Download or read book Constitutional Property Law written by Andries Johannes Van der Walt and published by Juta and Company Ltd. This book was released on 2005 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successor to the 1997 publication : The constitutional property clause : a comparative analysis of section 25 of the South African Constitution of 1996.
Download or read book The Guardian of Every Other Right written by James W. Ely and published by Oxford University Press. This book was released on 2008 with total page 239 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.
Download or read book The Global Debate Over Constitutional Property written by Gregory S. Alexander and published by ReadHowYouWant.com. This book was released on 2011-07-29 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security nec...
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.
Download or read book The Guardian of Every Other Right written by James W. Ely Jr. and published by Oxford University Press. This book was released on 2007-11-30 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book 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. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.
Download or read book A Guide to Church Property Law written by Lloyd J. Lunceford and published by Presbyterian Lay Committee. This book was released on 2006 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict over property is as old as the Bible itself. Today's congregational leaders acknowledge the problem and seek equitable solutions. This question, and the related issue of "trust clauses" which, if enforceable, give control over local church property to national denominations, are being decided in new ways by the civil courts. Theological divisions within mainline American denominations elevate such earthly questions to a critical concern. This book offers an indispensable guide to navigating the troubled waters surrounding potential court disputes over local church property ownership and use. Leading scholars, theologians and attorneys from the Presbyterian Church (USA), the United Methodist Church and the Episcopal Church (USA), experienced in advising on church property issues, have collaborated to create this timely and useful volume. With clarity and insight, Raymond J. Dague, Peggy M. Hedden, Robert L. Howard, Lloyd J. Lunceford, R. Wicks Stephens II, Thomas C. Oden and Parker T. Williamson furnish essential orientation and share instructive steps to help evaluate and resolve competing claims to church property.
Download or read book Constitutional Protection of Private Property and Freedom of Contract written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. This is a collection of essays that look at the Constitutional protection of private property and freedom of contract, and forms part of the Liberty, Property and Law series where the materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science.
Download or read book Property Law For Dummies written by Alan R. Romero and published by John Wiley & Sons. This book was released on 2013-01-08 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The easy way to make sense of property law Understanding property law is vital for all aspiring lawyers and legal professionals, and property courses are foundational classes within all law schools. Property Law For Dummies tracks to a typical property law course and introduces you to property law and theory, exploring different types of property interests—particularly "real property." In approachable For Dummies fashion, this book gives you a better understanding of the important property law concepts and aids in the reading and analysis of cases, statutes, and regulations. Tracks to a typical property law course Plain-English explanations make it easier to grasp property law concepts Serves as excellent supplemental reading for anyone preparing for their state's Bar Exam The information in Property Law For Dummies benefits students enrolled in a property law course as well as non-students, landlords, small business owners, and government officials, who want to know more about the ins and outs property law.
Download or read book Property Rights and Social Justice written by Rachael Walsh and published by Cambridge University Press. This book was released on 2021-06-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Download or read book Supreme Neglect written by Richard A. Epstein and published by Oxford University Press. This book was released on 2008-03-12 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.
