Under urban neoliberal policies, housing has become a vehicle for wealth accumulation, detached from its social function, leading to a shortage of adequate and affordable housing. The lack of adequate housing is perceived as an issue of availability. This prevailing perspective dismisses the systematic character of the housing issue and fails to take into account greater questions about power, inequality, and justice in capitalist societies. The purpose of this case study of Malmö is to problematize the access to housing for marginalized groups in the broader frame of the political and economic structures of Sweden’s housing market. The research adopts a qualitative case study design based on 22 semi-structured interviews. The findings answer the research question how is access to the housing market in Malmö limited for marginalized groups? and will be placed within the framework of The Radical Right to Housing and the context of Sweden’s political-economy. Based on the results this research argues that despite limited accessibility mostly shows in economic disadvantage for the marginalized groups, it is caused by Sweden’s social, political and economic structures. Highlighting that housing is a political-economic problem, deeply embedded within class structures, gender, age, ethnicity and other power dimensions. In the broader context of demanding a radical right to housing, the results show that it requires a transformation of Sweden’s political-economic structures. Regarding a decommodification of housing, a transformation of capitalism and transformative changes in state action concerning immigration, education, and active gender equality policies. Thereby, housing could serve as a tool to create more equality in cities by addressing and fighting the structures of class society, gender, age, ethnicity and other power dimensions.

Ontario’s current regulatory approach to low-income housing lies between two primary challenges: the human right to housing, and political/fiscal constraints. This thesis draws on legal theory and economic analysis of law to articulate the proper goals of housing access policy. A structural theory is proposed to explain the normative relationship between efficiency, communitarianism and justice in housing. An array of regulatory options are compared and considered in light of the features that characterize Ontario’s low-income rental housing markets. This analysis favours demand-side housing subsidies to low-income households, combined with supply-side tax expenditures to improve elasticity in the low-income rental market. Further reform of rent and covenant controls, social and affordable housing supply, and land use planning is recommended to ensure an efficient residential tenancy market. These reforms are offered as a framework for the implementation of the human right to housing in Ontario.

Ontario’s current regulatory approach to low-income housing lies between two primary challenges: the human right to housing, and political/fiscal constraints. This thesis draws on legal theory and economic analysis of law to articulate the proper goals of housing access policy. A structural theory is proposed to explain the normative relationship between efficiency, communitarianism and justice in housing. An array of regulatory options are compared and considered in light of the features that characterize Ontario’s low-income rental housing markets. This analysis favours demand-side housing subsidies to low-income households, combined with supply-side tax expenditures to improve elasticity in the low-income rental market. Further reform of rent and covenant controls, social and affordable housing supply, and land use planning is recommended to ensure an efficient residential tenancy market. These reforms are offered as a framework for the implementation of the human right to housing in Ontario.

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Submitted by Paulo André Nassar (paulo.nassar@gvmail.br) on 2012-01-24T19:26:50Z No. of bitstreams: 1 NASSAR - JDMTC - BKAB - final.pdf: 4839362 bytes, checksum: 527a7cf0c0a74ce36854726d39768c25 (MD5) / Approved for entry into archive by Vera Lúcia Mourão (vera.mourao@fgv.br) on 2012-01-24T19:57:38Z (GMT) No. of bitstreams: 1 NASSAR - JDMTC - BKAB - final.pdf: 4839362 bytes, checksum: 527a7cf0c0a74ce36854726d39768c25 (MD5) / Made available in DSpace on 2012-01-26T10:58:56Z (GMT). No. of bitstreams: 1 NASSAR - JDMTC - BKAB - final.pdf: 4839362 bytes, checksum: 527a7cf0c0a74ce36854726d39768c25 (MD5) Previous issue date: 2011-12-09 / In this dissertation, I aim to assess Courts’ transformation performance on housing rights issues. I begin making reference to transformative constitutionalism theory, presenting its main thesis, and then I point out the transformative features of 1988’s Brazilian Constitution and make the distinction between dirigiste constitutionalism and transformative constitutionalism. Then I present and comment both the housing problem in Brazil and the Brazilian legal doctrine on housing rights. After that, I propose a multidisciplinary methodology developed to assess Courts’ transformation performance on housing rights issues. Finally, I present an empirical study that makes a systematic content analysis of 50 'class action' filled by the 'Defensoria Pública do Estado de Sao Paulo against the Municipality of São Paulo, which aims to modify the municipal housing policies to accommodate the interests of marginalized groups. I conclude that in these issues, Courts has a limited transformation capacity, since social change occurs only when political, social and economic agents are also engaged "out of court" and when there is political will of the government. / Esta dissertação tem por objetivo avaliar o desempenho transformador do Poder Judiciário em questões relacionada ao direito à moradia. O estudo tem como referência teórica o constitucionalismo transformador, razão pela qual apresenta-se suas as principais teses, aponta-se as características transformadoras da Constituição brasileira de 1988, e propõe-se uma distinção entre constitucionalismo transformador e constitucionalismo dirigente. Faz-se apresentação e crítica do problema habitacional brasileiro e da doutrina jurídica brasileira sobre direito à moradia. Propõe-se uma metodologia multidisciplinar desenvolvida para aferir o desempenho transformador do Judiciário em questões sobre o direito à moradia. Feito isso, apresenta-se um estudo empírico que faz a sistematização e análise de 50 ações civis públicas propostas pela Defensoria Pública do Estado de São Paulo em face da Prefeitura de São Paulo, em que se pretende modificar as políticas habitacionais municipais para contemplar os interesses de grupos marginalizados. Conclui-se que, nessas questões, o Judiciário tem um desempenho transformador limitado, uma vez que a transformação social pleiteada ao Judiciário só ocorre se forças econômicas, sociais e políticas estiverem mobilizadas 'extra-judicialmente' para tanto e se houver vontade política do Administrador.

