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Journal articles on the topic 'Constitutional law – England'

Author: Grafiati

Published: 10 March 2023

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1

Somek, Alexander. "Constitutional Theory as a Problem of Constitutional Law: On the Constitutional Court's Total Revision of Austrian Constitutional Law." Israel Law Review 32, no. 4 (1998): 567–90. http://dx.doi.org/10.1017/s0021223700015806.

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La. I clear it thus out of Sir Edw. Coke 1 Inst. Sect. 138. that this [Legal Reason] is to be understood of an artificial perfection of Reason gotten by long Study, Observation and Experience, and not of every Mans natural Reason; for Nemo nascitur Artifex. This Legal Reason is summa Ratio; and therefore if all the Reason that is to be dispersed into so many several heads were united into one, yet could he not make such a Law as the Law of England is, because by so many successions of Ages it hath been fined and refined by an infinite number of Grave and Learned Men.Ph. […] I grant you that th

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2

Müßig, Ulrike. "Constitutional conflicts in seventeenth-century England." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, no. 1-2 (2008): 27–47. http://dx.doi.org/10.1163/157181908x277563.

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AbstractIn the constitutional conflicts of the 17th century, both Crown and Parliament justified actions contrary to the other's will by reference to necessity. The Crown held the raising of additional finance to be necessary; the Parliament, its raising of a militia. The competence to determine a time of necessity, and to decide on the public good in it, was the key to sovereignty. In a series of cases reaching a peak in Hampden, the courts handed the Crown an unrestrained Prerogative. With the Militia Ordinance, a disturbed Parliament then claimed the competence for deciding on the public go

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3

Brown, Kate Elizabeth. "Rethinking People v. Croswell: Alexander Hamilton and the Nature and Scope of “Common Law” in the Early Republic." Law and History Review 32, no. 3 (2014): 611–45. http://dx.doi.org/10.1017/s0738248014000248.

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While serving in the New York Assembly in 1787, Alexander Hamilton identified a problematic clause in New York's constitution. Remarking on an act for settling intestate estates, Hamilton asked, “The question is what is meant in the constitution, by this phrase ‘the common law’?” He went on to describe an important distinction in his legal and constitutional thought: These words have in a legal view two senses, one more extensive, the other more strict. In their most extensive sense, they comprehend the [British] constitution, of all those courts which were established by memorial custom, such

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4

Young, Alison L. "The Constitutional Implications of Brexit." European Public Law 23, Issue 4 (2017): 757–86. http://dx.doi.org/10.54648/euro2017043.

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This Article investigates the constitutional implications of Brexit, focusing on the extent to which Brexit challenges the classification of the UK constitution as a self-correcting unitary democracy, upholding parliamentary sovereignty. It argues that, Brexit removes some of the European layer from the UK’s emerging multi-layered constitution, but in doing so it threatens to undermine the delicate relationship between England, Scotland, Wales and Northern Ireland on which the Union is based, particularly in the light of recent political events. In addition, it argues that Brexit may not resto

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Rahmatian, Andreas. "Brexit and Scotland: Centralism, Federalism or Independence?" European Review 26, no. 4 (2018): 616–47. http://dx.doi.org/10.1017/s1062798718000054.

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The public debate about the consequences of Brexit in Britain follows certain predictable lines of established academic concepts in British constitutional law. This arguably overlooks the important constitutional complications of Brexit, including the position of Scotland in post-Brexit Britain. This article takes the unorthodox approach of focusing on legal and intellectual history rather than British constitutional law, because in this way one obtains a better understanding of the present British constitutional framework in the context of Europe. The discussion is from a continental European

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Tierney, Stephen. "England – Constitutional Reform under the New Labour Government." European Public Law 3, Issue 4 (1997): 461–73. http://dx.doi.org/10.54648/euro1997043.

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7

Abernathy, Charles F. "The Lost European Aspirations of U.S. Constitutional Law." German Law Journal 4, no. 6 (2003): 595–611. http://dx.doi.org/10.1017/s2071832200016254.

