Private Property And The Limits Of American Constitutionalism
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Private Property and the Limits of American Constitutionalism
Author | : Jennifer Nedelsky |
Publsiher | : University of Chicago Press |
Total Pages | : 358 |
Release | : 1994-06-15 |
Genre | : Law |
ISBN | : 9780226569710 |
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Federalists vision of the Constitution; an interdisciplinary investigation.
Private Property and the Limits of American Constitutionalism
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Author | : Jennifer Nedelsky,University of Toronto. Faculty of Law |
Publsiher | : Unknown |
Total Pages | : 135 |
Release | : 1989 |
Genre | : Constitutional law |
ISBN | : OCLC:225193059 |
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The Guardian of Every Other Right
Author | : James W. Ely |
Publsiher | : Oxford University Press on Demand |
Total Pages | : 239 |
Release | : 2008 |
Genre | : History |
ISBN | : 9780195323320 |
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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.
Constitutionalism and Democracy
Author | : Jon Elster,Rune Slagstad |
Publsiher | : Cambridge University Press |
Total Pages | : 372 |
Release | : 1988 |
Genre | : Philosophy |
ISBN | : 0521457211 |
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The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.
The Classical Liberal Constitution
Author | : Richard A. Epstein |
Publsiher | : Harvard University Press |
Total Pages | : 889 |
Release | : 2014-01-06 |
Genre | : Law |
ISBN | : 9780674727809 |
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American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
The Limits of Sovereignty
Author | : Daniel W. Hamilton |
Publsiher | : ReadHowYouWant.com |
Total Pages | : 426 |
Release | : 2010-10-21 |
Genre | : Law |
ISBN | : 9781459606241 |
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Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thoug...
The Turning Point in Private Law
Author | : Ugo Mattei,Alessandra Quarta |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 135 |
Release | : 2018-10-26 |
Genre | : LAW |
ISBN | : 9781786435187 |
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Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
The Legal Foundations of Inequality
Author | : Roberto Gargarella |
Publsiher | : Cambridge University Press |
Total Pages | : 287 |
Release | : 2010-04-12 |
Genre | : Political Science |
ISBN | : 9781139485982 |
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The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.