Journal articles on the topic 'Constitutional law – great britain – history'
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1
Kodaneva, Svetlana I. "The consequences of Brexit for the constitutional system of the Great Britain." Gosudarstvo i pravo, no. 1 (2023): 114. http://dx.doi.org/10.31857/s102694520024108-9.
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The vote in the 2016 referendum on exit from the EU was held under the slogan “take back con-trol”, which, in particular, meant the return of parliamentary sovereignty, lost as a result of the transfer of some powers to the supranational level and the impossibility for the UK Parliament to influence decisions taken in Brussels. However, in the process of withdrawal, the UK faced a number of constitutional problems that led to one of the most serious constitutional crises in the history of British parliamentarism, caused by the clash of parliamentary and popular sovereignty, on the one hand, and the lack of a written constitution clearly delineating the powers of the three branches of government, on the other hand. This article is devoted to the analysis of the conse-quences of this crisis for the stability of the traditional constitutional system of Great Britain.
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Colley, Linda. "Empires of Writing: Britain, America and Constitutions, 1776–1848." Law and History Review 32, no. 2 (April 3, 2014): 237–66. http://dx.doi.org/10.1017/s0738248013000801.
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Approximately 50 years ago, R. R. Palmer published his two volume masterworkThe Age of the Democratic Revolution. Designed as a “comparative constitutional history of Western civilization,” it charted the struggles after 1776 over ideas of popular sovereignty and civil and religious freedoms, and the spreading conviction that, instead of being confined to “any established, privileged, closed, or self-recruiting groups of men,” government might be rendered simple, accountable and broadly based. Understandably, Palmer placed great emphasis on the contagion of new-style constitutions. Between 1776 and 1780, eleven onetime American colonies drafted state constitutions. These went on to inform the provisions of the United States Constitution adopted in 1787, which in turn influenced the four Revolutionary French constitutions of the 1790s, and helped to inspire new constitutions in Haiti, Poland, the Netherlands, Switzerland, and elsewhere. By 1820, according to one calculation, more than sixty new constitutions had been attempted within Continental Europe alone, and this is probably an underestimate. At least a further eighty constitutions were implemented between 1820 and 1850, many of them in Latin America. The spread of written constitutions proved in time almost unstoppable, and Palmer left his readers in no doubt that this outcome could be traced back to the Revolution of 1789, and still more to the Revolution of 1776. Despite resistance by entrenched elites, and especially from Britain, “the greatest single champion of the European counter-revolution,” a belief was in being by 1800, Palmer argued, that “democracy was a matter of concern to the world as a whole, that it was a thing of the future, [and] that while it was blocked in other countries the United States should be its refuge.”
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Morris, Caroline. "Book Review: The Constitution of Independence." Victoria University of Wellington Law Review 36, no. 3 (October 1, 2005): 669. http://dx.doi.org/10.26686/vuwlr.v36i3.5612.
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This article is a book review of Peter C Oliver The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand (Oxford University Press, Oxford, 2005) (367 + xx pages). The book is a contribution to the area of domestic constitutional law of the Commonwealth. Oliver addresses the question: are the former colonies of Britain ever truly independent, or is that independence illusory? He also asks how such colonies seek to understand and explain their constitutional history. Morris argues that the book had a great deal of potential but has been left unrealised. As a legal historiography, the book does not always satisfactorily explain how people involved in creating that legal history (or in analysing it since) understand it. As an exercise in constitutional theory, the book merely suggests that there is nothing much to choose between theories as a matter of logic. The book also suffers from very dense prose and a number of distracting metaphors for the process of constitutional independence. Morris ultimately concludes that the book fails to provide useful insight into New Zealand's constitutional theory.
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Brazier, Rodney. "The Constitution of the United Kingdom." Cambridge Law Journal 58, no. 1 (March 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 and legal lock exists in the Scotland Act 1998 to ensure that the devolution settlement is the final step away from the pure unitary state which has enfolded Scotland in Great Britain. The nature and likely success of that lock are analysed in some detail. The lawmaking powers of the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly are assessed. The similarities and differences between each of the three devolved governments and the British Government are highlighted, and consequences and possible lessons for future government-making at Westminster are drawn. The article concludes with a peer into the possible constitutional futures for the United Kingdom.
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Tyshchyk, Borys. "PREREQUISITES FOR THE ADOPTION, CONTENT AND EVALUATION OF THE CONSTITUTION ACT OF CANADA, 1982 (TO THE 40TH ANNIVERSARY OF THE ADOPTION OF THE CONSTITUTION)." Visnyk of the Lviv University. Series Law, no. 75 (November 10, 2022): 17–23. http://dx.doi.org/10.30970/vla.2022.75.017.
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The article examines certain problems of the formation history of Canadian constitutionalism through the prism of the analysis of the prerequisites for the adoption and content of the Canadian Constitutional Act of 1982 and determines its place and influence in the world system of knowledge of a political and legal nature. As it is known, the constitution (from the Latin constitutio — establishment, system, order) is the main state document (law) that defines the state system, the order and principles of functioning of the representative, executive and judicial authorities, the electoral system, rights and obligations of a state, society and citizens. Usually, other laws of a particular state are based on the constitution. In addition, every modern written constitution grants specific powers to the organizations and public institutions established on the primary basis of compliance with the limitations of such a constitution. In most, but not all, modern states, the constitution takes precedence over the common law. Constitutions apply to a variety of levels, from sovereign states to the corporations and societies. An international treaty establishing international organizations is also their constitution in the scope that it defines how that organization is formed. For a state, whether sovereign or the subject of a federation, the constitution defines the principles on which the state is based and the order by which and who has the right to make laws. Some constitutions, especially codified ones, also act as restraints on the state power by establishing boundaries that state leaders cannot cross, i.e. fundamental rights. It is noted that today Canada is a constitutional monarchy, the head of state of which is the King or Queen of Great Britain. Canada officially belongs to the so-called «strong federations», in which parts of the federation have significant rights and responsibilities, some of the decisions of the central government shall be carried out by the provinces, but their activities are regulated by a series of agreements and laws, and disputes are often resolved by judicial authorities. All of Canada's provinces have unicameral parliaments and generally follow the same rules as the lower house of Canada's federal parliament. Considerable attention is paid to the fact that the Canadian constitution is the legal basis of the state and consists of both written text and unwritten traditions and agreements. The Constitution also includes the Canadian Charter of Rights and Freedoms, which guarantees basic rights and freedoms to citizens. In Canada, the constitution refers to a compilation of acts, British laws, court decisions, etc. The two main documents are the British North America Act of 1867, which declared Canada a dominion of Great Britain, and the 1982 act, which established that all laws passed in Canada did not require formal confirmation by the British Parliament.
