12/14/2024
Although American law protects private property rights, especially dynamic property rights, it has never denied public rights. Harry N. Scheiber, a professor at the School of Law at the University of California, Berkeley, has been studying the issue of public rights in American law since the 1960s. He believes that American judges and legal critics have long been very aware that "if there is to be a true rule of law, then not only private but also public 'rights' must be recognized and respected." [Note] Harry N. Scheiber, "Public Rights and the Rule of Law in American Legal History," California Law Review, Vol. 72, 1984, p. 219. [End of note] In fact, public rights are the basis of government power that can directly affect private property rights. These government powers mainly include taxation, eminent domain, and police power [Note] "Police power" in American law does not only refer to government power for the purpose of maintaining public order and dealing with criminal offenses, but has a broader meaning. See below for details. [End of note]. In the process of exercising these powers to protect public rights, the government can, on the one hand, promote the dynamic development of private property rights, and on the other hand, limit the illegal abuse of private property rights. Only in this way can the development of the capitalist market economy have a certain degree of standardization, measurability and stability. The US courts play an important role in the government's exercise of these powers. They either support legislative actions, or restrict government departments, or make adjustments to the common law tradition. Their purpose is to enable the government to handle the relationship between public rights and private property rights when exercising these powers, and to provide a favorable social environment and legal conditions for the development of the US economy.
