Advanced

The Right to Property and the European Convention on Human Rights. A Nordic Approach.

Gauksdottir, Gudrun LU (2004)
Abstract (Swedish)
Popular Abstract in Swedish

Avhandlingen behandlar äganderättens skydd enligt Artikel 1 första tilläggsprotokollet till Europakonventionen om de mänskliga rättigheterna.
Abstract
The Nordic constitutions secure the right to property. A fundamental issue under the constitutional provisions guaranteeing the right to property has traditionally been how to distinguish between interference with property rights which come under their scope and those which do not and hence in principle do not enjoy any constitutional protection. This approach has its counterpart in American constitutional law and is referred to in this book as Model A.



The European Convention on Human Rights offers a somewhat different approach to this issue. Basically the Convention's property guarantee extends to all interference with property rights. Perhaps the most important feature is that the principle of proportionality applies... (More)
The Nordic constitutions secure the right to property. A fundamental issue under the constitutional provisions guaranteeing the right to property has traditionally been how to distinguish between interference with property rights which come under their scope and those which do not and hence in principle do not enjoy any constitutional protection. This approach has its counterpart in American constitutional law and is referred to in this book as Model A.



The European Convention on Human Rights offers a somewhat different approach to this issue. Basically the Convention's property guarantee extends to all interference with property rights. Perhaps the most important feature is that the principle of proportionality applies in all such cases. This approach is similar to the approach taken in German constitutional law and is referred to as Model B.



The basic features of these approaches are described and compared. It is submitted that the Model A approach is likely to be influenced by Model B. The reasons for this are explained - the main reason being that the Nordic states are members to the European Convention on Human Rights and have incorporated the Convention into domestic law. (Less)
Please use this url to cite or link to this publication:
author
opponent
  • Visiting Professor Tomasevski, Katarina
organization
publishing date
type
Thesis
publication status
published
subject
keywords
property rights, human rights, mänskliga rättigheter, international law, property law, constitutional law, comparative law, right to property, European Convention on Human Rights, komparativ rätt
pages
439 pages
publisher
Gudrun Gauksdottir, Kaldadarnes, IS-801 Selfoss, Iceland,
defense location
Rättegångssalen, Tryckeriet, Juridicum, Lund
defense date
2004-09-10 10:15
ISBN
91-628-6170-0
language
English
LU publication?
yes
id
3b912cf6-aaa4-45eb-a279-bf934bbdf6cf (old id 21830)
date added to LUP
2007-05-25 09:54:44
date last changed
2016-09-19 08:45:12
@misc{3b912cf6-aaa4-45eb-a279-bf934bbdf6cf,
  abstract     = {The Nordic constitutions secure the right to property. A fundamental issue under the constitutional provisions guaranteeing the right to property has traditionally been how to distinguish between interference with property rights which come under their scope and those which do not and hence in principle do not enjoy any constitutional protection. This approach has its counterpart in American constitutional law and is referred to in this book as Model A.<br/><br>
<br/><br>
The European Convention on Human Rights offers a somewhat different approach to this issue. Basically the Convention's property guarantee extends to all interference with property rights. Perhaps the most important feature is that the principle of proportionality applies in all such cases. This approach is similar to the approach taken in German constitutional law and is referred to as Model B.<br/><br>
<br/><br>
The basic features of these approaches are described and compared. It is submitted that the Model A approach is likely to be influenced by Model B. The reasons for this are explained - the main reason being that the Nordic states are members to the European Convention on Human Rights and have incorporated the Convention into domestic law.},
  author       = {Gauksdottir, Gudrun},
  isbn         = {91-628-6170-0},
  keyword      = {property rights,human rights,mänskliga rättigheter,international law,property law,constitutional law,comparative law,right to property,European Convention on Human Rights,komparativ rätt},
  language     = {eng},
  pages        = {439},
  publisher    = {ARRAY(0x893a300)},
  title        = {The Right to Property and the European Convention on Human Rights. A Nordic Approach.},
  year         = {2004},
}