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Most European and American attorneys and judges think the U.S.A. has its legal roots in English common law, and that is probably true for the many areas of U.S. law that are still controlled by the traditional common-law process of simultaneously making and applying law. Yet, with respect to constitutional law – America's greatest legal contribution to modern respect for the rule of law, the roots of the U.S. legal system are firmly planted in Europe, not England. The U.S. Constitution was inspired by French revolutionary ideas of rationalism in law; it was intended as an integrated document j

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Macurdy, Allan H. "Rights Respiration: Disability, Isolation, and a Constitutional Right of Interaction." Texas Wesleyan Law Review 13, no. 2 (2007): 737–48. http://dx.doi.org/10.37419/twlr.v13.i2.20.

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In 1772, Lord Mansfield, Chief Justice of the King's Bench, presided over a case involving a slave, James Somerset, who had been brought by his master from Virginia to England and who claimed that his simple presence on English soil made him free. Among Somerset's lawyers was one Francis Hargrave, who was arguing the first case of his career that day. Hargrave maintained that "the Air of England was too pure for slavery," quoting the advocate in a prior case and drawing upon the commonly held understanding that slavery was incompatible with a society of rights, and that it deprived the individ

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9

Kaiser, Anna-Bettina. "“It Isn't True that England Is the Moon”: Comparative Constitutional Law as a Means of Constitutional Interpretation by the Courts?" German Law Journal 18, no. 2 (2017): 293–308. http://dx.doi.org/10.1017/s2071832200021969.

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This Article evaluates the merits and problems of comparative constitutional law as an interpretive means by the courts. It pleas for a nuanced perspective towards both agents and methods of comparative constitutional law. The Article is in favor of the use of comparative constitutional law by the courts. However, challenges as to the legitimation of comparison in court, functional limits of comparative constitutional law in the judiciary, and methodological questions remain to be solved. As far as constitutional and supreme courts are concerned, this Article argues that arguments derived from

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10

Lobban, Michael. "Habeas Corpus: from England to Empire." International Journal of Law in Context 7, no. 2 (2011): 257–69. http://dx.doi.org/10.1017/s1744552311000085.

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The ‘Great Writ’ of habeas corpus has long had an iconic status as the ‘writ of liberty’ which ensured that no person could be detained in prison without being put to trial by a jury of his peers. According to the traditional version, popularised by Whiggish constitutional writers from the late seventeenth century onwards, the English constitution as embodied in the common law had, since time immemorial, striven to protect the fundamental rights of Englishmen and women, which included the right to personal liberty. The common law had supplied the writ of habeas corpus, which secured the provis

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11

Failinger, Marie. "Parallel Justice: Creating Causes of Action for Mandatory Mediation." University of Michigan Journal of Law Reform, no. 47.2 (2014): 359. http://dx.doi.org/10.36646/mjlr.47.2.parallel.

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The American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases that are currently not justiciable, such as wrongs caused by constitutionally protected behavior. As evidence that such a system is practical, this Article describes systemic and ethical parallels between court-connected mediation and the rise of the equity courts in medieval England, demonstrating that there are no insurmountable practical objections to the creation of “mediation-only” causes of action. The Article then explores the constitutional concerns surrounding

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Tierney, Stephen. "ENGLAND – A New Wave of Constitutional Reform for the UK?" European Public Law 15, Issue 3 (2009): 289–94. http://dx.doi.org/10.54648/euro2009023.

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13

Hulsebosch, Daniel J. "The Ancient Constitution and the Expanding Empire: Sir Edward Coke's British Jurisprudence." Law and History Review 21, no. 3 (2003): 439–82. http://dx.doi.org/10.2307/3595117.

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One of the great, unrecognized ironies in Anglo-American constitutional history is that Sir Edward Coke, the seventeenth-century mythologist of the “ancient constitution” and the English jurist most celebrated in early America, did not believe that subjects enjoyed the common law and many related rights of Englishmen while overseas. “The common law,” Coke declared in Parliament in 1628, “meddles with nothing that is done beyond the seas.” The ancient constitution was an English constitution and, though non-English subjects of the English king could enjoy its liberties and privileges while in E

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Baker, John. "The Unwritten Constitution of the United Kingdom." Ecclesiastical Law Journal 15, no. 1 (2012): 4–27. http://dx.doi.org/10.1017/s0956618x12000774.

