Magna Carta And Due Process Of Law
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Author | : Randy James Holland |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Constitutional history |
ISBN | : 9780314676719 |
An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
Author | : Bernard Siegan |
Publisher | : Routledge |
Total Pages | : 520 |
Release | : 2018-04-24 |
Genre | : Law |
ISBN | : 1351325949 |
Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard.The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.
Author | : E. Thomas Sullivan |
Publisher | : Oxford University Press |
Total Pages | : 264 |
Release | : 2013-07-04 |
Genre | : Law |
ISBN | : 0199990808 |
In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.
Author | : Peter Linebaugh |
Publisher | : Univ of California Press |
Total Pages | : 372 |
Release | : 2009-06 |
Genre | : History |
ISBN | : 0520260007 |
Author | : King John |
Publisher | : Lulu.com |
Total Pages | : 66 |
Release | : 2013-06-08 |
Genre | : History |
ISBN | : 1291433074 |
The constitutional foundation of English (and perhaps world) freedoms
Author | : Ralph Turner |
Publisher | : Routledge |
Total Pages | : 367 |
Release | : 2016-09-17 |
Genre | : History |
ISBN | : 1317873947 |
This new history is the first to tell the story of Magna Carta ‘through the ages’. No other general work traces its continuing importance in England’s political consciousness. Many books have examined the circumstances surrounding King John’s grant of Magna Carta in 1215. Very few trace the Charter’s legacy to subsequent centuries and even fewer look at the fate of the physical document. Turner also underlines its great influence outside the United Kingdom, especially in North America. Today, the Charter enjoys greater prestige in the United States, the land of lawyers, than in Britain. U.S. citizens claim Magna Carta as a source of their liberties, guaranteeing ‘due process of law’ and condemning ‘executive privilege’.
Author | : A. E. Dick Howard |
Publisher | : |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Constitutional history |
ISBN | : 9780813938066 |
For the eight hundredth anniversary of the Magna Carta, the University of Virginia Press presents the first paperback edition of The Road from Runnymede by A. E. Dick Howard, originally published in 1968. In this volume, Howard explores the ways in which Magna Carta's concepts, most notably due process, have been absorbed and put into practice by English and especially American society. He goes on to show how the idea of constitutional government evolved in America, moving beyond the foundations laid by Magna Carta to adapt itself to the new republic's needs.
Author | : William Sharp McKechnie |
Publisher | : |
Total Pages | : 642 |
Release | : 1905 |
Genre | : Constitutional history |
ISBN | : |
Author | : Royal Historical Society (Great Britain) |
Publisher | : |
Total Pages | : 352 |
Release | : 1917 |
Genre | : Constitutional history |
ISBN | : |
Author | : Philip HAMBURGER |
Publisher | : Harvard University Press |
Total Pages | : 705 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 0674038193 |
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.