Liberty, Property, and the Future of Constitutional DevelopmentEllen Frankel Paul, Howard Dickman SUNY Press, 1990年1月1日 - 341 頁 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. |
內容
Introduction | 1 |
The Contractarian Logic of Classical Liberalism | 9 |
Public Choice Constitutionalism and Economic Rights | 23 |
Civil Rights and Property Rights | 49 |
A Mistaken and Futile Hope | 65 |
Economic Liberty and the Future of Constitutional SelfGovernment | 91 |
Tutelary Jurisprudence and Constitutional Property | 127 |
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administrators AFDC American analysis argued argument bargaining benefits citizens civil rights claim classical liberal commerce clause compensation Congress congressional constitutional law constitutional right constitutional-legal contractarian democratic dissent doctrine due process clause economic liberty economic rights effect eligibility eminent domain employees employment enactment enforce entitlements Epstein example exchange exercise federal Fifth Amendment Fourteenth Amendment Framers freedom Graglia individual interests interpretation issue judges judicial activism judicial review jurisprudence Justice Scalia labor market legislation legislature libertarian limited litigation Macedo means Michelman moral National Labor Relations negative property NLRA Nollan owners Pennell persons police power political principle private property problem prohibition property rights protection public choice constitutionalism question reason redistribution regulation rent-seeking rent-seeking behavior republican requirement Richard Epstein right to organize sector Social Security society statute statutory structure substantive supra note Supreme Court takings clause theory unconstitutional union values violation welfare rights workers