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Danel, Łukasz. "Prawno-konstytucyjne implikacje wystąpienia Wielkiej Brytanii z Unii Europejskiej – perspektywa brytyjska." Politeja 15, no. 54 (February 10, 2019): 163–73. http://dx.doi.org/10.12797/politeja.15.2018.54.11.
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Legal and Constitutional Implications of the United Kigdom’s Withdrawal From the European Union – the British PerspectiveThe article is dedicated to the issue of legal and constitutional implications of Brexit seen from the perspective of United Kingdom of Great Britain and Northern Ireland. The author advances a thesis that the withdrawal from the European Union will be the most complicated legal operation in the history of the British state as for more than 40 years United Kingdom has been a part of European Communities (today’s European Union) which affected greatly the British legal system. In order to prove the thesis the author analyses the political and legal discussion around the European Union (Withdrawal) Bill 2017‑2019 that is supposed to repeal the European Communities Act 1972 and transpose the existing EU Law into UK law. The bill is controversial – especially the provisions known as Henry VIII clauses that create special powers for the government to make secondary legislation.
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Konig, David Thomas. "The Second Amendment: A Missing Transatlantic Context for the Historical Meaning of “the Right of the People to Keep and Bear Arms”." Law and History Review 22, no. 1 (2004): 119–59. http://dx.doi.org/10.2307/4141667.
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The present essay seeks to work at the intersection of law and history, a meeting point where interpretation of the Second Amendment has been more characterized by collision than confluence. Analysis brought to bear on the historical meaning of “the right of the people to keep and bear arms” has coalesced around two competing normative interpretations: either that the amendment guarantees a personal, individual right to bear arms, or that it applies only collectively to the effectiveness of the militia. It is a premise of this essay that both these models are historically unsatisfactory, the products of present-day normative agendas that have polarized the debate into two competing and largely ahistorical models—a type of historians' fallacy that David Hackett Fischer has labeled the “fallacy of false dichotomous questions.” Fischer's description aptly describes the current controversy over the historical meaning of the Second Amendment: in addition to being “grossly anachronistic,” its two opposing positions “are mutually exclusive, and collectively exhaustive, so that the there is no overlap, no opening in the middle, and nothing is omitted at either end.” It is not without challenge on just these grounds, however, as a recent call for a “new more sophisticated paradigm” attests. This essay seeks to provide that new model and to do so by grounding the “right of the people to keep and bear arms” in eighteenth-century concepts of rights, not those of the twenty-first century, and to contextualize the right to bear arms in an eighteenth-century political struggle now largely ignored but well known to constitutional polemicists framing the Constitution and the Bill of Rights: Parliament's rebuilding of an English militia while denying the Scots the right to do so, despite Scotland's history and its claimed constitutional rights according to its coequal status in Great Britain. That struggle nevertheless remains a missing context that prefigured American debates over constituting and guaranteeing local militias in the coequal states of the federal union established by the United States Constitution in 1787 and 1788. Once the time came for seeking a written guarantee of local militia effectiveness in the federal Constitution, the language and substance of this transatlantic legacy had great influence. As experience, they gave political urgency to the drafting and ratification of the Second Amendment; as a theory of rights, they embodied an eighteenth-century individual right exercised collectively.
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Serzhanova, Viktoria, and Adrianna Kimla. "Potencjalny wpływ brexitu na ustrój terytorialny i integralność Zjednoczonego Królestwa Wielkiej Brytanii i Irlandii Północnej." Przegląd Sejmowy 6(161) (2020): 117–43. http://dx.doi.org/10.31268/ps.2020.83.
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Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union is undoubtedly an unprecedented event in the history of the EU. This process encounters many difficulties and reveals an increasing number of problems that contemporary Europe is facing and affects European integration. Even more complications in this area arise as a result of the deadlock in the internal dimension, and in the UK’s relations with the EU. It goes without saying, that this process will result in the need to create a completely new order in the UK’s relations with the EU and will have a huge impact on the global order. The whole process is multidimensional, hence the consequences of leaving the EU by the United Kingdom may have many effects for the UK not only in political and economic sense, but also in the field of its constitutional law and political system, including the area of the state’s territorial arrangement. The purpose of this study is to provide a legal analysis of Brexit’s potential consequences for the territorial system and threats to the territorial integrity of the United Kingdom itself, in particular for the status of its constituent parts and further relations between England and Wales, Scotland, Northern Ireland and Ireland. The risk of the split and disintegration of the United Kingdom as a result of Brexit cannot be overlooked.
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Ermakov, Dmitrii N. "The Soviet-Polish armed conflict of 1918 - 1921 in the context of the process of formation of the Versailles system. An example of the clash of different principles of the political and legal constitution of states in Recent history." Gosudarstvo i pravo, no. 7 (2023): 156. http://dx.doi.org/10.31857/s102694520026813-5.
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In the article, the authors seek to answer the question of how the Versailles system influenced the development of the Soviet-Polish conflict as a factor that constituted the process of state-building in a number of western regions of the former Russian Empire. The authors conclude that the Versailles system not only did not solve the problem of dividing borders in Eastern Europe, but also intensified the confrontation between Poland and the RSFSR. One of the main problems – the problem of Ukraine’s statehood – has not been solved within the framework of the Versailles system, this was largely the result of France’s tough pro-Polish position. The authors show that within the western territories of the former Russian Empire, there was a clash of different doctrines of state-building in the conditions of Modern times, these doctrines reflected the nationalism of Eastern European peoples, the concept of a Marxist proletarian state and the concept of Western democracy exported from the United States and Great Britain.
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Kochetkova, M. V. "O'Connell and the struggle for the emancipation of the catholics." Bulletin of Nizhnevartovsk State University, no. 4 (December 15, 2020): 22–28. http://dx.doi.org/10.36906/2311-4444/20-4/03.
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The aim of the study was to examine the most significant achievement in Irish Nationalism, which was embodied in the trend of moral force, the Emancipation of Catholics and the role of D. O'Connell in this process. After the introduction of the Union between Ireland and Great Britain in 1801, after the suppression of the 1803 uprising among the Irish nationalists, the apologists of the constitutional way of achieving self-government remained only one way, granting Catholics equal political rights. Automatically, Catholics were not prohibited from being elected as deputies or holding public office. But due to the fact that when entering these positions it was required to give the Crown a double oath, secular and religious, Anglican, Catholics could not give such a second oath. Consequently, Emancipation meant the liberation of Catholics from the religious part of the oath to the Crown. All attempts to pass a law on emancipation within the framework of Westminster ended in the defeat of the initiative of the Irish commoners, it became obvious that a different method of achieving the goal was needed. It was developed by the leader of the Nationalists D. O'Connell. The essence of the new system of struggle was to create a massive, regulated movement of the entire Nation for the political rights of Catholics. It included holding rallies, setting up a press of its own, and the introduction of a Catholic Rent designed to fund the movement from donations. Thus, for the first time in European history, a massive, nationwide, controlled movement was created. As a result of these innovations, Westminster passed the Catholic Emancipation Act in 1829. O'Connell's role in this victory was decisive.
