Administrative / Constitutional Law Conveyancing / Tenancy / Land Law

Parliament, the Constitution, and Property in the United Kingdom

By Tom Allen
Hart Publishing January 2025

Specifications

ISBN-13
9781509965755
Publisher
Hart Publishing
Publication
January 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

"This book considers whether Parliament recognises a constitutional right to property.

Parliament is supreme: in theory, there is nothing to stop it from passing laws to confiscate property. Nevertheless, MPs often argue that a proposed law would be unconstitutional. What does this mean in a system without a written constitution? What counts as a sound argument about constitutional rights? And what influence do constitutional arguments have on the legislative process?

The book takes a close look at these questions. It reviews legislation and debates from the Middle Ages through to more recent legislation, and covers a wide range of topics, such as land reform, nationalisation, taxation, regulatory laws and retrospection. It also looks at the most recent debates and considers the relevance of constitutional thinking to election manifestos of the main political parties.

Table of Contents

Introduction
1. Parliamentary Constitutional Standards
2. Parliamentary Procedures
3. Land: Expropriation, Regulation and Reform
4. Nationalisation
5. Retrospective Legislation
6. The ‘New Property’, Administrative Law and the Constitution
7. The Judiciary and Constitutional Standards
Conclusion
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