ON LIBERALISM,PROPERTY RIGHTS AND RULE OF LAW
LİBERALİZM,MÜLKİYET HAKLARI VE HUKUK DEVLETİ ÜZERİNE

Author : İlknur TÜRE -- Fatih TÜRE
Number of pages : 357-369

Abstract

ABSTRACT Despite positioning themselves as defenders of liberty, this article has shown a consistent pattern of liberals in the classical vein trying to prevent, narrow, invalidate, or discredit democratically produced legislation that seeks to redistribute property or temper market mechanisms to further competing aims. At the turn of the 20th century this was evident in the actions of different world courts of capitalist countries such as USA courts that struck or narrowed social welfare and labor legislation; at the turn of the 21st century this is evident in the neoliberal package of reforms imposed on developing countries seeking aid. For anyone who sees democracy as an expression of liberty, this side of liberalism involves persistent attempts to invoke the rule of law to restrict the exercise of political liberty. This is the other side of the rule of law within liberal theory. The article will argue that liberalism has enjoyed an opportunistic relationship with the rule of law,

Keywords

Key Words: Liberalism, Rule Of Law, Common Law, Property Rights, Classical Liberalism, Neoliberalism

Read: 677

Download: 225