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Rausch, Fabian. "«Constitutional Fever»? Constitutional Integration in Post-Revolutionary France, Great Britain and Germany, 1814–c.1835." Journal of Modern European History 15, no. 2 (May 2017): 221–42. http://dx.doi.org/10.17104/1611-8944-2017-2-221.
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«Constitutional Fever»? Constitutional Integration in Post-Revolutionary France, Great Britain and Germany, 1814–c.1835 This article proposes a comparative perspective on the role of constitutions in European political cultures from 1814 to c.1835. Through its analysis of constitutions first as a means to legitimising post-revolutionary monarchies, and secondly as a means to integrating the divided societies in France, Great Britain as well as the German states, this article suggests two major results: 1) Constitutions were a central instrument that was imagined by post-revolutionary European societies in order to open up an «evolutionary» path to political progress and thereby finally «end» or «prevent» further revolutionary changes. 2) The major challenges to constitutional integration were posed by the emergence of competing political groups that often demanded a strengthening of certain parts of the constitutions or their further reform. The problems, which were faced by almost all political actors regarding the acceptance of these new imperatives of party politics and the different constitutional «solutions» that they had developed to meet these challenges, provide explanations for the different constitutional paths that were taken by Great Britain, the German states and France during the early 1830s. In Great Britain, a common constitutionalist language enabled a precarious understanding amongst the competing groups, whereas anti-pluralist constitutional conceptions led to constitutional instability in France and even damaged the very idea of constitutional integration in Germany thus benefitting a «unification first»-approach in the German states.
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Lungu, E. V. "Constitutional Legal Relations Constructs in the Law of Germany, Great Britain and France." Lex Russica 76, no. 2 (March 2, 2023): 113–21. http://dx.doi.org/10.17803/1729-5920.2023.195.2.113-121.
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The science of constitutional law lacks universal theoretical approach to constitutional legal relations; each state independently determines the goals, object and subject of constitutional legal relations. At the same time, the same subjects in different conditions existing in different national legal systems can act as objects and subjects of legal relations. The constitutional legal relations constructs under consideration do not consider a nation as an equal participant in these legal relations. Their role in all of the presented constructs is limited both in terms of the circle of persons and the possibilities to enter into constitutional legal relations as a subject. It can be argued that, despite the difference in approaches to the object and subject composition of legal relations, in Germany, Great Britain and France, such legal relations between public authorities can exist only in a normally developing state (a state that is not under pressure from any crisis or epidemic).The author draws her conclusion based on an analysis of the basic constructs of legal relations, which in Russian legal science are usually referred to as constitutional legal relations. The author’s choice of constructs developed in Germany, Great Britain and France is due to the wide spread in the world of scientific views formed within the framework of the national scientific schools of these states, as well as the influence of the philosophy of law of Germany and France on the formation of constitutional legal relations in Russia.The author pays special attention to the prevalence of Karl Schmitt’s views on the formation of constitutional legal relations in Europe and North America in terms of intolerance of dissent, the assumption of constitutional dictatorship, the strengthening of executive power at the expense of the legislature.
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Prakke, Lucas. "Swamping the Lords, Packing the Court, Sacking the King." European Constitutional Law Review 2, no. 1 (February 2006): 116–46. http://dx.doi.org/10.1017/s1574019606001167.
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Three great constitutional conflicts — Great Britain: Commons v. Lords — Parliament Act 1911 — United States: President v. Supreme Court over New Deal — Court Packing plan Belgium: King v. conscience — Democracy wins in each of these cases.
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Rahmatian, Andreas. "Brexit and Scotland: Centralism, Federalism or Independence?" European Review 26, no. 4 (April 25, 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 viewpoint and through the eyes of a private and commercial lawyer. The completely different understanding of Britain and Europe about the nature of a constitution and the structure of a state becomes more apparent with Britain’s departure from the EU, which may also influence the future national cohesion of the UK itself, particularly the relationship between England and Scotland after Brexit.
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Chumachenko, V. Y., and O. H. Kozynets. "Constitutional and legal status of the british monarch." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 62–65. http://dx.doi.org/10.24144/2788-6018.2022.05.11.
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The article examines the issue of the essence of the constitutional and legal status of the monarch of Great Britain. It is noted that the constitutional experience of Great Britain is unique. This country has almost the oldest constitutional history and practice.
The relevance of the research topic is due to the fact that starting from the 17th century the role of the monarch in state administration was constantly changing by permanently reducing the powers of the royal power As a result of the adoption by the Parliament of the Bill of Rights in 1689 and the Act of Organization in 1701, the departure from absolutism and the final establishment of the constitutional monarchy were legally fixed in England.
The article aims to investigate the main aspects of the constitutional and legal status of the British monarch
It is noted that today the monarch is the head of state and the formal source of sovereign power, and also acts as a symbol of the unity of the nation and the guarantor of state continuity and stability in society. In Great Britain, the vast majority of the powers of the head of state are exercised by other bodies, primarily the government and its head, so we can state that the real powers of the monarch in Great Britain are largely limited.
During the reign of Elizabeth II, who will die in 2022, the monarchy was seen more as a symbolic institution representing the united British people. Later, the Eldest son of the late Queen of Great Britain – 73-year-old Charles – came to power. He became the new monarch and received the title of king.
As a result of the research, the authors come to the conclusion that the Monarch is recognized as the source of sovereign power, a symbol of the unity of the nation, and the head of the Anglican and Presbyterian churches. Due to the fact that the Monarch is a politically neutral figure, he acts as a guarantor of stability in the state and society. At the same time, although the monarch is part of the parliament, in English legal doctrine it is customary to put the head of state in the first place in the system of higher state authorities.
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Lillich, Richard B. "The Constitution and International Human Rights." American Journal of International Law 83, no. 4 (October 1989): 851–62. http://dx.doi.org/10.2307/2203374.
