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Practical, theoretical and historical approach to constitutional rights to property in Commonwealth countries.
Book Synopsis The Right to Property in Commonwealth Constitutions by : Tom Allen
Download or read book The Right to Property in Commonwealth Constitutions written by Tom Allen and published by Cambridge University Press. This book was released on 2000-03-09 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical, theoretical and historical approach to constitutional rights to property in Commonwealth countries.
Book Synopsis The Right to Property in Commonwealth Constitutions by : Thomas Allen
Download or read book The Right to Property in Commonwealth Constitutions written by Thomas Allen and published by . This book was released on 2000 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Papers from a July 1998 conference, written by public lawyers, property lawyers, and legal philosophers, examine public dimensions of private property. Contributors consider whether property is a human right, and look at its role in making responsible citizens, its relationship to freedom of speech, constitutional protections of private property, and attempts to redress historical wrongs by property settlements to indigenous people. The editor is former director of the New Zealand Institute of Public Law, and a lecturer at the University of Auckland, New Zealand. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis Property and the Constitution by : Janet McLean
Download or read book Property and the Constitution written by Janet McLean and published by Hart Publishing. This book was released on 1999-08-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a July 1998 conference, written by public lawyers, property lawyers, and legal philosophers, examine public dimensions of private property. Contributors consider whether property is a human right, and look at its role in making responsible citizens, its relationship to freedom of speech, constitutional protections of private property, and attempts to redress historical wrongs by property settlements to indigenous people. The editor is former director of the New Zealand Institute of Public Law, and a lecturer at the University of Auckland, New Zealand. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard.The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.
Book Synopsis Property Rights by : Bernard Siegan
Download or read book Property Rights written by Bernard Siegan and published by Routledge. This book was released on 2018-04-24 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard.The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.
Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard. The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.
Book Synopsis Property Rights by : Bernard H. Siegan
Download or read book Property Rights written by Bernard H. Siegan and published by Transaction Pub. This book was released on 2001 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard. The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.
This new and unique work is more than a collection of cases on constitutional property law, it is an in-depth comparison of constitutional property clauses in jurisdictions around the world. The book consists of three parts: the first chapter contains a general discussion of comparative, theoretical, and analytical issues. The second part consists of eighteen chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports.
Book Synopsis Constitutional Property Clauses by : A. J. Van der Walt
Download or read book Constitutional Property Clauses written by A. J. Van der Walt and published by . This book was released on 1999 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new and unique work is more than a collection of cases on constitutional property law, it is an in-depth comparison of constitutional property clauses in jurisdictions around the world. The book consists of three parts: the first chapter contains a general discussion of comparative, theoretical, and analytical issues. The second part consists of eighteen chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports.
This text chronicles the close relationship between property rights and the Constitution from the Colonial era to current controversies over land use controls. It devotes special attention to the interplay of law, ideology, politics, and economic change in shaping constitutional thought, examining such topics as the link between private property and political liberty, and the extent to which government may interfere with private contractual arrangements regarding the use of property. The first comprehensive treatment of economic rights, this is an invaluable resource for courses in constitutional and legal history, American government, the judicial process, property law, and economic regulation.
Book Synopsis The Guardian of Every Other Right by : James W. Ely
Download or read book The Guardian of Every Other Right written by James W. Ely and published by . This book was released on 1992 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text chronicles the close relationship between property rights and the Constitution from the Colonial era to current controversies over land use controls. It devotes special attention to the interplay of law, ideology, politics, and economic change in shaping constitutional thought, examining such topics as the link between private property and political liberty, and the extent to which government may interfere with private contractual arrangements regarding the use of property. The first comprehensive treatment of economic rights, this is an invaluable resource for courses in constitutional and legal history, American government, the judicial process, property law, and economic regulation.
Book Synopsis Property Rights and the Constitution by : David Johansen
Download or read book Property Rights and the Constitution written by David Johansen and published by . This book was released on 1992 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Annotated Constitution of the Australian Commonwealth by : Sir John Quick
Download or read book The Annotated Constitution of the Australian Commonwealth written by Sir John Quick and published by . This book was released on 1901 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt:
The Guardian of Every Other Right provides a comprehensive survey of the pivotal relationship between property rights and the Constitution, examining the role of property ownership from the colonial era to current controversies over land use. The text emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. Ely examines such issues as the link between private property and political liberty, the extent to which the government may interfere with private contracts, and the manner in which discourse about private property changed as American society became industrialized.Now in its second edition, The Guardian of Every Other Right has been revised to take into account the heightened interest in the constitutional rights of property owners since the first edition appeared in 1991. It focuses on the major legal developments in the field of property rights and offers a full treatment of important judicial decisions and notable legislation during the 1990s. Particular attention is paid to the Supreme Court decisions which have enlarged the protection afforded property owners under the fifth amendment. It also examines the reach of federal authority under the commerce clause and the important innovations at the state level. Covering the entire history of property rights, the revised edition of The Guardian of Every Other Right fills an important gap in the literature of constitutional history and is an ideal text for legal and constitutional history courses.
Book Synopsis The Guardian of Every Other Right by : James W. Ely
Download or read book The Guardian of Every Other Right written by James W. Ely and published by Oxford University Press, USA. This book was released on 1998 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guardian of Every Other Right provides a comprehensive survey of the pivotal relationship between property rights and the Constitution, examining the role of property ownership from the colonial era to current controversies over land use. The text emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. Ely examines such issues as the link between private property and political liberty, the extent to which the government may interfere with private contracts, and the manner in which discourse about private property changed as American society became industrialized.Now in its second edition, The Guardian of Every Other Right has been revised to take into account the heightened interest in the constitutional rights of property owners since the first edition appeared in 1991. It focuses on the major legal developments in the field of property rights and offers a full treatment of important judicial decisions and notable legislation during the 1990s. Particular attention is paid to the Supreme Court decisions which have enlarged the protection afforded property owners under the fifth amendment. It also examines the reach of federal authority under the commerce clause and the important innovations at the state level. Covering the entire history of property rights, the revised edition of The Guardian of Every Other Right fills an important gap in the literature of constitutional history and is an ideal text for legal and constitutional history courses.
