The Judicial Branch of the American Government as a...

The Judicial Branch of the American government has potential to be the best protector of private property because it is highly insulated from rent seeking. However, its ability to protect can be compromised where it elects to defer to the legislative branch in making decisions like in cases where public use and eminent domain takings are argued. This inclination to defer to the legislatures hinders the Judicial Branch from reaching its full potential as protector of private property due to the fact that legislatures are not very insulated against rent seeking. To understand the judiciary’s role as a private property protector, we must first understand what private property rights are, the motivation of the judiciary to protect these rights and the kind of power that the judiciary has at its disposal to successfully execute this role. To understand why this role maybe be compromised, we must take a look at the legislative branch and how rent seeking influences the laws that it passes. Throughout American history, the definition, allocation and protection of property rights has been one of the most controversial and combative issues. According to Armen and Demsetz (1973), â€Å"†¦a private property right includes the right to delegate, rent, or sell any portion of the rights by exchange or gift at whatever price the owner determines (provided someone is willing to pay that price). If person A is not allowed to buy some rights from Person B and Person B therefore is not allowed toShow MoreRelatedThe Usa Patriot Act, a Controversial Public Policy, Julius Taka2951 Words   |  12 PagesThe USA Patriot Act of 2001 is a controversial public policy, which greatly undermines the civil liberties and constitutional freedom of the American people. This essay will moved from an overview of the USA Patriot Act to a review of the critical literature regarding the importance of the Act to the safety of Americans and shows how the Act violates the civil rights and libertie s of citizens and noncitizens alike. After presenting sufficient evidence that the Patriot Act violates many of the basicRead MoreThe Mafia Essay1298 Words   |  6 Pagesin 1865, after the unification of Italy (57 Robb).† It wasn’t until 1982 that it was added to the Italian penal code. Until the end of World War II, the Mafia was a force that the landowners and state of Sicily found useful to maintain power and property. In the nineteen seventies The Oxford English Dictionary was still listing the Mafia as Often erroneously supposed to constitute an organized secret society existing for criminal purposes. When the New Shorter came out in 1993, the first fiveRead MorePhilippine Constitution2338 Words   |  10 Pagesof the state amp; government The word political came from the Greek word â€Å"polis† meaning city equivalent to a sovereign state It is the basic knowledge amp; understanding of the state amp; the principles amp; ideas which underlie its organization amp; activities It is primarily concerned with the association of human beings in a body politic or a political community Fields of political science: 1. Political Theory 2. Public Law 3. Government 4. Comparative Government 5. International RelationsRead MoreArticle II: Declaration of Principles and State Policies16349 Words   |  66 Pagesprinciples and policies that underlie the Constitution. The provisions shed light on the meaning of the other provisions of the Constitution and they are a guide for all departments of the government in the implementation of the Constitution. †¢Principles = binding rules which must be observed in the conduct of government (1-6) Not all 6 principles are self-executory †¢Policies = guidelines for the orientation of the state(7-28) Some policies already anchor justiciable rights. Kilosbayan v. Morato = readRead MoreEssay about Transatlantic Constitutions: Comparing the US and the EU4377 Words   |  18 PagesAt the Laeken European Council of December 2001, government and state leaders of the European Union (EU) Member States decided to draft a `Constitutional Treaty for the EU. The draft would then be discussed, amended, approved or rejected by an Intergovernmental Conference (IGC) held in 2003. The aim of Fabbrinis article is thus to contribute to the understanding of the constitutional evolution of the EU through a comparison with the constitutional experience of the United States. Worth notingRead MoreSanlakas vs. Executive Secretary Angelo Reyes G.R. No. 159085. February 3, 20048654 Words   |  35 Pagesinterest or those with standing, as the case may be, may invoke the judicial power.   The jurisdiction of this Court, even in cases involving constitutional questions, is limited by the â€Å"case and controversy† requirement of Art. VIII,  §5.   This requirement lies at the very heart of the judicial function.   It is what differentiates decision- making in the courts from decision- making in the political departments of the government and bars the bringing of suits by just any party. That petitioner SJSRead MoreAr 670-1116218 Words   |  465 Pagesfor other officers †¢ 28–6, page 190 Grade insignia for enlisted personnel †¢ 28–7, page 195 Other grade insignia †¢ 28–8, page 201 Branch insignia—authority for †¢ 28–9, page 209 Branch insignia †¢ 28–10, page 209 Insignia for aides †¢ 28–11, page 225 Branch insignia—how worn †¢ 28–12, page 230 Insignia for U.S. Military Academy (USMA) staff †¢ 28–13, page 233 Branch insignia—officer candidates †¢ 28–14, page 234 Insignia for warrant officer candidates †¢ 28–15, page 236 Shoulder sleeve insignia-currentRead MoreAr 670-1117328 Words   |  470 Pagesthe physical fitness uniform or the improved physical fitness uniform with civilian clothes (chap 14). o Clarifies the definition of bloused trousers (chap 15). o Adds wear of new chief warrant officer 5 rank insignia (chap 28). o Adds wear of basic branch insignia by warrant officers (chap 28). o Authorizes warrant officers the wear of general staff insignia (chap 28). o Authorizes band collar insignia for enlisted personnel (chap 28). o Adds corps support commands as echelons authorized to wear theRead MoreRastafarian79520 Words   |  319 Pagessocial movements in Western industrial societies. A signiï ¬ cant number of these movements are pressure groups with a limited number of objectives vis-à  -vis the established authority.66 In other words, the objective of these groups is to get the government (or other established authorities) to address their particular concerns. They do not declare the established social order illegitimate and seek to replace it with their own ideal, and therefore, they are not charismatic movements in the sense