The purpose of this study is to investigate and explore the challenges and problems experienced by the residents of Braamfischerville, related to the provision of housing, including the provision of services such as adequate water and electricity and roads in the study area. The research focused largely on how the challenges and problems related to housing affect the lives of the residents, socially and economically. It seems these houses were designed for people who are single and young, and will never grow and have families of their own. When considering the size of these houses, it becomes clear that they do not cater for larger families. The quality of the housing units in this area is of very poor standard. The mixed research methods are used to collect the primary data for this study. The use of both quantitative and qualitative methods are deemed most appropriate for this research study, as most researchers regard them as best methods in answering the research questions. Mixed approaches are also important in identifying issues, factors and relevant questions which can become the focus of a quantitative. The use of mixed methods has the assumption that both approaches can complement each other and help in avoiding unnecessary shortcomings. The findings revealed that the size of the RDP houses was not suitable to accommodate most of the residents in this area. The problem was caused by poor housing designs which resulted in very small, overcrowded RDP houses. Most of the RDP housing units are defective, mainly caused by the use of poor building materials and it was also found out that unemployment was a major challenge in Braamfischerville. The state has not managed to create jobs for the community of this area. It has become very difficult for these people to make improvements to and maintain their RDP houses. Provision of basic services such as water and electricity was found to be in order. The roads in Braamfischerville were found to be in very poor conditions. And that has negatively affected the socio-economic activities in the area. Finally, the land where this settlement has been established, was found to be inadequate. The area is situated very far from the places of employment and other facilities. Several houses were built on damp areas, flooding areas and on the wetlands. These houses are said to pose a serious danger to the occupants. / Geography / M. Sc. (Geography)

A tension arises whenever the South African private law fails to meet constitutional right norms. To remedy a deficiency, two law-making options are available. The first is for the judiciary to develop or change private law principles and rules in order to provide protection for the implicated constitutional norm. The second is for the judiciary to enforce an obligation upon Parliament to enact legislation to amend or replace existing private law rights and obligations so as to safeguard the norm against interference from a private individual or entity. The former is the more conventional option, but, in recent years, the law reports record an increasing reliance on the legislative duty to protect constitutional right norms in private legal relationships. The thesis investigates the extent to which the latter phenomenon - which will be described as a 'pivot towards legislative remedies' - exists, and the circumstances in which the courts pivot towards legislative remedies rather than developing private law of their own accord. The thesis finds that legislative schemes that give effect to constitutional rights are likely to contain an array of benefits that are absent from or reduced in the judicial law-making process. The judicial pivot towards legislative remedies is thus a strategy to enhance the process through which conflicting rights are resolved, as it allows for the constitutional rebuilding of private law in a way that the judiciary is unable to do on its own. Importantly, however, theories of judicial deference do not explain the pivot. On the contrary, the courts have exercised a strict level of control over the legislative law-making pathway. Through either statutory interpretation or the review of legislation, the courts require legislation to contain the essentials of the judicial law-making framework. From this perspective, the judicial law-making process produces the floor of the rebuilding project and the legislative law-making process enhances that framework.

