Abstract
Argues that the powers granted by the Banking Act 2009 under the special resolution regime (SRR) to deal with ailing financial institutions interfere with the market economy theory and restructure the private property rights of those holding property in a failing bank, but are legitimised on the grounds of public interest. Reviews academic theories on the scope of the property right, the operation of the SRR and its impact on the property rights of shareholders and depositors. Explains why the powers should be seen as being in line with the Human Rights Act 1998. © 2022 Sweet & Maxwell and its Contributors.
| Original language | English |
|---|---|
| Pages (from-to) | 227-234 |
| Journal | Journal of International Banking Law and Regulation |
| Volume | 25 |
| Issue number | 5 |
| Publication status | Published - 2010 |
| Externally published | Yes |
Research Keywords
- Banking supervision
- Banks
- Human rights
- Proprietary rights
- Special resolution regime
