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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

State Interference with Private Property

Inga Martinkute

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

Judicial review — Criminal penalties — Judicial accountability — Judicial independence — Judicial power — Selection of judges — Comparative constitutional law

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 Constitutions rarely mention the interference with private property expressly, but this idea is behind property protection or expropriation clauses, and it may also be reflected in the clauses that provide for the social function of property or the state. These clauses try to regulate the individual’s stance vis-à-vis a state or broader community concerning property (Underkuffler-Freund 161). Some legal systems and communities give priority to individual interests; others prioritize community or general interests in case of a clash. The specific boundaries of...
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