Acquisitive prescription and fundamental rights

Neil Duxbury

LSE Research Online Documents on Economics from London School of Economics and Political Science, LSE Library

Abstract: Various seventeenth-century parliamentarians resorted to the concept of acquisitive prescription when denouncing irresponsible use of the royal prerogative. Often, the concept was invoked to convey nothing more than that a custom had existed since time immemorial. But sometimes the concept was being used in its legal sense: to denote the acquisition of a right (as if someone with the authority to grant that right had done so) by virtue of some instance of long and uninterrupted enjoyment over a period of time. This paper considers the application of acquisitive prescription, a doctrine rooted in the medieval law of land obligations, in Stuart constitutional discourse.

Keywords: fundamental rights; prescription; custom; constitutional history; royal prerogative; Magna Carta (search for similar items in EconPapers)
JEL-codes: J1 (search for similar items in EconPapers)
Date: 2016-09-01
New Economics Papers: this item is included in nep-his
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Published in University of Toronto Law Journal, 1, September, 2016, 66(4), pp. 472-512. ISSN: 0042-0220

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