Kelly-Brown Ochieng Odhiambo (Brian Otieno and company Advocates; Umma University) has posted The Grammar of Constitutional Acquisition on SSRN. Here is the abstract:
A diplomatic leasehold in Canberra is abruptly terminated; a corporate entity’s multi-million-dollar statutory chose in action for a tax refund is retroactively extinguished; a traditional land right held by the Gumatj clan of the Yolŋu nation is neutralized prior to state recognition. Each instance asks whether the Commonwealth can use a valid sovereign purpose to mask an uncompensated acquisition of property. Synthesizing Yunupingu, G Global, and Russian Federation, this article demonstrates that constitutional provisions attach to distinct dimensions of a single legislative act. Consequently, acquisition operates as an autonomous characterization of a juridical transformation, uncompromised by statutory purpose or mere economic detriment.
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