Download or read book Liberty Property and the Future of Constitutional Development written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1990-01-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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
Download or read book The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany written by Hanri Mostert and published by Springer Science & Business Media. This book was released on 2002 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: One: Research Question, Terminology and Methodology.- 1: Introduction.- 1. An Introduction to the Basic Problems.- 2. Objectives of Research.- 2.1. Motivation.- 2.2. Legal Comparison.- 2.3. Delimitation.- 3. Practical Significance of Research.- 4. Inquiry Outline.- 2: Terminology.- 1. Possible Terminological Difficulties.- 2. Ownership and Property.- 2.1. Ideological Concept.- 2.2. Legal Concept.- 2.2.1. Private Law Terminology.- 2.2.2. Terminology of the Constitution.- 2.2.3. Terminology of Reform.- 2.2.4. Polarisation of the Private Law Property and Constitutional Property.- 3. Public Interest, Common Weal and Public Purposes.- 3.1. Public Interest and Common Weal in the Constitutional Context.- 3.2. Public Interest, Public Purposes and the Property Clauses.- 3.2.1. Public Interest, Public Purposes and Expropriation.- 3.2.2. Public Interest, Public Purposes and Land Reform.- 4. The Relationship between Property and Public Interest.- 3: Legal Comparison and the Course of Inquiry.- 1. Legal Comparison as Method of Analysis.- 2. Comparative Analysis as Constitutional Directive.- 3. Possibilities for Legal Comparison.- 4. Similarities in the German and South African Property Orders.- 4.1. Bases of the Legal Systems and their Material Law.- 4.2. Corresponding Legal Problems.- 4.3. Comparable Legal Methods.- 4.4. Constitutional Principles.- 5. Differences between the German and South African Systems of Property Law.- 5.1. Drafting Circumstances.- 5.2. Wording of South African and German Property Clauses.- 6. Course of Inquiry.- Two: Background to the Constitutional Protection of Property in Germany and South Africa.- 4: The Drafting Histories of the South African and German Constitutional Property Clauses.- 1. Relevance of an Historical Inquiry.- 2. Germany: Development of Property Protection Under a Constitution.- 2.1. Historical Background of article 14 GG.- 2.1.1. First Attempts at Constitutional Protection of Property.- 2.1.2. Property Protection in the Weimar Republic and Under National-Socialism.- 2.1.3. Circumstances Influencing the Drafting of article 14 GG.- 2.1.4. Constitutional Property Protection in a Reunified Germany.- 2.2. Relevance of article 14 GG for the German Property Order.- 3. South Africa: Negotiating a Constitutional Property Clause.- 3.1. Historical Background to the Property Clauses.- 3.1.1. The Inclusion of a Property Guarantee in the Constitution.- 3.1.2. Compromises Incorporated in Section 28 IC and Section 25 FC.- 3.1.3 Certification of Section 25 FC.- 3.2. Relevance of the Constitutional Property Clauses for the South African Property Order.- 4. Constitutionalism and Socio-economic Needs.- 5: Structure of the Constitutional Protection and Regulation of Property in Germany and South Africa.- 1. External Aspects of the Constitutional Property Clauses.- 2. "Positive" and "Negative" Guarantees.- 2.1. The German Property Guarantee.- 2.2 The South African Property Guarantees.- 2.2.1. Section 28 IC.- 2.2.2. Section 25 FC.- 2.3. Legal-comparative Evaluation.- 3. Basic Structure of an Inquiry into the Constitutional Property Clause.- 3.1. Structure of Human Rights Litigation in General.- 3.2. Substantive Issues Relating to the Property Clause.- 3.2.1. Claims Arising from the Constitutional Property Clause.- 3.2.1.1. The Claim to Have Property.- 3.2.1.2. Eligibility to Hold Property.- 3.2.1.3. Insulation of Private Property from State Interference.- 3.2.1.4. Immunity against Uncompensated Expropriation.- 3.2.2. Stages of Inquiries Based on the Constitutional Property Clause.- 3.2.2.1. Inquiries into the Constitutional Validity of an Interference with Property.- 3.2.2.1.1. "Threshold Question".- 3.2.2.1.2. Infringement Question.- 3.2.2.1.3. Justifiability.- 3.2.2.2. Inquiries Regarding the Payment of Compensation.- 3.2.3. Summary: Object of Protection and Nature of Limitation.- 3.3. The Structure of the Judicial System and its Relevance for a Constitutional Property Inquiry.- 3.3.1. The South African Judicia...
Download or read book Property Rights and Social Justice written by Rachael Walsh and published by Cambridge University Press. This book was released on 2021-06-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.
