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James Harrington's brief career as a political and historical theorist spans the last years of the Cromwellian Protectorate and the Restoration of 1660. This volume comprises the first and last of Harrington's writings. Harrington was the first theorist to interpret the English Civil Wars as a revolution, the result of a long-term process of social change which led to the decay of the old political order. The Commonwealth of Oceana (1656) is a fictionalised presentation of English history up to the victory of the New Model Army, explaining the fall of the monarchy and proposing a republic to replace it. A System of Politics, written after the Restoration, is a scheme of history and political philosophy erected on the foundations of his previous works. Professor Pocock's introduction emphasises Harrington's place as a pivotal figure in the history of English political thought. This edition also contains a chronology of events in Harrington's life and a guide to further reading.
This book examines the royal prerogative in terms of its theory, history and application today. The work explores the development of the royal prerogative through the evolution of imperial government, and more recent structural changes in the United Kingdom and elsewhere in the Commonwealth. While examining specific prerogative powers, the development of justiciability of the prerogative, and the exercise of the prerogative, it lays bare the heart of constitutionality in the Westminster system of government. There is said to be a black hole of unaccountable authority at the heart of the constitution and it is this which this book examines. The focus is upon the constitutional development of the United Kingdom and the old dominions of Canada, Australia and New Zealand. This approach is comparative and historical, using specific case studies of such events as the dissolution of Parliament and the appointment and dismissal of Prime Ministers. The book will be of interest to academics and researchers working in the areas of Constitutional Law and Politics.
The thesis of this original and provocative book is that representative government should be understood as a combination of democratic and undemocratic, aristocratic elements. Professor Manin challenges the conventional view that representative democracy is no more than an indirect form of government by the people, in which citizens elect representatives only because they cannot assemble and govern in person. The argument is developed by examining the historical moments when the present institutional arrangements were chosen from among the then available alternatives. Professor Manin reminds us that while today representative institutions and democracy appear as virtually indistinguishable, when representative government was first established in Europe and America, it was designed in opposition to democracy proper. Drawing on the procedures used in earlier republican systems, from classical Athens to Renaissance Florence, in order to highlight the alternatives that were forsaken, Manin brings to the fore the generally overlooked results of representative mechanisms. These include the elitist aspect of elections and the non-binding character of campaign promises.
This is a work vast in scale, soaring in its scholarly ambition, and magnificent . . . in its achievement. The author's command of the primary sources is staggering in breadth and depth, deftly orchestrated and rich with insight. . . . Deploying an avalanche of evidence. . . Rahe shows how alien the modern project, in all its diverse versions, was to the classics as well as the Bible.--Thomas L. Pangle, Political Theory
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.