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The constitutional protection of property rights in European and United States systems – a comparative analysisVjosa Osmani-SadriuThe constitutional protection of property rights in European and United States systems

Osmani-Sadriu, Vjosa

SEER Journal for Labour and Social Affairs in Eastern Europe, 2018, vol. 21, issue 1, 127-146

Abstract: This article sets out a comparative overview of the legal and constitutional protection of property rights in the systems operating in Europe and the United States with a view to seeing how the right to property is protected through constitutions and international treaties. Most countries have established systems of human rights protections through constitutions, but many have also been influenced by the direct application of important international or regional human rights instruments. Evidently, constitutions set out basic rules which are not only established as superior law but which also set an example for citizens in emphasising the most important aspects of society. Simultaneously, international instruments for the protection of human rights lay out important responsibilities for states which have been interpreted in terms of both positive and negative obligations in the protection of such rights. In some systems, these international treaties take precedence over all domestic laws in that respective country while in others they even take precedence over the constitution where there are conflicts.

Date: 2018
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