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There has been much talk of constitutional reform in recent years, but the changes that have actually been taking place have often differed markedly from those that the Government has professed to espouse and have shaken the foundations of the previous system without following any coherent overall plan. Written constitutions are not without shortcomings; the conventions that held the old British constitution in place are in any case difficult to codify or enforce. But a pressing problem with an unwritten constitution is that there is no special mechanism for constitutional change. Recent refor

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Doe, Norman. "The Welsh Church Act 1914: A Century of Constitutional Freedom for the Church in Wales?" Ecclesiastical Law Journal 22, no. 1 (2019): 2–14. http://dx.doi.org/10.1017/s0956618x19001674.

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The approach of the centenary of the disestablishment of the Church of England in Wales offers a good opportunity to reflect on legal aspects of the life of the Church in Wales since 1920. Religious equality had been the principal stimulus for the Welsh Church Act 1914. This statute, together with the release of the Welsh dioceses by the Archbishop of Canterbury to form a separate Anglican province, necessitated the formulation of a constitution for the Church. Innovation was avoided, and continuity protected. ‘Vestiges of establishment’ continued, in burial and marriage, as the result of poli

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Edwards, Denis J. "The Treaty of Union: more hints of constitutionalism." Legal Studies 12, no. 1 (1992): 34–41. http://dx.doi.org/10.1111/j.1748-121x.1992.tb00455.x.

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The Court of Session decision in Pringle, Petitioner again raises the issue of what constitutional effect, if any, is to be attributed to the Treaty of Union between Scotland and England. Specifically, is it competent for the Court of Session to find that an Act or a provision in an Act of the United Kingdom Parliament is invalid because of an inconsistency with an Article of the Treaty of Union as enacted in Scots law by the former Scottish Parliament in the Union With England Act 1707 (c 7)? This is the first case since MacCormick v Lord Advocate in which the Inner House of the Court of Sess

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Orr, D. Alan. "A Prospectus for a “New” Constitutional History of Early Modern England." Albion 36, no. 3 (2004): 430–50. http://dx.doi.org/10.2307/4054367.

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The study of English constitutional history has fallen on hard times. Once an intellectually thriving field, constitutional history now conjures up visions of bad tweed and bow ties coupled with dryly-legalistic discussions of statutes, charters, parliamentary debates, Year Books, and legal reports. Indeed, whether Whig, Neo-Whig, Revisionist, or Post-Revisionist in orientation, constitutional history has traditionally concerned itself with the “activity of government”; it has emphasized the formal structures of government, their historical origins, their changing composition, their evolving r

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18

Orr, D. Alan. "England, Ireland, Magna Carta, and the Common Law: The Case of Connor Lord Maguire, Second Baron of Enniskillen." Journal of British Studies 39, no. 4 (2000): 389–421. http://dx.doi.org/10.1086/386226.

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The treason trial of Connor Lord Maguire, second baron of Enniskillen, in February 1645 brought into focus competing conceptions of the constitutional relationship of England and Ireland. Maguire had been implicated in the plot to seize Dublin Castle on 23 October 1641 during the Irish revolt of that year and was tried in early 1645 before a Middlesex jury. The key issue of the trial was whether Maguire, as a peer of Ireland, having committed treasonable acts in Ireland and elsewhere and being brought “into England against his will, might be lawfully tryed … in the King's Bench at Westminster

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19

Bhana, D. "The future of the doctrine of economic duress in South African contract law: The influence of Roman-Dutch law, English law and the Constitution of the Republic." Acta Juridica 2021 (2021): 107–40. http://dx.doi.org/10.47348/acta/2021/a5.

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In England, the contractual doctrine of economic duress is an important mechanism for curbing abuses of superior bargaining power. In contrast, in South Africa, the courts are yet to articulate a definitive doctrine. In this article, I argue for a twenty-first century South African doctrine of economic duress that is delineated primarily in terms of South Africa’s foundational constitutional value of equality. For this purpose, I consider English contract law and show how it is a concern for ‘equity’ that has been central to its treatment of economic duress. I then highlight the normative limi

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20

Beckerman, John S. "Procedural Innovation and Institutional Change in Medieval English Manorial Courts." Law and History Review 10, no. 2 (1992): 197–252. http://dx.doi.org/10.2307/743761.

