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Justiciable Property Rights and Postcolonial Land Reform: A Case Study of Zimbabwe

Moyo, Khanyisela (2016) Justiciable Property Rights and Postcolonial Land Reform: A Case Study of Zimbabwe. In: Justiciability of Human Rights Law in Domestic Jurisdictions. (Eds: Diver, Alice and Miller, Jacinta), Springer International Publishing, Switzerland, pp. 363-387. ISBN 978-3-319-24016-9 [Book section]

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URL: http://www.springer.com/us/book/9783319240145

Abstract

This chapter analyses the tension between a justiciable right to property and a state-led agrarian land reform program in a postcolonial context by examining Zimbabwean Constitutional law. It starts by presenting the conceptual framework that underlines the nexus between land reform, the right to property and justiciability. This is followed by a discussion of the various land reform policies adopted by the government of Zimbabwe from 1980 to 2013, focusing on the relevant constitutional and legislative arrangements. The chapter then analyses these constitutional and legislative frameworks and outlines their implications for human rights justiciability. It concludes that a national constitution and human rights norms may not realistically address the issue of land reform in a postcolonial situation such as Zimbabwe. Rather, the solution lies in a combination of constitutionalism, human rights norms and international diplomacy.

Item Type:Book section
Keywords:land reform, the right to property, justiciability,postcolonial context, Zimbabwe
Faculties and Schools:Faculty of Social Sciences > School of Law
Faculty of Social Sciences
Research Institutes and Groups:Transitional Justice Institute
ID Code:33170
Deposited By: Dr Khanyisela Moyo
Deposited On:04 Feb 2016 09:40
Last Modified:04 Feb 2016 09:40

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