Comparative Constitutional Design and Legal Culture
- Studies in Comparative Law and Legal Culture series
Edited by Günter Frankenberg
Chapter 15: Leon Duguit’s influence in Colombia: the lost opportunity of a potentially progressive reform
Since the early 1900s, constitutions in Latin America have included the social function of property, a limitation on property as a natural, fundamental, individual right, which in turn demands a more active role for the state in order to promote social policy. The need for this rethinking of the absolute content of property was triggered both in Europe and Latin America by the starkly unequal distribution of land that characterized the late 19th and early 20th centuries. In one of the best articles about land reform and the social function of property, Thomas T Ankersen and Thomas Ruppert describe this shift in the following terms:
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