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The Right To Property In Commonwealth Constitutions
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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:
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.
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 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.
Book Synopsis The Constitutional Structure of the Commonwealth by : Kenneth Clinton Wheare
Download or read book The Constitutional Structure of the Commonwealth written by Kenneth Clinton Wheare and published by Oxford, Clarendon. This book was released on 1960 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitutional Protection by : Roger Pilon
Download or read book The Constitutional Protection written by Roger Pilon and published by . This book was released on 2008 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitution of the Commonwealth and the Rearrangement Thereof by : Massachusetts
Download or read book Constitution of the Commonwealth and the Rearrangement Thereof written by Massachusetts and published by Rarebooksclub.com. This book was released on 2013-09 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...by governor with consent of council, for certain reasons, ............64 Jury, right of trial by, not a subject for initiative or referendum petition, . 53 Jury, trial by, right secured, ......... 7 Justices of the peace, commissions to expire in seven years from date of appointment, but may be renewed, ....... 27 removal of, from office, ......... 49 judges may be appointed as, ...... 32,37 L. Land, etc., taking of, for widening or relocating highways, etc., ...49,50 for relieving congestion of population and providing homes for citizens, . 50 Landmarks, ancient, preservation of, ....... 63 Lands, easements or interests, in connection with certain natural resources, may be taken, .......... 62 Law prohibiting free exercise of religion not to be passed, .... 51 Law-martial, only those employed in the army and navy, and the militia in actual service, subject to, except by authority of the legislature, 9 protection from the, not a subject for initiative or referendum petition, 53 Laws, every person to have remedy in, for injury to person or property, 7 power of suspension or execution of, only in the legislature, . 8, 9 power of general court to enact, ....... 12 suspension of, mode of petitioning for, ...... 59 enacting style of, .......... 33 ex 'post facto, prohibited as unjust and inconsistent with free government, . 9 of province, colony and state, not repugnant to the constitution, continued in force, .......... 33 PAGE Laws, passed by the general court, when to take effect, .... 58 approved by the voters, when to take effect, ..... 56, 59 emergency, to contain preamble, etc., ...... 58 enacted by the general court, unless expressly excluded, made subject to referendum to the people, ....... 59 relating to certain subjects to be consi
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
Book Synopsis The Constitutional Structure of the Commonwealth by : K. C. Wheare
Download or read book The Constitutional Structure of the Commonwealth written by K. C. Wheare and published by . This book was released on 1960 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cases on Constitutional Law by : James Bradley Thayer
Download or read book Cases on Constitutional Law written by James Bradley Thayer and published by . This book was released on 1894 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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 2008 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers 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. The third edition has been completely revised and updated.
Book Synopsis The Right to Own Property by : United States. Congress. Senate. Committee on the Judiciary
Download or read book The Right to Own Property written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1996 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The International Law on Foreign Investment by : M. Sornarajah
Download or read book The International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2021-07-01 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: The climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. This fully updated edition of Sornarajah's classic text offers thought-provoking analysis of the law in historical, political and economic contexts, capturing leading trends and charting the possible course of future developments. It takes into account the newer types of treaties that establish a regulatory space for states and moves away from inflexible investment protection, exploring the newly created defences relating to environment, human rights, indigenous rights and other areas ending the fragmentation of the law. It looks at the current debates on legitimacy of the system and current efforts at reform. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.
Book Synopsis The International Law of Property by : John G. Sprankling
Download or read book The International Law of Property written by John G. Sprankling and published by OUP Oxford. This book was released on 2014-05-01 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.
Book Synopsis American Constitutional Law by : Donald P. Kommers
Download or read book American Constitutional Law written by Donald P. Kommers and published by Rowman & Littlefield Publishers. This book was released on 2010 with total page 1174 pages. Available in PDF, EPUB and Kindle. Book excerpt: iAmerican Constitutional Law Essays, Cases, and Comparative Notes is a unique casebook that encourages students and citizens of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. The book has two prominent features that distinguish it from other books in the field an emphasis on the social, political and moral theory that provides meaning to constitutional law and interpretation; and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political context. For students in the liberal arts, as well as law students seeking a richer encounter with the multifaceted nature of the American constitutional experience, this book addresses all of their concerns.The new edition offers Updated and expanded treatment of key cases on gerrymandering and campaign finance Expanded discussion of the Court's work federalism and the commerce clause Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence Full coverage of new developments and cases concerning affirmative action and school desegregation
