardback
Length: 400 pages
Publication date: 22 September 2022
Publisher: Oxford University Press

Through a comprehensive comparative survey encompassing twelve legal systems and a transnational regime, the fourth volume in this series endeavors to shed light on the fundamental essence of administrative activity that exemplifies the detrimental State. Within the vast realm of adjudication, the book delves into one of the most traditional sets of procedures, namely, the exercise of public powers affecting property rights. Following the methodology adopted in the CoCEAL project, this volume takes the fundamentals of expropriation in a given legal order as its starting point and examines various cases. The primary requirements for property rights deprivations and restrictions are presented through national reports and discussed through hypotheticals, while the comparative analysis focuses on procedural propriety and fairness. This book is divided into three parts. The first part introduces the project and the topic. The second part covers the legal systems chosen for this study. The third section proceeds to present a synchronic comparison across systems, highlighting the relationship between shared and distinctive traits, with a view to the way supranational and international rules increasingly supplement municipal regimes. The concluding chapter discusses the current regime on public regulation of property in contemporary administrative systems.

Weight: 754g
Dimension: 240 x 163 x 30 (mm)
ISBN-13: 9780198867586