
Beyond Expropriation Without Compensation by Cherryl Walker
Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.-
Parliamentary Sovereignty
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Legal Sabotage
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A.V. Dicey and the Common Law Constitutional Tradition
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Global Gender Constitutionalism and Women's Citizenship
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The Anti-Nazi Origins of Militant Democracy
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Constitutionalizing the Private Sphere
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Courts in the Age of Polarization
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Militant Rule of Law
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Judging for Democracy
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Local Meanings of Proportionality
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Australia's Constitution after Whitlam
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Administrative Competence
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Europe's Second Constitution
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Judges on Trial
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Lawyering for the Rule of Law
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The New Commonwealth Model of Constitutionalism
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Property Rights and Social Justice
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The Veiled Sceptre
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Proportionality
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Constitutional Dialogue
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Dimensions of Dignity
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Fundamental Rights and the Legal Obligations of Business
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The Alchemists
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Non-Statutory Executive Powers and Judicial Review
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The Politics of Principle
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Bills of Rights in the Common Law
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Balancing Constitutional Rights
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Courting Constitutionalism
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Searching for the State in British Legal Thought
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Reason of State
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Parliamentary Bills of Rights
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Building the Constitution
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Hans Kelsen on Constitutional Democracy
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Alter-Native Constitutionalism
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The Collaborative Constitution
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The Failures of Others
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Proportionality and Constitutional Culture
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Proportionality in Action
'Many countries undergo post-conflict transitions, but few meaningfully address the longstanding socio-economic inequalities that fueled violenceBeyond Expropriation without Compensation goes to the heart of the tensions between liberal constitutionalism and the redistribution of land and economic resources, and is essential reading for all those interested in post-apartheid South Africa and redistributive justice more broadly.' Richard Ashby Wilson, Professor at University of Connecticut School of Law
'Intellectually astute and politically courageous, this book is easily the most important work of scholarship yet on the vexed issue of land reform in South Africa. The combination of analytical rigor and the lucidity of writing means that this well-edited work will be an enduring reference for scholars of 'the land question' while at the same time serving as an accessible and exciting read for the general public.' Jonathan Jansen, Professor at Stellenbosch University
'Intellectually astute and politically courageous, this book is easily the most important work of scholarship yet on the vexed issue of land reform in South Africa. The combination of analytical rigor and the lucidity of writing means that this well-edited work will be an enduring reference for scholars of 'the land question' while at the same time serving as an accessible and exciting read for the general public.' Jonathan Jansen, Professor at Stellenbosch University
Olaf Zenker holds a Chair of Social and Cultural Anthropology at Martin Luther University Halle-Wittenberg. His research has dealt with politico-legal issues such as statehood, bureaucracy, legal pluralism, inequality and land justice in South Africa and beyond. His latest publications include The Oxford Handbook of Law and Anthropology (co-edited with Marie-Claire Foblets, Mark Goodale and Maria Sapignoli). Cherryl Walker is an Emeritus Professor of Sociology at Stellenbosch University. She has published extensively on land restitution in South Africa, gender and land rights in sub-Saharan Africa, and women's political mobilisation in twentieth century South Africa. She served on South Africa's Commission on Restitution of Land Rights between 1995 and 2000. Zsa-Zsa Boggenpoel is Professor of Law at Stellenbosch University. She specialises in property law, constitutional property law and property theory. She was awarded a C1 NRF rating in December 2022 and is therefore recognised as an established researcher in her field.
| SKU | Unavailable |
| ISBN 13 | 9781009380775 |
| ISBN 10 | 100938077X |
| Title | Beyond Expropriation Without Compensation |
| Author | Olaf Zenker |
| Series | Cambridge Studies In Constitutional Law |
| Condition | Unavailable |
| Binding Type | Hardback |
| Publisher | Cambridge University Press |
| Year published | 2024-04-04 |
| Number of pages | 336 |
| Cover note | Book picture is for illustrative purposes only, actual binding, cover or edition may vary. |
| Note | Unavailable |





































