Property And The Constitution
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Private Property And The Constitution
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Author : James Huffman
language : en
Publisher: Springer
Release Date : 2013-12-05
Private Property And The Constitution written by James Huffman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-05 with Law categories.
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.
Property And The Constitution
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Author : Janet McLean
language : en
Publisher: Hart Publishing
Release Date : 1999-08-23
Property And The Constitution written by Janet McLean and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-23 with Law categories.
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
Private Property And The Constitution
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Author : Bruce Ackerman
language : en
Publisher: Yale University Press
Release Date : 2008-10-01
Private Property And The Constitution written by Bruce Ackerman and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-01 with Law categories.
The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types--Scientific Policymaking and Ordinary Observing--and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice--relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.
The Right To Property In Commonwealth Constitutions
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Author : Tom Allen
language : en
Publisher: Cambridge University Press
Release Date : 2000-03-09
The Right To Property In Commonwealth Constitutions written by Tom Allen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03-09 with Law categories.
Practical, theoretical and historical approach to constitutional rights to property in Commonwealth countries.
Private Property And The Constitution
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Author : Bruce A. Ackerman
language : en
Publisher:
Release Date : 1977
Private Property And The Constitution written by Bruce A. Ackerman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with categories.
Constitutional Property Clauses
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Author : A. Van der Walt
language : en
Publisher: Springer
Release Date : 1999-12-09
Constitutional Property Clauses written by A. Van der Walt and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-12-09 with Law categories.
The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. 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, meriting extensive analysis and discussion. Among the countries discussed are Australia, Japan, Canada, Germany, Switzerland and South Africa. For easy reference the structure of these country-by-country chapters is identical. These chapters not only contain practical, useful legal information but also a normative interpretation of constitutional property clauses in their national and international context. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports. The focus of the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions. The book will be of interest to private and public lawyers engaged in international trade and business practices, as well as to scholars of comparative (constitutional) law.
In Defense Of Property
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Author : Gottfried Dietze
language : en
Publisher: University Press of America
Release Date : 1995
In Defense Of Property written by Gottfried Dietze and has been published by University Press of America this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Business & Economics categories.
In Defense of Property focuses on the importance of private property and its protection throughout history. Emphasizing the connection between property and propriety, Gottfried Dietze shows how the universal appreciation of property functions as an ethical institution, securing happiness under law and order.
Property And Constitution
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Author : A. J. Van der Walt
language : en
Publisher:
Release Date : 2017
Property And Constitution written by A. J. Van der Walt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Common law categories.
"Property and Constitution embodies an effort to work out how to give practical effect to the constitutional obligation to interpret legislation and develop the common law so as 0́8to promote the spirit, purport and objects of the Constitution0́9, particularly in the area of Property Law. The author distinguishes between situations where the constitutionally inspired interpretation of legislation should prevail and others where suitable development of the common law may be required, distinguishing both from cases where direct reliance on the constitutional provision is permissible. He also considers the importance of obligations inherent in diverse constitutional provisions relating to for example arbitrariness, restitution and homelessness for the further development of Property Law. The book should appeal to academics, practitioners, policy makers and postgraduate research students with an interest in the constitutionally inspired development of Property Law."--Publisher's website.
The Guardian Of Every Other Right
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Author : James W. Ely
language : en
Publisher: Oxford University Press on Demand
Release Date : 2008
The Guardian Of Every Other Right written by James W. Ely and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
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.
Property Rights And Social Justice
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Author : Rachael Walsh
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-10
Property Rights And Social Justice written by Rachael Walsh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-10 with Law categories.
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.