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Across eighteenth-century Europe, political power resided overwhelmingly with absolute monarchs, with notable exceptions including the much-studied British Parliament as well as the frequently overlooked Hungarian Diet, which placed serious constraints on royal power and broadened opportunities for political participation. Estates and Constitution provides a rich account of Hungarian politics during this period, restoring the Diet to its rightful place as one of the era’s major innovations in government. István M. Szijártó traces the religious, economic, and partisan forces that shaped the Diet, putting its historical significance in international perspective.
Spanning both the history of the modern West and his own five-decade journey as a historian, Gerald Stourzh’s sweeping new essay collection covers the same breadth of topics that has characterized his career—from Benjamin Franklin to Gustav Mahler, from Alexis de Tocqueville to Charles Beard, from the notion of constitution in seventeenth-century England to the concept of neutrality in twentieth-century Austria. This storied career brought him in the 1950s from the University of Vienna to the University of Chicago—of which he draws a brilliant picture—and later took him to Berlin and eventually back to Austria. One of the few prominent scholars equally at home with U.S. history and the history of central Europe, Stourzh has informed these geographically diverse experiences and subjects with the overarching themes of his scholarly achievement: the comparative study of liberal constitutionalism and the struggle for equal rights at the core of Western notions of free government. Composed between 1953 and 2005 and including a new autobiographical essay written especially for this volume, From Vienna to Chicago and Back will delight Stourzh fans, attract new admirers, and make an important contribution to transatlantic history.
Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.
According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.
Publisher description
This companion to Elton: The Tudor Constitution, Kenyon: The Stuart Constitution and Williams: The Eighteenth Century Constitution is a collection of documents illustrating constitutional, political, administrative and ecclesiastical history. Professor Hanham lays special emphasis on constitutional theory and the party system, because, during the nineteenth century, men were consciously remoulding the character of their institutions and parliamentary government meant government by party. There are also important sections on the development of the new career civil service and the central departments of government. The 310 documents come from a wide range of published and unpublished sources. They have been arranged under the following headings: The Theory of the Constitution, Cabinet Government, Parliament, Parties and Elections, Central and Local Administration, The Administration of Justice, Church and State, and Ireland. Professor Hanham has provided introductions to each section of documents, relating them to the major political developments and debates of the period.
This book explores the concept of deference as used by historians and political scientists. Often confused and judged to be outdated, it shows how deference remains central to understanding British politics to the present day. This study aims to make sense of how political deference has functioned in different periods and how it has played a crucial role in legitimising British politics. It shows how deference sustained what are essentially English institutions, those which dominated the Union well into the second half of the twentieth century until the post-1997 constitutional transformations under New Labour. While many dismiss political and institutional deference as having died out, this book argues that a number of recent political decisions – including the vote in favour of Brexit in June 2016 – are the result of a deferential way of thinking that has persisted through the democratic changes of the twentieth century. Combining close readings of theoretical texts with analyses of specific legal changes and historical events, the book charts the development of deference from the eighteenth century through to the present day. Rather than offering a comprehensive history of deference, it picks out key moments that show the changing nature of deference, both as a concept and as a political force.
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Through the use of previously untapped primary source material, McGrath (humanities, National University of Ireland) discusses the changes resulting from the Glorious Revolution and the Irish war of 1689-1691. The central theme is the role that the raising of public revenue played in the developme