n South African Law Journal - Engaged citizenship and the enabling state as factors determining the interference parameter of property : a comparison of German and South African law

Volume 127, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



This contribution analyses the South African Constitutional Court case law on property. Four important decisions of the Constitutional Court are analysed to indicate the emerging trend in jurisprudence that links the constitutional interference parameter of property to state duty, on the one hand, and civic responsibility, on the other hand. These concepts are explored. The emerging trends in South African case law are evaluated with comparative reference to the German approach to constitutional property protection and regulation, particularly after the relevance of such a comparison is asserted. Against the legal-comparative background, the importance of ideas such as individual self-governance and self-restraint, state duty and the ranking of purposes according to their social relevance can be better contextualised.

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