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In England during the twelfth, thirteenth, and fourteenth centuries, the royal courts cast a longer and longer shadow over private and local jurisdictions. By a series of steps embracing much innovation, the custom of the king's court gradually became the common law of England, and the royal courts asserted their supremacy over other jurisdictions in many areas. Foremost among these were disputes over freehold land and cases involving felonies. It has been suggested that the royal innovations’ jurisdictional effects on private courts were “neither intended nor foreseen.” Nonetheless, they redu

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21

Maćkowska, Katarzyna. "PRZESTĘPSTWA I KARY W REGULACJACH PRAWNYCH NOWOANGIELSKICH KOLONII W AMERYCE PÓŁNOCNEJ W XVII WIEKU." Zeszyty Prawnicze 11, no. 2 (2016): 279. http://dx.doi.org/10.21697/zp.2011.11.2.14.

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CRIMES AND PUNISHMENTS IN LEGAL REGULATIONS OF NEW ENGLAND COLONIES IN THE 17TH CENTURY Summary The subject of this article pertains to a colonial criminal law of New England colonies in 17th century. There are few studies on this matter, however the dominating aspects relates to a history of constitutional solutions. Comparison between normative aspect and examples of their application undoubtedly confirms some undemocratic background of colonial life. Moreover, contemporary interest in historical sciences seems to be increasing what should be sufficient reason for refreshing the older resear

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22

Korporowicz, Łukasz Jan. "Teaching Comparative Law in Eighteenth-Century England: Thomas Bever as a Comparative Lawyer as Exemplified by his Lectures on Polish Law and the Constitution." Acta Universitatis Lodziensis. Folia Iuridica 99 (June 30, 2022): 123–35. http://dx.doi.org/10.18778/0208-6069.99.09.

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The origins of comparative legal studies usually date back to the late 19th century. These kind of studies, however, were undertaken on a regular basis much earlier. Among the first serious adherents of the idea of comparing different legal systems was Thomas Bever. Bever was a civilian lawyer who successfully combined practice in the ecclesiastical and admiralty courts of England with Oxford’s fellowship and teaching duties. In the 1760s and 1770s, Bever was teaching the Civil law course on behalf of (or independently of) the current holders of the Regius Professorship. His lectures, unique i

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23

Mak, Chantal. "The Constitutional Momentum of European Contract Law On the Interpretation of the DCFR in Light of Fundamental Rights." European Review of Private Law 17, Issue 4 (2009): 513–29. http://dx.doi.org/10.54648/erpl2009035.

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ABSTRACT: This paper presents a constitutional analysis of the Draft Common Frame of Reference (DCFR) that has been prepared by a network of European legal scholars. The central question is to what extent the DCFR reflects fundamental values shared by the Member States. In order to answer this question, this paper analyses the relevant DCFR provisions in the light of fundamental rights, such as those laid down in national Constitutions and international treaties. Comparative remarks are made on the effects of fundamental rights in the national contract laws of various Member States (the Nether

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Brazier, Rodney. "The Constitution of the United Kingdom." Cambridge Law Journal 58, no. 1 (1999): 96–128. http://dx.doi.org/10.1017/s0008197399001063.

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BEFORE the dawn of the millennium new legislative and executive authorities will have been established in Edinburgh, Cardiff and (subject to further political and other progress) in Belfast. This article analyses the nature of these constitutional initiatives, and examines their place in the unitary state which is the United Kingdom. It begins by tracing the history of constitutional union between England, Wales, Scotland, and Ireland. The legal effect of the 1998 devolution statutes is examined, in particular on the legal sovereignty of the United Kingdom Parliament. A triple constitutional a

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von Samsonow, Wladimir. "Executive Powers During the covid-19 Epidemic." European Journal of Comparative Law and Governance 9, no. 1 (2022): 56–78. http://dx.doi.org/10.1163/22134514-bja10028.

