The fundamental right to property : a brief review in the light of recent developments

Abstract

In theory and on the basis of current specific legislation there are two main statutes which may, and have actually infringed upon the right to protection from deprivation of property without compensation (Article 37 of the Constitution) and to protection from privacy of home and other property (Article 38 of the Constitution). These are the Land Acquisition (Public Purposes) Ordinance and the Housing Act (Chapters 88 and 125 respectively of the Laws of Malta), the latter as amended by Act XXXVII of 1989. The limitations to the above-mentioned rights are specifically established by the relative provisos contained in the respective Articles of the Constitution. This does not create any particular difficulty as it is based on the generally accepted principle enunciated by John Stuart Mill: the liberty of the individual must be thus limited: he must not make himself a nuisance to other people.