Should There be a Property Clause?

Matthew Chaskalson (who later became a Constitutional Court Justice) in this paper discusses the implications of the constitutional protection of property in the United States and the Commonwealth. He posits that property is the primary source of inequality in contemporary society, constitutional entrenchment of property rights has invariably amounted to the constitutional entrenchment of privilege and inequality. Chaskalson then puts forward several considerations relevant to the drafting of a property clause if a situation whereby South Africa is forced to accept a property clause in the Constitution arises.

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