Property rights as a human right : the right to property in a comparative perspective, paying special attention to the provisions of the Maltese Constitution and the European Convention on Human Rights

Abstract

This thesis sets out to explore the evolution of human rights in history, their development throughout history, and the protection they offer nowadays with regards to property. In order to fully explain the development and the ideology of legislators at such stages of history it was also important to give a theoretical explanation by the world's greatest philosophers, or rather thinkers. Also a comparative examination of human rights legislation and Constitutions worldwide is attempted in chapter 2. The interpretation of the Maltese Constitutional court with regards to the provisions of the Constitution and the European Convention of Human Rights, and the influence that the interpretations of the European Court of Human Rights has on our judgements is dealt with in chapter 3. Chapter four gives an explanation of Article 1 of Protocol 1 as interpreted by the European Court of Human Rights in its judgements. It is probably the lengthiest chapter in this thesis as in my opinion it is at the core of our human rights legislation in Malta and thus has to be explained thoroughly. In Chapter 5 I have tried to compare the Maltese Constitution and the European Convention of Human Rights, citing differences, and similarities protected by both Statues. Chapter 6, the concluding chapter includes comments with regards to Malta's membership in the European Union, and whether this shall have any impact on Maltese Property rights, as well as an explanation of the proposed Charter of Fundamental Freedoms, as two vital developments within our property rights.