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Sir Edward Coke remains one of the most important figures in the history of the common law. The essays collected in this volume provide a broad context for understanding and appreciating the scope of Coke's achievement: his theory of law, his work as a lawyer and a judge, his role in pioneering judicial review, his leadership of the Commons, and his place in the broader culture of Elizabethan and Jacobean England. Sir Edward Coke claimed for judges the power to strike down statutes, created the modern common law by reshaping medieval precedents, and, in the House of Commons, led the gathering forces that would ultimately establish a constitutional regime of ordered liberty and responsible, representative government. Although much has been written on Coke, there has been no single adequate study or collection of these writings until now. Law, Liberty, and Parliament brings together material that not only is useful for understanding Coke's career and achievement but also illuminates the late Elizabethan and early Stuart periods in which the common law became inextricably identified with constitutional authority. Allen D. Boyer, author of Sir Edward Coke and the Elizabethan Age, is a lawyer in New York City and a frequent contributor to the New York Times Book Review. Dr. Boyer serves on the advisory board of the Yale Center for Parliamentary History.
A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
The Founding of the American Republic is on trial. Critics say it was a poison pill with a time-release formula; we are its victims. Its principles are responsible for the country's moral and social disintegration because they were based on the Enlightenment falsehood of radical individual autonomy. In this well-researched book, Robert Reilly declares: not guilty. To prove his case, he traces the lineage of the ideas that made the United States, and its ordered liberty, possible. These concepts were extraordinary when they first burst upon the ancient world: the Judaic oneness of God, who creates ex nihilo and imprints his image on man; the Greek rational order of the world based upon the Reason behind it; and the Christian arrival of that Reason (Logos) incarnate in Christ. These may seem a long way from the American Founding, but Reilly argues that they are, in fact, its bedrock. Combined, they mandated the exercise of both freedom and reason. These concepts were further developed by thinkers in the Middle Ages, who formulated the basic principles of constitutional rule. Why were they later rejected by those claiming the right to absolute rule, then reclaimed by the American Founders, only to be rejected again today? Reilly reveals the underlying drama: the conflict of might makes right versus right makes might. America's decline, he claims, is not to be discovered in the Founding principles, but in their disavowal.
The British constitution is regarded as unique among the constitutions of the world. What are the main characteristics of Britain's peculiar constitutional arrangements? How has the British constitution altered in response to the changing nature of its state - from England, to Britain, to the United Kingdom? What impact has the UK's developing relations with the European Union caused? These are some of the questions that Martin Loughlin addresses in this Very Short Introduction. As a constitution, it is one that has grown organically in response to changes in the economic, political, and social environment, and which is not contained in a single authoritative text. By considering the nature and authority of the current British constitution, and placing it in the context of others, Loughlin considers how the traditional idea of a constitution came to be retained, what problems have been generated as a result of adapting a traditional approach in a modern political world, looking at what the future prospects for the British constitution are. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
This two-volume set brings together a collection of writings and speeches by James Wilson, one of only six signers of both the Declaration of Independence and the United States Constitution. His works had a significant impact on the deliberations that produced the cornerstone documents of American democracy.