Discovered substantial comparative studies reported in academic research.
And I came across the Spanish Constitution 1978....
The Spanish Nation, desiring to establish justice, liberty, and security, and to promote the well-being of all its members, in the exercise of its sovereignty, proclaims its will to:
- Guarantee democratic coexistence within the Constitution and the laws, in accordance with a fair economic and social order.
- Consolidate a State of Law which ensures the rule of law as the expression of the popular will.
- Protect all Spaniards and peoples of Spain in the exercise of human rights, of their culture and traditions, languages and institutions.
- Promote the progress of culture and of the economy to ensure a dignified quality of life for all.
- Establish an advanced democratic society, and Cooperate in the strengthening of peaceful relations and effective cooperation among all the peoples of the earth.
The academic research drew my attention to this section:
Section 47All Spaniards have the right to enjoy decent and adequate housing. The public authorities shall promote the necessary conditions and establish appropriate standards in order to make this right effective, regulating land use in accordance with the general interest in order to prevent speculation.The community shall have a share in the benefits accruing from the town-planning policies of public bodies.
I haven't edited that section. It's complete. It sits above legislation and local government.
What it explicitly intends is that land use should be regulated to prevent speculation. It also clearly intends that benefits accruing from town-planning policies should be shared with the community - I read this as requiring some sort of betterment or value uplift regime.
3 comments:
Hi Joel - The date of the constitution (1978) is significant, as this sort of thing was all the go in the 1970s. Thus you can read the same sort of thing in the recommendations of Habitat I, and in Ministry of Works and Development publications. The Rogernomes abolished the MWD, of course. I've long thought 1980s deregulation was primarily about making the cities safe for speculation, with all the ostensible justifications just talk.
Congrats on your planning blog award by the way.
Kia ora Joel,
Pleased that you received a blog award.
Interesting about the Spanish Constitution. Sad that Nz doen't have a formal written constitution. Highly recommend Geoffrey Palmer and Andrew Butler's A Constituon for Aotearoa New Zealand 2016. A very clear explanation on why we need a formal written constitution to provide clear rules and guidance for government, cabinet, the judiciary, and the public service. Until I read this clearly written book I did not understand the extent that cabinet's power is beyond redress or parliamentary oversight.
Terrific Award Joel. Someone has got good judgement.
Quote (Spanish Code). ..."Guarantee democratic coexistence within the Constitution and the laws, in accordance with a fair economic and social order".
Aotearoa these days (at least in Local Government circles) hardly qualifies by these criteria ... as being in any true sense ... "as democratic".
Look no further then the forced amalgamation of the Auckland Region ... rammed through WITHOUT A POLL no less.
So for the most material and significant decision in 150 years of history of NZ Loc Guv, this huge call did not warrant even a small dose of democracy.
This! BTW was,is,and will remain the principal motivation for the Northern Rodney breakaway proposal ... though reliable sources tell us that the latest iteration "the piggy stamp/sinecure" ... LGC .. will now merely go through the motions.
The whole affair is both a travesty and a disgrace ... our WW II heroes fought for nought!
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