Download or read book Property Law written by D. Benjamin Barros and published by Aspen Publishing. This book was released on 2020-02-06 with total page 1292 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative Property casebook that re-imagines the law school casebook format and covers all the major topics included in a basic 1L Property course, Property Law, Second Edition borrows some pedagogical features commonly found in undergraduate textbooks, making use of sidebars, illustrations, and other design devices to present material more clearly. The authors present concepts simply, then move the discussion toward complexity—the opposite of the approach taken by many current texts. Clear yet sophisticated, the casebook is the perfect choice for all skill levels. Including problems that students can and should be able to do on their own, explanatory answers, and skills-based exercises, this casebook is both professor-friendly and student-friendly. Themes that run through the course are highlighted throughout the book, resulting in a casebook that clearly presents the fundamentals of property law. This allows students to develop an understanding of basic concepts on their own while allowing professors to assist their students in developing an advanced understanding of property law. The authors of Property Law are experts on the property coverage on the bar exam, and while this casebook goes far beyond test-only material, students will benefit from their expertise and will learn every topic they are likely to see on the bar exam. New to the Second Edition: Additional text on racial discrimination and other critical issues in a subtle way, giving instructors the choice of how deeply to explore those issues. Revisions to Chapter 9 to include Murr v. Wisconsin, the Supreme Court’s most recent regulatory takings case. A Revised Chapter 10 that includes new material on Intellectual Property and Property Theory. Minor corrections and refinements throughout the casebook. Professors and students will benefit from: A text that starts from simplicity and moves to complexity: The book first provides text that explains the basic doctrine, then presents a simple case example, and finally moves to more complex issues. Cases that are introduced with explanatory text discussing the law and issues surrounding the case. This radically different approach from most other casebooks allows students to have a better grasp of the concepts and themes before they even read the case. Problems and exercises that students can complete on their own, with explanatory answers included in an appendix. An innovative design that aids student learning, with sidebars, diagrams, charts, and illustrations that make concepts clearer to students. Cases that are used as examples, not introductions to legal rules. Many topics in the book feature introductory text, illustrations, and problem sets before a single case is introduced, to aid in students’ legal learning. The inclusion of sample documents, helping students to understand core concepts. A book perfect for a four-credit course but also features a modular design that can be used in courses of varying credit size. More comprehensive bar exam topic coverage than any competing book.
Download or read book European Union Constitutional Property Law written by Bram Akkermans and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For European property lawyers, property is the law of things and this has been so for the past centuries. In this perspective, property law focuses on transactions of these things and is therefore transactional law. Increasingly there is a number of lawyers that considers property in a constitutional context. However, this is mostly done at a national level, or by comparing national constitutional property law, usually constitutional property provisions, to other countries. Constitutional property, I submit, is much more than just the national constitutional provision, and concerns the way in which property is to be understood, organised and applied in a legal order. In the EU legal order, which has a single or internal market, which is more than a mere sum of its components, there is a great need to rethink the position of property. The EU internal market is a social market economy to which fundamental principles of property law (freedom of ownership, free circulation of goods and freedom of contract) are inextricably linked. A change away from the market economy will bring great difficulties in the current composition of the EU legal order, as too many aspects are dealt with at the national level. The EU legal order relies heavily on the existence of these fundamental principles of property law in the systems of the Member States that 'upload' these to the EU level. EU economic constitutional law as well as EU social constitutional law can provide guidance for the development of EU (constitutional) property law. There is - borrowing from the South African experience - an algorithm for the development of property law in the EU, in which the primacy of regulation is with private parties, followed by the Member States who are all bound by the economic and social context provided for by EU law. That normative framework is not to be followed voluntarily, but comes with the method and thus with the force of supranational EU law, including direct effect, effet utile, and the principle of sincere cooperation between Member States. This is all balanced by the principles of subsidiarity and proportionality that keep the EU out of matters it should not concern itself with.
Download or read book A Guide to Church Property Law written by Lloyd J. Lunceford and published by Reformation Press. This book was released on 2010-07-01 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