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A decade ago Professor Henkin remarked that “there has been almost no examination at all of the relation between international human rights and the American Constitutional version of human rights.” Since then he has done much to fill this gap in the literature, as has, more recently, a distinguished barrister/scholar from Great Britain. Nevertheless, it may be useful, in this symposium celebrating the bicentennial of the U.S. Constitution, to survey both the contribution it has made to the development of international human rights law and the extent to which the latter has influenced the evolution of U.S. constitutional law.
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Woźnicki, Marek. "Skład parlamentu w Polsce na tle europejskim – przyczynek do dyskusji." Studia Politologiczne, no. 4/2023(70) (December 20, 2023): 234–49. http://dx.doi.org/10.33896/spolit.2023.70.12.
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This article will analyse the Polish constitutional regulations on the numer of parliament in comparison with the relevant provisions of the basic laws of the other 26 EU member states, and Great Britain. In particular, a comparison will be made between the Polish proposals to reduce the number of parliamentarians and the regulations adopted in the Italian Constitutional Law of 2019, together with their justification. The analysis of these issues allows the conclusion, that the number of parliamentarians in Poland is relatively high compared to the so-called large European countries. In the conclusions will be presented the proposals for changes to Polish constitutional provisions regarding the number of members of the Sejm.
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Podolsky, Vadim. "History of the social policy in the United Kingdom." Obshchestvennye nauki i sovremennost, no. 5 (2021): 103. http://dx.doi.org/10.31857/s086904990016102-4.
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In the XVII century Great Britain became the first country in the world with a full-scale system of social support, which was regulated at the state level. The “Old Poor Law” of 1601 and the “New Poor Law” of 1834 are well-studied in both foreign and Russian science, but the solutions that preceded them are less known. The aim of this study is to describe the development of social policy in Great Britain up to 1834, when the system of assistance to people in need was redesigned according to the liberal logic of minimal interference of the state. The article is based on comparative and historic approach and analysis of legal documents. It demonstrates the evolution of institutions and practices of social support in Great Britain. In this country social policy grew from church and private charity and developed at local level under centrally defined rules. Consistent presentation of social policy history in Great Britain is valuable for studies of charity, local self-government and social policy.
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Azimi, Vida. "La fonction judiciaire de la Chambre des lords." Civitas Europa 8, no. 1 (2002): 89–108. http://dx.doi.org/10.3406/civit.2002.976.
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The legal role played by the House of lords, a historical accident, is a much disputed peculiarity of the British constitutional system. Current political events have brought the Law Lords (I) back into the limelight, with the twelve legal peers once again having to play their role as supreme court judges with the delicate responsibility of exercising complex legal prerogatives that are evolving rapidly (II). The constitutional revolution that took place in Great Britain in the 1990s has so far spared the Law Lords, but it raised considerable discussion on the need to reform their role and how best to achieve this (III), with the aim of completing the current reform of the House of lords and ensuring it functions more democratically.
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Faure, David, Steve Yui-Sang Tsang, and David M. MacDougall. "Democracy Shelved: Great Britain, China, and Attempts at Constitutional Reform in Hong Kong, 1945-1952." American Historical Review 95, no. 4 (October 1990): 1170. http://dx.doi.org/10.2307/2163524.
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Kosař, David, and Sarah Ouředníčková. "Responsive Judicial Review “Light” in Central and Eastern Europe – A New Sheriff in Town?" Review of Central and East European Law 48, no. 3-4 (December 21, 2023): 445–72. http://dx.doi.org/10.1163/15730352-bja10091.
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Abstract This article engages with Ros Dixon’s theory of “Responsive Judicial Review” (oup, 2023). It argues that Central and Eastern European jurisdictions with specialized constitutional courts face two major obstacles to engage fully in responsive judicial review – legal formalism and the very fact that constitutional review is centralized into one institution, which discourages pluralistic debates about the constitution and limits the room for dialogue between the constitutional court and other actors. Even the Czech Constitutional Court that meets all three Dixon’s preconditions for courts’ ability to engage in responsive judicial review (judicial independence, political support, and remedial power) and is probably the most Elyan constitutional court in cee faces several obstacles to responsive judging. As a result, its responsiveness has been selective. Nevertheless, although full-fledged responsive judicial review is difficult to achieve in cee countries in the short term, their constitutional courts can, as the Czech Constitutional Court shows, exercise responsive judicial review “light”. We argue that such “light version” of responsive judicial review would still be a great improvement and we provide several proposals how to increase the likelihood that it happens.
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Cornell, Saul. "Moving Beyond the Canon of Traditional Constitutional History: Anti-Federalists, the Bill of Rights, and the Promise of Post-Modern Historiography." Law and History Review 12, no. 1 (1994): 1–28. http://dx.doi.org/10.1017/s0738248000011238.
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Few aspects of post-structuralist literary criticism have garnered as much attention and provoked as much controversy as the move to challenge the idea of a fixed literary canon of great texts. The implications of deconstructing the canon extend well beyond the study of fiction. All fields of scholarship have a canon of established texts, methodologies, and questions. Critiques of the literary canon resemble the challenge to conventional history posed by the new social history and its efforts to write a history from the bottom up that would supplant traditional historical scholarship. A similar revisionist effort is now only just beginning to emerge in constitutional historiography. Proponents of “a new constitutional history” are seeking to challenge the canon of traditional constitutional history. While this revisionist project has not been cast in post-structuralist terms, the perspective provided by recent critical theory can refine the practice of the new constitutional history.
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Eley, Geoff. "Culture, Britain, and Europe." Journal of British Studies 31, no. 4 (October 1992): 390–414. http://dx.doi.org/10.1086/386016.
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We are in the midst of a remarkable moment of historical change, in which the very meaning of “Europe” — as economic region, political entity, cultural construct, object of study—is being called dramatically into question, and with it the meanings of the national cultures that provide its parts. While perceptions have been overwhelmed by the political transformations in the east since the autumn of 1989, profound changes have also been afoot in the west, with the legislation aimed at producing a single European market in 1992. Moreover, these dramatic events — the democratic revolutions against Stalinism in Eastern Europe, the expansion and strengthening of the European Community (EC) — have presupposed a larger context of accumulating change. The breakthrough to reform under Yuri Andropov and Mikhail Gorbachev in the Soviet Union, the Solidarity crisis in Poland, and the stealthful reorientations in Hungary have been matched by longer-run processes of change in Western Europe, resulting from the crisis of social democracy in its postwar Keynesian welfare-statist forms, capitalist restructuring, and the general trend toward transnational Western European economic integration.Taken as a whole, these developments in east and west make the years 1989-92 one of those few times when fundamental political and constitutional changes, in complex articulation with social and economic transformations, are occurring on a genuinely European-wide scale, making this one of the several great constitution-making periods of modern European history.