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Abstract This article aims to explore the consequences of covid-19 related laws upon democracy, concentrating on the separation of powers and the system of checks and balances. To analyse the effectiveness of measures, a comparison between England-Wales and Germany is made, in order to compare how two countries with similar demographic and economy, but different constitutional and political systems, have dealt with the epidemic. The main question that is being asked and answered is whether a constitutional crisis has taken place. And finally, the analysis how the judiciary has been the most he

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Wormald, Patrick. "Anglo-Saxon Law and Scots Law." Scottish Historical Review 88, no. 2 (2009): 192–206. http://dx.doi.org/10.3366/e0036924109000857.

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Patrick Wormald used legal material buried deep in volume i of the Acts of the Parliaments of Scotland to argue for a comparatively maximalist view of early Scottish royal government. The paper compares this Scottish legal material to two Old English codes to show that there existed in Scotland structures of social organisation similar to that in Anglo-Saxon England and a comparable level of royal control over crime by the early eleventh century. The model of a strong judicial regime in the Anglo-Saxon kingdom, put forward fully by Wormald in volume i of The Making of English Law, suggests tha

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Rose, Jacqueline. "A Godly Law? Bulstrode Whitelocke, Puritanism and the Common Law in Seventeenth-Century England." Studies in Church History 56 (May 15, 2020): 273–87. http://dx.doi.org/10.1017/stc.2019.15.

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Debates surrounding both the church and the law played an important role in the conflicts that marked seventeenth-century England. Calls for reform of the law in the Civil Wars and Interregnum complicated the apparent relationship between puritanism and the common law, as the first fragmented and the second came under attack in the 1640s and 1650s. This article first analyses the common lawyer Bulstrode Whitelocke's historical and constitutional writings that defended the common law against demands for its reform and argued that its legitimacy derived from its origins in, and resemblances to,

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Kwan, Martin. "Is the Hong Kong Courts’ Ability to Refer to Foreign Authorities Unrestrained?" Amicus Curiae 4, no. 1 (2022): 71–91. http://dx.doi.org/10.14296/ac.v4i1.5488.

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Once in a while there is a debate on whether Hong Kong courts should be freely able to refer to foreign authorities, indicating the lack of firm consensus. In light of the need for clarifications, this note affirms the court’s ability to refer to foreign authorities for three main reasons. Constitutionally, this note is the first to raise that Hong Kong courts have a unique ‘constitutional assurance’ of their ability to refer to foreign cases. By comparison, other jurisdictions, like England & Wales and Singapore which do not share the same assurance, have even further restrained their pow

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Macnair, Mike. "Vicinage and the Antecedents of the Jury." Law and History Review 17, no. 3 (1999): 537–90. http://dx.doi.org/10.2307/744381.

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The origins of trial by jury have been the subject of an extensive debate. The traditional approach to the creation of the “palladium of liberty” saw the jurors as lay judges and located their origins in the lay judges of Anglo-Saxon England, continuing through the survival of the “ancient constitution.” An alternative approach, that of Heinrich Brunner, found wide acceptance from the end of the last century and until recently. Brunner detected the origins of the jury in fiscal inquiries imposed by strong monarchs, reversing the constitutional politics of the older view. At present, the wheel

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Starck, Christian. "State duties of protection and fundamental rights." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 3, no. 1 (2017): 20. http://dx.doi.org/10.17159/1727-3781/2000/v3i1a2882.

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Duties of protection are duties of the state to protect certain legal interests of its citizens. They cover the interests of life, health, freedom and property and also protect some other interests and certain constitutionally recognised institutions. State duties of protection must be considered in connection with fundamental rights. The foundations of modern constitutionalism and attendant procedures are essential to develop guidelines for a constructive critique of the jurisprudence of the Constitutional Court. This is done with reference to the recent history of France, Germany and England

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Witte, John. "A NEW MAGNA CARTA FOR THE EARLY MODERN COMMON LAW: AN 800TH ANNIVERSARY ESSAY." Journal of Law and Religion 30, no. 3 (2015): 428–45. http://dx.doi.org/10.1017/jlr.2015.30.

