‘Double’ property guarantees: a structural and comparative analysis

In a discussion of constitutional property law it is usually stated that property is guaranteed or protected in ‘the property clause’. However, this formulation understates the complex structure of property clauses, since many constitutional property clauses consist of at least two more or less separate or independent parts. For the purpose of this article, three variations of the postcolonial ‘double’ or combined property clause are discussed. The ‘standard’ variation is the most common, and appears in ss 3 and 8 of the Constitution of the Republic of Botswana (1966), ss 3 and 8 of the Constitution of Mauritius (1968), ss 13 and 18 of the Constitution of the Republic of the Gambia (1970), and ss 8 and 13 of the now repealed Constitution of the Republic of Uganda (1967). Two different variations of the combined property clause appear in ss 13 and 18 of the Constitution of Jamaica (1962) and ss 11 and 16 of the Constitution of Zimbabwe (1980) respectively. Each of the three variations displays the basic characteristics of a combined property clause, as well as certain unique features of its own, and each causes its own problems of interpretation. Notes, ref.

Title:‘Double’ property guarantees: a structural and comparative analysis
Author: Van der Walt, A.J.
Year:1998
Periodical:South African Journal on Human Rights
Volume:14
Issue:4
Pages:560-586
Language:English
Geographic term:Subsaharan Africa
External link:https://doi.org/10.1080/02587203.1998.11834994
Abstract:In a discussion of constitutional property law it is usually stated that property is guaranteed or protected in ‘the property clause’. However, this formulation understates the complex structure of property clauses, since many constitutional property clauses consist of at least two more or less separate or independent parts. For the purpose of this article, three variations of the postcolonial ‘double’ or combined property clause are discussed. The ‘standard’ variation is the most common, and appears in ss 3 and 8 of the Constitution of the Republic of Botswana (1966), ss 3 and 8 of the Constitution of Mauritius (1968), ss 13 and 18 of the Constitution of the Republic of the Gambia (1970), and ss 8 and 13 of the now repealed Constitution of the Republic of Uganda (1967). Two different variations of the combined property clause appear in ss 13 and 18 of the Constitution of Jamaica (1962) and ss 11 and 16 of the Constitution of Zimbabwe (1980) respectively. Each of the three variations displays the basic characteristics of a combined property clause, as well as certain unique features of its own, and each causes its own problems of interpretation. Notes, ref.