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Cvetković, Aleksandar. "Constitutional history as an independent discipline?" Arhiv za pravne i drustvene nauke 11, no. 1 (2023): 61–80. http://dx.doi.org/10.5937/adpn2301061c.
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The constitutional history never had the status of an independent discipline on faculties of law in Serbia. On the other hand, there are a few synthesis in Serbian and in English with monographic characteristics regarding the constitutional history of Serbia. Occasionally there are some concerning the entire constitutional history, but most of them are about 19th century. Some of those monographs are analyzed in this paper: the works of Slobodan Jovanović regarding 19th century constitutional history of Serbia 'Constitutional Development and Constitutional Fights in Serbia' by Jaša Prodanović, 'The Development of Parliamentary Government in Serbia' by Alex Dragnich and 'Constitutional history of Serbia' by Dragoljub Popović. In consideration are taken a few Serbian Constitutional law textbooks which traditionally contain general as well as national constitutional history. Those works are taken as examples for analyzing the possibility of constitutional history being an independent discipline. It was done through an indirect approach, by analyzing the monographic works, that is, the synthesis of constitutional history of Serbia in 19th century. This paper doesn't give a review of the content of the abovementioned works but a review of the methodological approach used by its authors. Although the constitutional history was never considered as an independent discipline on faculties of law in Serbia, the assumption is that it has its own subject and specific methodological approach. All the works that have been the subject of analysis show a certain methodological specifics. However, the authors do not explicitly state their methodological approach. For example, Slobodan Jovanović distinctly says that he writes about the constitutional history and states some notions in regards to a potential subject of that discipline which he understands it to be quite broadly. The analysis of Jaša Prodanović and Alex Dragnich are predominantly based on chronological approach, whereas the analysis of Dragoljub Popović are based on chronological and thematic approach. The conclusion is that the constitutional history lays between the use of the historical method and the method of the constitutional law. And, as there can't be an understanding of constitutional legal phenomenon without its overall comprehension which includes not only the analyze of the constitutional norms but also the 'life' of those norms, their practical shaping, neither can constitutional history be limited to merely give a description of the constitutional norms which existed in the past. Constitutional history must leap into the past and understand which conditions lead to certain ideas or were of great significance in shaping the political institutions. Hence, the subject of constitutional history, at first glance, can be seen as unspecified. However the subject is clear, and a successful result requires a perception of the subject of constitutional history from various perspectives.
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Marshall, P. J. "Presidential Address Britain and the World in the Eighteenth Century: II, Britons And Americans." Transactions of the Royal Historical Society 9 (December 1999): 1–16. http://dx.doi.org/10.2307/3679390.
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In my address last year I tried to offer some explanations for the great change of direction in Britain's territorial empire in the second half of the eighteenth century: the failure of empire over much of North America coinciding with the beginnings of great acquisitions in India. I would like now to look more closely at the American débâcle. In trying to account for it, I stressed the yawning gap between British ambitions as they developed from mid-century and any capacity to realise them in the colonies, where, in the absence of a strong imperial presence or adequate machinery to enforce metropolitan wishes, the effective working of the empire depended on the willingness of local populations to co-operate. In the 1760s the majority of the colonial elites refused to co-operate with what they regarded as new departures from the long-established constitutional conventions of the empire. British attempts to resolve the ensuing crisis by armed coercion were to be frustrated in seven years of unsuccessful war.
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Bilder, Mary Sarah. "James Madison, Law Student and Demi-Lawyer." Law and History Review 28, no. 2 (May 2010): 389–449. http://dx.doi.org/10.1017/s0738248010000052.
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We think of James Madison as a political theorist, legislative drafter, and constitutional interpreter. Recent scholarship has fought fiercely over the nature of his political thought. Unlike other important early national leaders—John Adams, Alexander Hamilton, Thomas Jefferson, John Marshall, Edmund Randolph, James Wilson—law has been seen as largely irrelevant to Madison's intellectual biography. Madison, however, studied law and, at least in one extant manuscript, took careful notes. These notes have been missing for over a century, and their loss contributed to the sense that Madison must not have been that interested in law. Now located, these notes reveal Madison's significant grasp of law and his striking curiosity about the problem of language. Madison's interest in interpretation is certainly not news to scholars. These notes, however, help to establish that this interest predated the Constitution and that his interest in constitutional interpretation was an application of a larger interest in language. Moreover, Madison thought about the problem of legal interpretation as a student of law, never from the secure status of lawyer. Over his lifetime, he advocated a variety of institutional approaches to constitutional interpretation, and this comfort with nonjudicial interpreters, along with a peculiar ambivalence about the proper location of constitutional interpretation, may owe a great deal to his self-perception as a law student but never a lawyer.
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Boyer, George R. "The Evolution of Unemployment Relief in Great Britain." Journal of Interdisciplinary History 34, no. 3 (January 2004): 393–433. http://dx.doi.org/10.1162/002219504771997908.
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The history of unemployment relief in Britain from 1834 to 1911 was not a “unilinear progression in collective benevolence,” culminating in unemployment insurance. The combination of poor relief and private charity to assist cyclically unemployed workers from 1834 to 1870 was more generous, and more certain, than the relief provided for the unemployed under the various policies adopted from 1870 to 1911. A major shift in policy occurred in the 1870s, largely in response to the crisis of the Poor Law in the 1860s. Because the new policy—a combination of self-help and charity—proved unable to cope with the high unemployment of cyclical downturns, Parliament in 1911 bowed to political pressure for a national system of relief by adopting the world's first compulsory system of unemployment insurance.
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MacKerron, John A., and Tony Freyer. "Regulating Big Business: Antitrust in Great Britain and America, 1880-1990." American Journal of Legal History 37, no. 3 (July 1993): 369. http://dx.doi.org/10.2307/845666.
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Остапович, Игорь, and Igor Ostapovich. "JUDICIAL AUTHORITIES OF CONSTITUTIONAL CONTROL AS “NEGATIVE LEGISLATOR” IN MODERN PRACTICE IN FOREIGN COUNTRIES." Journal of Foreign Legislation and Comparative Law 1, no. 4 (October 29, 2015): 0. http://dx.doi.org/10.12737/14265.