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AbstractThis article examines the influence of the Magna Carta on the development of rights and liberties in the Anglo-American common law tradition, especially in the seventeenth century. Originally issued by King John of England in 1215, the Magna Carta set forth numerous prototypical rights and liberties that helped to shape subsequent legal developments in England, America, and the broader Commonwealth. The Magna Carta served as an inspiration for seventeenth-century English jurists, like Sir Edward Coke, and Puritan pamphleteers, like John Lilburne, who advocated sweeping new rights refor

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Merrill, Thomas W. "The Rhetoric of Rebellion in Hume's Constitutional Thought." Review of Politics 67, no. 2 (2005): 257–82. http://dx.doi.org/10.1017/s0034670500033519.

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In hisHistory of England, David Hume suggests that the doctrine of resistance should be concealed from the populace. But this suggestion in the very public location of theHistoryhas the effect of revealing this doctrine as much as concealing it. How should we understand this perplexing rhetorical strategy? Hume's paradoxical rhetoric is a symptom of the problem that the right of rebellion poses for every political society. On the one hand, the right of rebellion undeniably exists; on the other, no regime can recognize that right fully. The problem of rebellion thus reveals the simultaneous nec

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GAILMARD, SEAN. "Imperial Politics, English Law, and the Strategic Foundations of Constitutional Review in America." American Political Science Review 113, no. 3 (2019): 778–95. http://dx.doi.org/10.1017/s0003055419000212.

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In the colonial period of American history, the British Crown reviewed, and sometimes nullified, acts of colonial assemblies for “repugnancy to the laws of England.” In this way, Crown review established external, legal constraints on American legislatures. I present a formal model to argue that Crown legislative review counteracted political pressure on imperial governors from colonial assemblies, to approve laws contrary to the empire’s interests. Optimal review in the model combines both legal and substantive considerations. This gives governors the strongest incentive to avoid royal repris

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Razaana Denson. "A Comparative Exposition of the Law of Husband and Wife in terms of Islamic Law, South African Law and the Law of England and Wales." Obiter 41, no. 4 (2021): 704–50. http://dx.doi.org/10.17159/obiter.v41i4.10485.

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The primary concern of this article is a comparative analysis of marriage law in three legal systems – namely, Islamic law, South African law and English law. The similarities and differences between these legal systems are highlighted. The comparative analysis demonstrates that although there are similarities in the three legal systems, the differences outweigh the similarities. This begs the question whether Islamic law (Muslim personal law in general and family law in particular) can be recognised and accommodated and implemented in the South African and English legal systems (both constitu

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Key, Newton. "The “Boast of Antiquity”: Pulpit Politics Across the Atlantic Archipelago during the Revolution of 1688." Church History 83, no. 3 (2014): 618–49. http://dx.doi.org/10.1017/s0009640714000584.

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John Locke and many others noted the vibrant political commentary emanating from the pulpit during the Glorious Revolution. Preachers from the full confessional spectrum in England, and especially in Scotland, Ireland, and the colonies, used occasional or state sermons to explain contemporary upheavals from the perspective of God's law, Natural law, and Civil law. Most surprising is the latter, clerical reference to civil history and ancient origins, which preachers used to answer contemporary questions of conquest and allegiance. Clergy revisited the origins and constitutional roots of the Br

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Witte, John. "The Archbishop and Marital Pluralism: An American Perspective." Ecclesiastical Law Journal 10, no. 3 (2008): 344–47. http://dx.doi.org/10.1017/s0956618x08001439.

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The Archbishop of Canterbury, Dr Rowan Williams (head of the worldwide Anglican Communion), set off an international firestorm on 7 February 2008 by suggesting that some accommodation of Muslim family law was ‘unavoidable’ in England. His suggestion, though tentative, prompted more than 250 articles in the world press within a month, the vast majority denouncing it. England will be beset by ‘licensed polygamy’, ‘barbaric procedures’ and ‘brutal violence’ against women and children, his critics argued, all administered by ‘legally ghettoized’ Muslim courts immune from civil appeal or constituti

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Shute, Stephen. "With and Without Constitutional Restraints: A Comparision Between the Criminal Law of England and America." Buffalo Criminal Law Review 1, no. 2 (1998): 329–48. http://dx.doi.org/10.1525/nclr.1998.1.2.329.

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Cranmer, Frank. "Church-State Relations in the United Kingdom: A Westminster View." Ecclesiastical Law Journal 6, no. 29 (2001): 111–21. http://dx.doi.org/10.1017/s0956618x00000570.

