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Governmental Action and Private Property

Governmental Action and Private Property Ann Louise Strong^ 1. Introduction I have chosen to discuss two of the three topics proposed for this session of the conference. My theme has been well stated by Fred Smith: "No property rights system can survive if the underlying legal system fails to protect and defend it."l Under the topic "Private Property and Public Property" my hypothesis is that a strong, independent judiciary is critical to protection of property rights of all segments of a population. This protection extends to actions by the state as well as actions of private parties. I consider some shifts in conception of what is private and what is public that have accompanied major changes in type of social order or governance and how some courts have treated stakeholders of a previous society. In particular, I describe current-day land restitution decisions under democratic governments in Australia and in two countries of Eastern and Central Europe. Under the topic "The Role of Regulation" my hypothesis is that a concept that may be intellectually satisfying can founder on administrative shoals. I consider the public regulatory structure that oversees and enforces the separation of some property rights from ownership of the underlying land. In particular, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal des Économistes et des Études Humaines de Gruyter

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Publisher
de Gruyter
Copyright
Copyright © 1996 by the
ISSN
2194-5799
eISSN
2153-1552
DOI
10.1515/jeeh-1996-2-307
Publisher site
See Article on Publisher Site

Abstract

Ann Louise Strong^ 1. Introduction I have chosen to discuss two of the three topics proposed for this session of the conference. My theme has been well stated by Fred Smith: "No property rights system can survive if the underlying legal system fails to protect and defend it."l Under the topic "Private Property and Public Property" my hypothesis is that a strong, independent judiciary is critical to protection of property rights of all segments of a population. This protection extends to actions by the state as well as actions of private parties. I consider some shifts in conception of what is private and what is public that have accompanied major changes in type of social order or governance and how some courts have treated stakeholders of a previous society. In particular, I describe current-day land restitution decisions under democratic governments in Australia and in two countries of Eastern and Central Europe. Under the topic "The Role of Regulation" my hypothesis is that a concept that may be intellectually satisfying can founder on administrative shoals. I consider the public regulatory structure that oversees and enforces the separation of some property rights from ownership of the underlying land. In particular,

Journal

Journal des Économistes et des Études Humainesde Gruyter

Published: Jun 1, 1996

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