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In the modern context judicial authorities actively participate in the creation of legal norms acting as a negative legislator (repealing operation of an unconstitutional bill or abrogating a by-law). The article consistently reveals peculiarities of carrying out by judicial authorities of constitutional control over the “negative legislator’s” functions in the frame of Anglo-Saxon, American and European model. This activity is directly linked both with the right to interpret the provisions of the state’s Constitutional law, and the right to make decisions on compliance of legal norms with that law. Difference is possible in relation to the volume of interpretation, consequences of decision-making as part of the subsequent constitutional control, and also different roles of judicial bodies. The article analyzes in detail constitutional and legal sources of such countries as Great Britain, the USA, Germany, Austria, Italy, Spain, Japan, Israel and Switzerland. The article also investigates various points of view of Russian and foreign scientists on this topic. Investigation of peculiarities in the process of building-up and development of the constitutional justice institute in Islamic states is of particular interest. It is noted in the study that it is not only Kelsen model (constitutional courts) that act as a “negative legislator”, but also other traditional models of bodies of constitutional control. The “negative legislator’s” functions performed by a body of constitutional control are inherent to any well-known model of its implementation, they have common features and at the same time certain particularities, conditioned by the structure of a national legal framework.
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Malcolm, Joyce Lee. "Anthony Brundage and Richard A. Cosgrove.The Great Tradition: Constitutional History and National Identity in Britain and the United States, 1870–1960.:The Great Tradition: Constitutional History and National Identity in Britain and the United States, 1870–1960." American Historical Review 113, no. 2 (April 2008): 466–67. http://dx.doi.org/10.1086/ahr.113.2.466.
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Johnson, Nevil. "Taking Stock of Constitutional Reform." Government and Opposition 36, no. 3 (July 2001): 331–54. http://dx.doi.org/10.1111/1477-7053.00069.
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During Its First Two Years Or So In Office The Blair Government gave great prominence to its programme of constitutional reform. But more recently its priorities appeared to shift back to more familiar issues. As the election approached social and economic policies were brought to the top of the political agenda, and for the most part opposition parties too have been content to follow suit. All this ref lects the familiar belief that both politicians and most of the electorate in Britain are more interested in ‘bread-and-butter’ issues and the aspirations fuelling them than in constitutional arguments and abstractions. Nor is this view at all surprising. The British constitution is an elusive and ambiguous matter and its history has been one of continuous, often imperceptible, institutional adaptation rather than one marked by periodic formal amendment and revision. As a result the constitution as a whole has usually been taken for granted. It has been assumed to be sound in essentials, though no doubt capable of improvement here and there in response to serious political or social pressures.
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Ameri, Maryam, and Hadiyeh Sadat Mirtorabi. "The Place of Rule of Law in Iran." International Letters of Social and Humanistic Sciences 31 (June 2014): 83–88. http://dx.doi.org/10.18052/www.scipress.com/ilshs.31.83.
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Harassing the power and its reflection in the history of law is the result of the elders' efforts and sacrifices along with the insights of the rulers and revolutionaries whose names may have never been cited but their great efforts are always being discussedand underpins large scale developments. Specifically, this article has discussed the process of law formation in Iran with an emphasis on Constitutional Revolution (known as constitutionality) and Constitutional movement delimiting and regulating power, controlling autocracy and unconditionality and covering the rule of law and good governance in brief.
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Saunders, Cheryl. "Australian Federalism and the Role of the Governor-General." International Journal of Legal Information 28, no. 2 (2000): 407–23. http://dx.doi.org/10.1017/s0731126500009185.
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Australia is both a federation and a constitutional monarchy. The Commonwealth of Australia Constitution Act 1900, which made the Australian Constitution law, refers to the establishment of the federation “under the Crown of the United Kingdom of Great Britain and Ireland.” In fact, however, since 1973, the appropriate style of the monarch in relation to Australia has been “Queen of Australia.” And ever since federation, the monarch has been represented in Australia by a Governor-General, who progressively has acquired a more significant role, in parallel with the acquisition of Australian independence.
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Rigaldies, Francis, and José Woehrling. "Le juge interne canadien et le droit international." Les réactions de la doctrine à la création du droit par les juges 21, no. 2 (April 12, 2005): 293–329. http://dx.doi.org/10.7202/042386ar.
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Given the almost total lack of constitutional or statutory provisions for the formulation and application of international law, Canadian courts have been invested with the basic responsibility for devising solutions to the problems that have arisen in this field. This paper examines how successful the courts have been as well as the way in which legal literature has reacted to their performance. It is the view of the authors that in dealing with international customary law, Canadian courts have applied solutions adapted from the law of Great Britain in a purely empirical way. While the absence of any theoretical framework has not been a crucial impediment until now, it is difficult to see how future problems can be resolved without any reference to basic principles. With respect to the interpretation and application of treaties, the transposition of principles derived from British practice to a federal context has been the source of notorious constitutional difficulties. Generally speaking, because of the traditional reverence accorded to the will of Parliamant, Canadian courts have been reluctant to recognize any measure of supremacy to international law.
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Toft, Christian. "CONSTITUTIONAL CHOICE, MULTI-LEVEL GOVERNMENT AND SOCIAL SECURITY SYSTEMS IN GREAT BRITAIN, GERMANY, AND DENMARK." Policy & Politics 24, no. 3 (July 1, 1996): 247–61. http://dx.doi.org/10.1332/030557396782148516.
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Konig, David Thomas. "Influence and Emulation in the Constitutional Republic of Letters." Law and History Review 22, no. 1 (2004): 179–82. http://dx.doi.org/10.2307/4141670.
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I am glad that the Review has provided a Forum for advancing discussion of the “rapidly evolving field of Second Amendment scholarship,” as Richard Uviller and William Merkel so aptly describe it. The field is evolving so rapidly, in fact, that I had no chance to consult their excellent book on the subject when writing this article. Having now had the luxury—and great benefit—of reading it in preparing my reply to their comments, I can only cheer them on for the way that book and their remarks in the Forum advance the common goals we seek: to replace an ahistorical quotation-hunting with a meticulous examination of “the collateral expressions of the founders and their contemporaries to find the most likely purposes and assumptions underlying the text” of the Second Amendment.
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Finlay, John. "“Inter arma enim silent leges?”: Impressment and the Scottish Courts in the Later Eighteenth Century." Edinburgh Law Review 26, no. 1 (January 2022): 1–28. http://dx.doi.org/10.3366/elr.2022.0736.
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This article examines legal pleadings in Scottish cases involving naval impressment in the period 1778-1795. The Session Papers provide a rich source of both law and fact, and these cases, as well as reflecting on Admiralty practice across Britain, demonstrate reliance by counsel on English sources – including pre-Union statutes – alongside Scots law. Impressment sparked constitutional debate concerning the relationship between the crown prerogative and the liberty of the subject, while the detail of the cases reveals much of the social context behind the practice of impressing men to serve the crown.
