Protean Scholar: Essays in Honour of Professor Gerrit Pienaar 1e

The regulation of property is undeniably a social justice issue: it profoundly affects how we live and expresses many of society's social, cultural and economic value choices. It determines what can be owned, by whom and how, and the conditions for access to these resources by others. In an increasingly complex society, finding the appropriate balance between competing interests in relation to resources becomes both more important and more challenging. 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. The book is intended for use by subject specialists in constitutional property law with a focus on practical challenges throughout. It will therefore be a valuable tool for practitioners, judges, and administrators, as well as for students and academics.