By Tom Allen
ISBN-10: 0511014104
ISBN-13: 9780511014109
ISBN-10: 0521583772
ISBN-13: 9780521583770
This ebook examines constitutional rights to estate in Commonwealth nations. It concentrates at the crucial problems with a correct to estate, comparable to the that means of "property," and "adequate" or "fair" reimbursement. Many judges use comparative legislation to solve constitutional situations. although, only a few books were written on comparative legislation within the Commonwealth. It additionally examines the ancient historical past within the basic rules of the British structure and the colonial method. The research is either sensible and theoretical, and it'll be worthy to educational and training legal professionals.
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Extra resources for The Right to Property in Commonwealth Constitutions
Sample text
Bryant argues that omnibus undertaking is correct, and as such, it does not depend on the terms of any particular treaty and it could extend to aboriginal nations that did not reserve any rights under a treaty. R. (4th) 385 at 408. R. (4th) 321 at 340, Dickson J. stated that the Royal Proclamation signi®ed that the Crown took responsibility `to act on behalf of the Indians so as to protect their interests in transactions with third parties'. , it merely recognised and acknowledged an undertaking that already existed.
35 However, the English 31 32 33 34 35 See Mann, `Outlines', p. 196. g. Bond v. Nottingham Corporation [1940] 1 Ch. 429 and Colonial Sugar Re®ning Co. v. C. 343 at 359 per Lord Warrington. g. British Columbia v. R. ) per Wilson J. City of Manchester v. C. ) at 183 per Viscount Dunedin; cf. Tock et al. v. R. ). Section 68: `If any Party shall be entitled to any compensation in respect of any lands, or of any interest therein which shall have been taken for or injuriously affected by the execution of works, and for which the promoters of the undertaking shall not have made satisfaction under the provisions of this or the special Act, or any Act incorporated therewith .
R. C. Cooper v. R. 530 at 602, 608 and Selangor Pilot Association (1946) v. C. C. R. (3d) 462 at 473. 's supporting authorities were Commonwealth cases on written rights to property. See generally Sue Arrowsmith, Civil Liability and Public Authorities (Winteringham, South Humberside: Earlsgate Press, 1992), pp. 240±50. Harry Street, Governmental Liability: A Comparative Study (Cambridge: Cambridge University Press, 1953), pp. 78±9 and Arrowsmith, Civil Liability, pp. 246±7. parliament and property 19 courts have assumed that Ritchie J.
The Right to Property in Commonwealth Constitutions by Tom Allen
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