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Whatmore, Richard. "Vattel, Britain and Peace in Europe." Grotiana 31, no. 1 (2010): 85–107. http://dx.doi.org/10.1163/187607510x540231.
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AbstractThis paper underlines Vattel's commitment to maintaining the sovereignty of Europe's small states by enunciating the duties he deemed incumbent upon all political communities. Vattel took seriously the threat to Europe from a renascent France, willing to foster an equally aggressive Catholic imperialism justified by the need for religious unity. Preventing a French version of universal monarchy, Vattel recognised, entailed more than speculating about a Europe imagined as a single republic. Rather, Vattel believed that Britain had to be relied upon to prevent excessive French ambition, and to underwrite the independence of the continent's smaller sovereignties. Against those who saw Britain as another candidate for the domination of Europe, Vattel argued that Britain's commercial interests explained why it was a different kind of state to the great empires of the past. The paper goes on to consider the reception of Vattel's ideas after the Seven Years War. Although further research is required into readings of Vattel, especially in the smaller states of Europe in the later eighteenth century, the paper concludes that by the 1790s Vattel was being used to justify war to defeat the gargantuan imperialist projects of newly republican France, in order to maintain Europe itself, and the smaller states within it.
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Hubený, David. "Spolek československých advokátů v zahraničí během druhé světové války." PRÁVNĚHISTORICKÉ STUDIE 53, no. 1 (July 25, 2023): 47–68. http://dx.doi.org/10.14712/2464689x.2023.5.
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The article deals with the Association of Czechoslovak Advocates Abroad in Exile in Great Britain during the Second World War, its rights and aspects of life in exile. Attention is paid to the tasks arising from cooperation with the Czechoslovak government in exile.
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Seligmann, Matthew S. "Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856–1914." Mariner's Mirror 107, no. 1 (January 2, 2021): 117–18. http://dx.doi.org/10.1080/00253359.2021.1862512.
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Kozynets, O., and N. Kostyuchenko. "Court precedent as a source of constitutional law of foreign countries." Uzhhorod National University Herald. Series: Law 1, no. 75 (March 22, 2023): 99–103. http://dx.doi.org/10.24144/2307-3322.2022.75.1.16.
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In modern conditions, the study of the sources of constitutional law of foreign countries is extremely relevant. The scientific article determined that judicial precedent is the main source of constitutional law of the states of the Anglo-Saxon legal system and an auxiliary source of constitutional law in the Romano-Germanic legal system.
The scientific article also focuses on the fact that on February 23, 2006, a fundamental Law was adopted in Ukraine – the Law of Ukraine «On the Implementation of Decisions and Application of the Practice of the European Court of Human Rights». It was determined that the adoption of the above-mentioned legislative act had at one time not only a theoretical significance for legal science, but primarily a practical significance for the functioning of the courts, since the requirement of this legislative act is the strict implementation of the decisions of the European Court of Human Rights, which in turn recognizes precedential law.
The work also determined that earlier, court precedent in Ukraine was not a universally recognized source of constitutional law. However, over time, court precedent began to take on extremely important importance, and domestic courts increasingly operate with the practice of higher courts when making certain decisions. Therefore, the scientific article substantiates the importance of the study of judicial precedent as a source of constitutional law in foreign countries, since the relationship to this source of constitutional law in common law states and continental law states is fundamentally different.
Also, in the scientific article, special attention is paid to issues related to the practice of applying judicial precedent in each of the modern legal systems. In particular, it is determined what influence the court precedent had on the development of constitutional law, whether courts act as subjects of judicial law-making or not, the main aspects of the court precedent and its relationship with judicial practice are determined.
The scientific article also highlights how judicial precedent is applied in France, Germany, Great Britain, as well as specific features of its application in Ukraine.
As a result, it was determined that judicial precedent is determined by law as a special source of constitutional law of foreign countries, and therefore for Ukraine it should also occupy a particularly important place in the system of sources of constitutional law, although at the same time it is inferior to the normative legal act as a fundamental source of constitutional law - the German legal system, which includes Ukraine.
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Swain, Warren. "‘The Great Britain of the South’: the Law of Contract in Early Colonial New Zealand." American Journal of Legal History 60, no. 1 (October 21, 2019): 30–47. http://dx.doi.org/10.1093/ajlh/njz019.
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Abstract Some nineteenth century writers like the Scottish born poet William Golder, used the term ‘the Great Britain of the south’ as a description of his new home. He was not alone in this characterisation. There were of course other possible perspectives, not least from the Māori point of view, which these British writers inevitably fail to capture. A third reality was more specific to lawyers or at least to those caught up in the legal system. The phrase ‘the Great Britain of the south’ fails to capture the complexity of the way that English law was applied in the early colony. The law administered throughout the British Empire reflected the common law origins of colonial legal systems but did not mean that the law was identical to that in England. Scholars have emphasised the adaptability of English law in various colonial settings. New Zealand contract law of this time did draw on some English precedents. The early lawyers were steeped in the English legal tradition. At the same time, English authorities were used with a light touch. The legal and social framework within which contract law operated was also quite different. This meant, for example, that mercantile juries were important in adapting the law to local conditions. Early New Zealand contract law provides a good example of both the importance of English law in a colonial setting and its adaptability.
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Bekova, R. M. "The Policy of Preserving National Linguistic Identity on the Example of the Welsh." Journal of Law and Administration 19, no. 4 (February 6, 2024): 108–15. http://dx.doi.org/10.24833/2073-8420-2023-4-69-108-115.
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Introduction. The article examines the British policy pursued in the 16th – first half of the 20th centuries in relation to the autochthonous languages of Wales, Scotland and Northern Ireland. The author characterizes the language policy of Great Britain in this period as a policy of linguistic nationalism of the English language and discrimination against the national languages of other peoples. The article also discusses the main legal acts aimed at expanding the use of the Welsh language and consolidating the status of the Welsh language as the national language of Wales.Materials and methods. To achieve this goal, the article used the method of the structural-functional approach, as well as modern principles of scientific knowledge of complex social phenomena and processes, based on a combination of macro- and microsociological research. The materials of the article were the works of scientists on the stated issues.Results of the study. It is concluded that the Welsh language has managed to maintain its independence to a greater extent than other autochthonous languages of the peoples of Great Britain, and in modern conditions there is a tendency to increase the number of people using the Welsh language in everyday life. The main findings of this article were the demonstration of specific discriminatory measures applied by the UK in relation to the Welsh language, including the ban on the use of Welsh as the language of legislation, the language of judicial proceedings and restrictions on teaching in Welsh.Discussion and conclusion. The study identifies the reasons and constitutional and legal factors for the transition from a policy of language discrimination to a policy of dialogue of cultures, as well as the influence of public figures advocating the preservation and expansion of the use of the Welsh language on the language policy of Great Britain. The constitutional significance of the Welsh Language Regulations 2011 is stated, and for the first time in the Russian-language doctrine the content of this law is analyzed.
