Intangible constitutional property : a comparative analysis

dc.contributor.authorSwanepoel, Jan-Harmen_ZA
dc.contributor.authorBoggenpoel, Z. T.en_ZA
dc.date.accessioned2020-07-02T07:30:06Z
dc.date.available2020-07-02T07:30:06Z
dc.date.issued2017-12
dc.descriptionCITATION: Swanepoel, J-H & Boggenpoel, Z-Z. 2017. Intangible constitutional property : a comparative analysis. Stellenbosch Law Review = Stellenbosch Regstydskrif 28(3):624-637.en_ZA
dc.descriptionThe original publication is available at https://journals.co.za/content/journal/jlc_slren_ZA
dc.description.abstractThis article investigates how the question of recognising intangible interests as constitutional property is approached in the constitutional property law regimes of Moldova, Germany, the European Court of Human Rights (“ECHR”), the United States of America (“US”) and South Africa. It is also investigated whether Moldova and South Africa, being examples of relatively young constitutional democracies, follow an approach to the recognition of intangible interests as constitutional property that is perhaps similar to that of the established constitutional democracies of Germany and the US. This article concludes that each of the jurisdictions investigated do allow for the recognition of intangible interests as constitutional property, despite their diverging approaches to this question. The Constitutional Court of Moldova follows the approach of the ECHR regarding the recognition of intangible interests as constitutional property. The Constitutional Court of South Africa uses an approach that is doctrinally similar to that of German constitutional property law, though German law is not specifically followed.en_ZA
dc.description.urihttps://journals-co-za.ez.sun.ac.za/content/journal/10520/EJC-dc54781c7?fromSearch=trueen_ZA
dc.description.versionThis article investigates how the question of recognising intangible interests as constitutional property is approached in the constitutional property law regimes of Moldova, Germany, the European Court of Human Rights (“ECHR”), the United States of America (“US”) and South Africa. It is also investigated whether Moldova and South Africa, being examples of relatively young constitutional democracies, follow an approach to the recognition of intangible interests as constitutional property that is perhaps similar to that of the established constitutional democracies of Germany and the US. This article concludes that each of the jurisdictions investigated do allow for the recognition of intangible interests as constitutional property, despite their diverging approaches to this question. The Constitutional Court of Moldova follows the approach of the ECHR regarding the recognition of intangible interests as constitutional property. The Constitutional Court of South Africa uses an approach that is doctrinally similar to that of German constitutional property law, though German law is not specifically followed.en_ZA
dc.description.versionPublishers versionen_ZA
dc.identifier.citationSwanepoel, J-H & Boggenpoel, Z-Z. 2017. Intangible constitutional property : a comparative analysis. Stellenbosch Law Review = Stellenbosch Regstydskrif 28(3):624-637.en_ZA
dc.identifier.issn1996-2193 (online)
dc.identifier.issn1016-4359 (print)
dc.identifier.urihttp://hdl.handle.net/10019.1/108684
dc.publisherJuta and Companyen_ZA
dc.rights.holderJuta and Companyen_ZA
dc.subjectConstitutional Lawen_ZA
dc.subjectComparative analysisen_ZA
dc.subjectIntangible interestsen_ZA
dc.subjectConstitutional propertyen_ZA
dc.subjectMoldova jurisdictionsen_ZA
dc.subjectGermany jurisdictionsen_ZA
dc.subjectYoung constitutional democraciesen_ZA
dc.titleIntangible constitutional property : a comparative analysisen_ZA
dc.typeArticleen_ZA
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