Property regulation. An integrated approach under the Constitution
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Property Regulation: An integrated approach under the Constitution offers a principled and holistic methodology for resolving property disputes in South Africa. It sets out the constitutional relationship between different sources of law based on the application of the subsidiarity principles that give effect to the single-system-of-law imperative. Property Regulation critically reframes our understanding of the relationship between property rights and regulation and offers guidance regarding appropriate litigation pathways and adjudication frameworks for six different types of regulation. These include regulation stemming from legislation, the common law, customary law, administrative action, executive action, and direct constitutional regulation. These topics are dealt with in light of the socio-economic and political context of property in South Africa to show that property regulation is a powerful tool with which to achieve constitutional aims and objectives.
