Abstract
By exploring the intersection between transitional justice initiatives and transformative constitutionalism, this article proposes that fruitful comparative study covering similarities and differences between diverse definitions of property—challenges and possibilities of accessing it and the main characteristics of the disputes over it—in four jurisdictions can be advanced. A close examination of the classic liberal paradigm framing the transitional process reveals the ways in which a progressive and justice-driven understanding of property falls short in all the countries considered. To examine this, we look at how property clauses, substantively and procedurally, are construed in transformative constitutions sitting at the heart of the liberal project animating political transitions.
Recommended Citation
Helena Alviar Garcia & Anamaría Muñoz Rincón, Comparing Access to Land: Drawing Parallels in Diverse Jurisdictions, 20 FIU L. Rev. 1233 (2026), https://doi.org/10.25148/lawrev.20.4.7.
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