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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Article 26(2) of the 1995 Constitution of Uganda and the Protection of Private Property
Author:Mugambwa, John
Year:1998
Periodical:East African Journal of Peace and Human Rights (ISSN 1021-8858)
Volume:4
Issue:1
Pages:70-89
Language:English
Notes:biblio. refs.
Geographic terms:Uganda
East Africa
Subjects:constitutions
1995
property rights
expropriation
Law, Human Rights and Violence
History and Exploration
law
constitutional law
Private ownership
Eminent domain
Public interest
compensation
Uganda. Constitution (1995)
Abstract:Article 26(1) of the 1995 Constitution of the Republic of Uganda delcares that every person has a right to own property. There is no provision in the Constitution that expressly confers upon the State the power of expropriation. However, the existence of such a power is implied in article 26(2) which prohibits deprivation of any person's property unless certain conditions are satisfied. Thus, the 'taking of possession or acquisition' must be 'necessary for public use', and it must be authorized by a law which provides for prompt payment of adequate compensation and gives a right of recourse to court for aggrieved parties. The author examines the extent to which article 26(2) actually protects private property. The main issue under scrutiny is whether the State is obliged to comply with the provisions of this article in all cases of compulsory deprivation of property. Also considered is the scope of the requirement that property should not be acquired compulsorily unless it is necessary for public use and subject to the payment of adequate compensation. Notes, ref.
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