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In any discussion of church-state relations in the United Kingdom, it should be remembered that there are four national Churches: the Church of England, the (Reformed) Church of Scotland, the Church in Wales (disestablished in 1920 as a result of the Welsh Church Act 1914) and the Church of Ireland (disestablished by the Irish Church Act 1869). The result is that two Churches are established by law (the Church of England and the Church of Scotland) and enjoy a particular constitutional relationship with the state, while the other Churches and faith-communities (the Roman Catholics, the Free Ch

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Campbell, Bruce A. "Social Federalism: The Constitutional Position of Nonprofit Corporations in Nineteenth-Century America." Law and History Review 8, no. 2 (1990): 149–88. http://dx.doi.org/10.2307/743990.

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The importance of voluntary associations is apparent to all who study the development of American society in the nineteenth century. Observations made by the perceptive nineteenth-century traveler Alexis de Tocqueville have become an obligatory cliché in historical writing on the subject:Americans of all ages, all conditions, and all dispositions constantly form associations. They have not only commercial and manufacturing companies,… but associations of a thousand other kinds, religious, moral, serious, futile, general or restricted, enormous or diminutive. The Americans make associations to

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Madarász, Fanni. "The Historiographical Typology of the English Royalism in the First Half of the Seventeenth Century." Specimina Nova Pars Prima Sectio Medaevalis 10 (April 27, 2022): 231–50. http://dx.doi.org/10.15170/spmnnv.2019.10.12.

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The topic of the present paper provides an insight into the royalist movement of the seventeenth century England, pre-eminently focusing on the Civil War era. Royalist, or constitutional royalist is a term to describe a moderate political group of the 1640s, concentrating around King Charles I, as his advisors. Recent results identified and categorized some of the main political thinkers of this faction. However, this categorization still has its own limits and is in the need of further clarification. The study is meant to highlight the defining elements of the royalist political discourse, in

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Chaile, Roshan. "The Proportionality Principle and the Kable Doctrine: A New Test of Constitutional Invalidity?" Global Journal of Comparative Law 1, no. 2 (2012): 163–93. http://dx.doi.org/10.1163/2211906x-00102002.

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In Kable v Director of Public Prosecutions (NSW) the High Court of Australia declared that the requirements of Chapter III of the Australian Constitution prohibited a State legislature from conferring powers on a State court that were repugnant or incompatible with their status as repositories of federal judicial power. This was a significant constitutional watershed; it had never previously been suggested that the protections contained in Chapter III applied to State courts. Recent applications of Kable, however, have given rise to concerns that the principles to be derived from that case are

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Harris, Tim. "The People, the Law, and the Constitution in Scotland and England: A Comparative Approach to the Glorious Revolution." Journal of British Studies 38, no. 1 (1999): 28–58. http://dx.doi.org/10.1086/386180.

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Despite the growing interest in recent years in taking a British approach to the problems of the first half of the seventeenth century, Restoration historians have been slow to follow the trend. Instead, the historiographical traditions for Charles II's and James II's three kingdoms of England, Scotland, and Ireland have remained largely independent; rather than coming closer together, if anything they seem to be growing further apart. We see this in particular with the historiographies of the Glorious Revolution in Scotland and England, which have become curiously “out of sync.” It used to be

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Attreed, Lorraine. "Arbitration and the Growth of Urban Liberties in Late Medieval England." Journal of British Studies 31, no. 3 (1992): 205–35. http://dx.doi.org/10.1086/386006.

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In December 1448, the city of Exeter agreed with the bishop and dean and chapter of the cathedral church to abide by the arbitration of two local magnates who settled a complex dispute over urban jurisdiction. That the arbitrators decided against the city, which suffered a slight constitutional setback as a result, is only one of several important conclusions to be drawn from a study of the dispute and its resolution. The nature of the argument and the procedures by which both parties sought to resolve it shed light on the character of urban constitutional growth in the later Middle Ages, on l

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Edlin, Douglas. "A Constitutional Right to Judicial Review: Access to Courts and Ouster Clauses in England and the United States." American Journal of Comparative Law 57, no. 1 (2009): 67–102. http://dx.doi.org/10.5131/ajcl.2008.0003.

