private property and the constitution state powers public rights and economic liberties

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Private Property And The Constitution

Author : James Huffman
ISBN : 9781137376732
Genre : Law
File Size : 74. 62 MB
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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

Author : J. Huffman
ISBN : 9781137376725
Genre : Law
File Size : 20. 15 MB
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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.

Hugo Grotius And The Century Of Revolution 1613 1718

Author : Marco Barducci
ISBN : 9780198754589
Genre : History
File Size : 21. 35 MB
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Hugo Grotius and the Century of Revolution, 1613-1718 is a reconstruction of the way Hugo Grotius (1583-1645) was read and used by English political and religious writers in the seventeenth and early eighteenth centuries. Engaging with the reception of all of Grotius's key works and a wide range of topics, the volume has much to say about the search for peace in an age of religious conflict and about the cultural roots of the Enlightenment. Most of all, Marco Barducci aims to deepen our understanding of the connections that made English political thought part of the history of European thought. To this end, it brings together a succinct account of Grotius's own thinking on key topics, mapping these accounts within English debates, to show why his ideas were seen to be relevant at key moments; shows awareness of the possibilities for the misappropriation inherent in reception; and adds something new to our understanding of why seventeenth-century Englishmen argued in the ways that they did.

Economic Liberties And The Constitution

Author : Bernard H. Siegan
ISBN : 9781351312516
Genre : Law
File Size : 22. 71 MB
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In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare?most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason?the necessity?for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.

Liberty Property And Government

Author : Ellen Frankel Paul
ISBN : 0791400875
Genre : Law
File Size : 29. 23 MB
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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?

Constitutional Interpretation Powers Of Government

Author : Craig R. Ducat
ISBN : 9781133710400
Genre : Education
File Size : 36. 62 MB
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One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL INTERPRETATION, VOLUME I, Tenth Edition, is updated to reflect current issues and cases relevant to students. CONSTITUTIONAL INTERPRETATION, VOLUME I 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 The Future Of Constitutional Development

Author : Ellen Frankel Paul
ISBN : 0791403041
Genre : Law
File Size : 80. 83 MB
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This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930’s, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the “double standard.” The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.

The Revolutionary Constitution

Author : David J. Bodenhamer
ISBN : 9780199913039
Genre : History
File Size : 82. 5 MB
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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.

Constitutional Protection Of Private Property And Freedom Of Contract

Author : Richard A. Epstein
ISBN : 9781135699932
Genre : Law
File Size : 32. 91 MB
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First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Political Science 2 Stage

Author : D. K. Sarmah
ISBN : 9788122420746
Genre :
File Size : 83. 17 MB
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