Private Property and the Constitution

State Powers, Public Rights, and Economic Liberties

Author: James Huffman

Publisher: Springer

ISBN:

Category: Law

Page: 220

View: 647

This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

Private Property and State Power

Philosophical Justifications, Economic Explanations, and the Role of Government

Author: J. Huffman

Publisher: Springer

ISBN:

Category: Law

Page: 183

View: 686

This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

Constitutional Interpretation: Powers of Government

Author: Craig Ducat

Publisher: Cengage Learning

ISBN:

Category: Political Science

Page: 552

View: 323

One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL LAW, Ninth Edition, is updated to reflect current issues and cases relevant to students. Offering a good balance between textual explanation and edited court cases written in clear, concise language, this text remains the standard text for both students and instructors alike. CONSTITUTIONAL LAW, Ninth Edition, is popular with instructors because it explains difficult concepts extensively and clearly and, at times, graphically. In addition, each chapter possesses a stand-alone quality, giving the instructor complete freedom to use whatever he or she wishes, by chapter and within chapters. Throughout, major cases, notes, and charts are bridged with text so students can clearly see how one concept relates to another. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Constitutional Interpretation

Author: Craig Ducat

Publisher: Cengage Learning

ISBN:

Category: Political Science

Page: 1440

View: 186

One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL INTERPRETATION, Tenth Edition, is updated to reflect current issues and cases relevant to students. CONSTITUTIONAL INTERPRETATION is known for offering a good balance between textual explanation and edited court cases but is written in clear, concise language. The text is popular with instructors because it explains difficult concepts extensively and clearly. In addition, each chapter possesses a stand-alone quality which gives the instructor freedom to use whatever he or she wishes, by chapter and within chapters. Major cases, notes, and charts support the text so students can clearly see how one concept relates to another. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Liberty, Property, and Government

Constitutional Interpretation Before the New Deal

Author: Ellen Frankel Paul

Publisher: SUNY Press

ISBN:

Category: Political Science

Page: 303

View: 580

This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth. The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the “rhetoric” of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?

Private Property and the Limits of American Constitutionalism

The Madisonian Framework and Its Legacy

Author: Jennifer Nedelsky

Publisher: University of Chicago Press

ISBN:

Category: Law

Page: 358

View: 330

The United States Constitution was designed to secure the rights of individuals and minorities from the tyranny of the majority—or was it? Jennifer Nedelsky's provocative study places this claim in an utterly new light, tracing its origins to the Framers' preoccupation with the protection of private property. She argues that this formative focus on property has shaped our institutions, our political system, and our very understanding of limited government.

The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany

A Comparative Analysis

Author: Hanri Mostert

Publisher: Springer Science & Business Media

ISBN:

Category: Law

Page: 643

View: 437

The degree to which the traditional concept of property can be adjusted in order to accommodate basic constitutional concepts such as freedom and social duty, is analysed by the author. The focus is placed on recent reforms in the land law of Germany and South Africa. Remarkable similarities in the history, structure and interpretation of German and South African property law and constitutional law are indicated and a link between private law, constitutional law, land reform and legal comparison is established. This is of particular significance for the implementation of the constitutional objectives of land reform by the South African judiciary and legislature. It furthermore provides an overview of the intricate system of constitutional property protection that has been developed in German law.

Economic Liberties and the Constitution

Author: Bernard H. Siegan

Publisher: SAGE Publications

ISBN:

Category: Business & Economics

Page: 423

View: 283

A completely revised and updated second edition of Economic liberties and the constitution.

The Revolutionary Constitution

Author: David J. Bodenhamer

Publisher: Oxford University Press

ISBN:

Category: History

Page: 296

View: 432

The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.