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Banović, Damir. "About John Austin’s Analytical Jurisprudence: The Empirical-Rationalist Legal Positivism." International and Comparative Law Review 21, no. 1 (2021): 242–61. http://dx.doi.org/10.2478/iclr-2021-0010.

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Summary This article deals with analytical jurisprudence topics presented in John Austin’s work, his predecessors, and its influence on the contemporary theory of law. The article analyses his analytical method, understanding of what the method implies, and its application in understanding law as a social phenomenon. Not only does the article analyse the law phenomenon, but it also presents his views on similar phenomena in law, such as international and constitutional law, the phenomenon of sovereignty and a sovereign, and the principle of general utility as one of the moral principles. His t

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Zitzke, Emile. "Transforming the Law on Psychiatric Lesions." Stellenbosch Law Review 2021, no. 2 (2021): 253–71. http://dx.doi.org/10.47348/slr/2021/i2a4.

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In this article, I trace the development in the law of delict of recognising general damages claims on account of psychiatric lesions with the aim of making suggestions on how to transform it. Using the tragic case of Michael Komape as a springboard for the discussion, I argue that even though the Supreme Court of Appeal has recently brought clarity on the law on psychiatric lesions, more transformative work still needs to be done. More specifically, this article contends that the constitutional right to bodily and psychological integrity might require us to rethink the high evidentiary thresh

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Forbath, William E. "The Long Life of Liberal America: Law and State-Building in the U.S. and England." Law and History Review 24, no. 1 (2006): 179–92. http://dx.doi.org/10.1017/s0738248000002303.

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Reports of the Strange Death of Liberal America are greatly exaggerated. James Henretta's essay of that title offers a shrewd and insightful portrait of Charles Evans Hughes. But the liberalism whose death Henretta reports did not die. And the “statist,” “centralization,” “economic planning,” and broad “social insurance” minded liberalism he reports as prevailing did not prevail. From a certain lofty altitude (and rueful attitude), all “big,” “modern” “welfare states” look the same. That is Henretta's viewpoint. His wonderfully suggestive comparative framework has as one of its premises that A

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Jones, Trevor, and Stuart Lister. "Localism and police governance in England & Wales: Exploring continuity and change." European Journal of Criminology 16, no. 5 (2019): 552–72. http://dx.doi.org/10.1177/1477370819860689.

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This article develops further criminological understandings of ‘localism’ in police governance and contributes to broader theoretical discussions about ‘governance’ in contemporary policing, via a critical analysis of major recent law and policy reforms in England & Wales. Recent legislation has brought important changes to the balance of constitutional-legal powers and the institutional architecture of police governance. However, we argue that for several reasons it is problematic to interpret these developments in straightforward terms of greater ‘localization’. First, in so far as there

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Buchan, Jamie, and Katrina Morrison. "Compromise, partnership, control: Community Justice Authorities in Scotland." Criminology & Criminal Justice 20, no. 2 (2018): 226–43. http://dx.doi.org/10.1177/1748895818814903.

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Community Justice Authorities (CJAs) were heralded on their inception as modernizing Scotland’s community justice system and resolving longstanding tensions between central and local government over community justice control, by encouraging partnership working and providing oversight at a regional level. However, they were largely unsuccessful and were quietly abolished barely a decade later. Using data from two projects, we analyse the policy ‘narrative’ of CJAs in relation to features of a changing political context – particularly the (re-)establishment of Scotland’s national government, its

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Taylor, Greg. "Jury Trial in Austria." New Criminal Law Review 14, no. 2 (2011): 281–325. http://dx.doi.org/10.1525/nclr.2011.14.2.281.

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Austria has had a system of jury trial, with some interruptions, since 1848. Although Austrian jury trial was derived from England via France, little is known about it in the common law world. This article commences with an overview of the history of jury trial in Austria and of the constitutional protection it currently enjoys. Then the major differences between Austrian jury trial and the common law's model of jury trial are analyzed, and the system of appeals is described. It will be seen that much of trial practice and the appeals system is either an attempt to adapt a transplanted institu

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