Text in Afrikaans / In hierdie verhandeling ontleed ek die oproeping van ʼn verband op ʼn onroerende saak in die Suid-Afrikaanse reg. Indien ʼn verbandskuldenaar wanpresteer, kan die verbandskuldeiser sy beperkte saaklike reg afdwing deur die verband op te roep ten einde die uitstaande skuld te delg. Om dit te bereik, word die sekerheidsobjek op ʼn eksekusieverkoping te gelde gemaak, nadat die regte prosedure gevolg is. Die oproepingsproses is in die laaste dekade ingrypend verander, grotendeels as gevolg van artikel 26 van die Grondwet, 1996, en artikels 129 en 130 van die National Credit Act 34 van 2005. Die volgende stadiums in die oproepingsproses word onderskei: die voorverhoorprosedure; jurisdiksiebepaling; die hofprosedure; beslaglegging en die eksekusieverkoping. Wetgewing en regspraak het onlangs ingrypende veranderings ten aansien van die voorverhoorprosedure en die hofprosedure teweeggebring. Alhoewel die oproepingsproses tans bevredigend deur wetgewing en in die regspraak gereël word, is daar nog verontrustende aspekte van eksekusieverkopings wat die wetgewer se aandag verdien. / In this dissertation I analyse the calling up of a mortgage bond over immovable property under South-African law. If a mortgagor defaults, the mortgagee can enforce his limited real right by calling up the mortgage bond to satisfy the outstanding debt. To accomplish this, the secured property will be sold at an execution sale, after the correct procedure has been followed. Over the past decade, foreclosure proceedings have undergone significant changes, largely owing to section 26 of the Constitution, 1996, and sections 129 and 130 of the National Credit Act 34 of 2005. The following stages in the foreclosure process are identified: pre-trial debt enforcement procedure; determination of jurisdiction; court procedure; attachment and execution sale. Both the pre-trial debt enforcement procedure and the court procedure have recently been substantially amended by legislation and case law. Although legislation and case law currently regulate the foreclosure process satisfactorily, some disturbing aspects of execution sales remain and these deserve the legislator’s attention. / Private Law / LL.M.

Text in Afrikaans, abstract in Afrikaans and English / In hierdie verhandeling ontleed ek die oproeping van ʼn verband op ʼn onroerende saak in die Suid-Afrikaanse reg. Indien ʼn verbandskuldenaar wanpresteer, kan die verbandskuldeiser sy beperkte saaklike reg afdwing deur die verband op te roep ten einde die uitstaande skuld te delg. Om dit te bereik, word die sekerheidsobjek op ʼn eksekusieverkoping te gelde gemaak, nadat die regte prosedure gevolg is. Die oproepingsproses is in die laaste dekade ingrypend verander, grotendeels as gevolg van artikel 26 van die Grondwet, 1996, en artikels 129 en 130 van die National Credit Act 34 van 2005. Die volgende stadiums in die oproepingsproses word onderskei: die voorverhoorprosedure; jurisdiksiebepaling; die hofprosedure; beslaglegging en die eksekusieverkoping. Wetgewing en regspraak het onlangs ingrypende veranderings ten aansien van die voorverhoorprosedure en die hofprosedure teweeggebring. Alhoewel die oproepingsproses tans bevredigend deur wetgewing en in die regspraak gereël word, is daar nog verontrustende aspekte van eksekusieverkopings wat die wetgewer se aandag verdien. / In this dissertation I analyse the calling up of a mortgage bond over immovable property under South-African law. If a mortgagor defaults, the mortgagee can enforce his limited real right by calling up the mortgage bond to satisfy the outstanding debt. To accomplish this, the secured property will be sold at an execution sale, after the correct procedure has been followed. Over the past decade, foreclosure proceedings have undergone significant changes, largely owing to section 26 of the Constitution, 1996, and sections 129 and 130 of the National Credit Act 34 of 2005. The following stages in the foreclosure process are identified: pre-trial debt enforcement procedure; determination of jurisdiction; court procedure; attachment and execution sale. Both the pre-trial debt enforcement procedure and the court procedure have recently been substantially amended by legislation and case law. Although legislation and case law currently regulate the foreclosure process satisfactorily, some disturbing aspects of execution sales remain and these deserve the legislator’s attention. / Private Law / LL. M.