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Dishon, Nadav. "Temporary Constitutional Amendments as a Means to Undermine the Democratic Order: Insights from the Israeli Experience." Israel Law Review 51, no. 3 (October 24, 2018): 389–425. http://dx.doi.org/10.1017/s002122371800016x.
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This article focuses on the adoption of temporary measures within the generally rigid constitutional sphere. Commentators frequently contemplate the extent to which temporary constitutional measures are adequate and necessary within a constitution that is meant to be perpetuated. Some writers are in favour of temporary constitutionalism, claiming that it allows flexibility and relieves the counter-majoritarian problem. Others emphasise the devastating impact of intense implementation of temporary measures on the status and legitimacy of the constitution.The article contends that as beneficial as temporary constitutionalism may be in some circumstances, its use should be scrutinised with great suspicion, especially when it is employed in weak constitutional regimes. In outlining the history of temporary constitutionalism in the State of Israel, the article illustrates how temporary constitutional amendments can be harnessed to undermine the democratic order. The Israeli use of temporary constitutionalism since 2009 reveals a new under-explored manifestation of ‘abusive constitutionalism’, referred to here as ‘abusive temporary constitutionalism’. With abusive temporary constitutionalism, incumbents can entrench their power against their opponents while avoiding both public accountability and judicial review of their actions. Drawing on the Israeli experience, the article outlines several signifiers (i.e. distinctive markers) which will allow judges in the future to monitor and suppress the development of the abusive employment of temporary constitutional amendments.
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Smyth, Jim. "‘Like amphibious animals’: Irish protestants, ancient Britons, 1691–1707." Historical Journal 36, no. 4 (December 1993): 785–97. http://dx.doi.org/10.1017/s0018246x00014503.
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ABSTRACTIreland in the 1690s was a protestant state with a majority catholic population. These protestants sometimes described themselves as ‘the king's Irish subjects’ or ‘the people of Ireland’, but rarely as ‘the Irish’, a label which they usually reserved for the catholics. In constitutional and political terms their still evolving sense of identity expressed itself in the assertion of Irish parliamentary sovereignty, most notably in William Molyneux's 1698 pamphlet, The case of Ireland's being bound by acts of parliament in England, stated. In practice, however, the Irish parliament did not enjoy legislative independence, and the political elite was powerless in the face of laws promulgated at Westminster, such as the i6gg woollen act, which were detrimental to its interests. One possible solution to the problem of inferior status lay in legislative union with England or Great Britain. Increasingly in the years before 1707 certain Irish protestant politicians elaborated the economic, constitutional and practical advantages to be gained from a union, but they also based their case upon an appeal to the shared religion and ethnicity of the sovereign's loyal subjects in the two kingdoms. In short the protestants insisted that they were English. This unionist episode thus illustrates the profoundly ambivalent character of protestant identity in late seventeenthand early eighteenth-century Ireland.
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Taylor, James. "A social history of company law: Great Britain and the Australian colonies, 1854–1920." Business History 52, no. 5 (August 2010): 857–58. http://dx.doi.org/10.1080/00076791.2010.500167.
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Avtonomov, Alexei. "New Zealand Constitution: a fusion of legislative acts, case law (stare decisis), customs (conventions) and treaties." Sravnitel noe konstitucionnoe obozrenie 29, no. 5 (2020): 26–38. http://dx.doi.org/10.21128/1812-7126-2020-5-26-38.
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The article examines the genesis of the Constitution of New Zealand, the formation of its constituent parts and the main sources of constitutional law; it generally profiles the Constitution. The article shows the mutual influence and interweaving of the components of the unconsolidated Constitution of New Zealand in contemporary conditions. In particular, the constitutional provisions presented in the Treaty of Waitangi are examined, and attention is focused on the contemporary problems of its current interpretation and application, although the historical context of its drafting and conclusion is shown. The article deals with the interpretation of some basic constitutional terms when using different official languages of New Zealand, first of all Maori and English tongues. In this regard, one of the urgent issues, which are being discussed quite widely in New Zealand, is the discrepancies found in the wording of fundamental constitutional provisions in the official texts of the Treaty of Waitangi in these two languages. The article examines a number of court decisions containing constitutionally significant precedents (stare decisis), including those on the application of the Treaty of Waitangi. The article shows how, as a result of the judicial complex interpretation of the Treaty of Waitangi and the legislation, the principles of the said Treaty have been developed. The article provides a general characterization of the laws and other regulatory legal acts that together form part of the unconsolidated Constitution of New Zealand. Special attention is paid to the 1986 Act of Constitution because of the importance of the constitutional issues regulated by this statute. The development of constitutional provisions in the 1986 Act of Constitution in comparison with the previous 1852 Act of Constitution is presented. At the same time, the laws, which are considered in New Zealand as an integral part of the Constitution, are summarized. The place and role of the laws of the United Kingdom of Great Britain and Northern Ireland in the modern Constitution of New Zealand are determined. Along with this, other regulatory legal acts that form part of the Constitution are being investigated, in particular, the Letters Patent and the Cabinet Manual. The article also presents New Zealand customs, which have constitutional significance, including conventional norms, and the peculiarities of their application.
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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 give entertainments, to found seminaries, to build inns, to construct churches, to diffuse books, to send missionaries to the antipodes; in this manner they found hospitals, prisons, and schools. If it is proposed to inculcate some truth or to foster some feeling by the encouragement of a great example, they form a society. Wherever at the head of some new undertaking you see the government in France, or a man of rank in England, in the United States you will be sure to find an association.
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محمد الهاشمي, رحيم كاظم. "التَّنافس البريطانيّ-الروسي في إيران في ظلّ حكومة أمين السّلطان1898 – 1903م." Journal of Education College Wasit University 1, no. 26 (January 12, 2018): 113–52. http://dx.doi.org/10.31185/eduj.vol1.iss26.92.
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Witnesses Iran since along time conflict between Two great powers those it Russia and England specially during (1898-1903) ,Have Long been the Phenomenon of granting Concessions in Iran during Qajar era especially to Russia and Great Britain an Important factor Contributing to draw the Modern history of the Country and decided his fate they deliberately Iran's rulers, Prime Ministers to grant huge privileges to both countries in exchange for huge sums of money in return, have affected those concessions on the whole life in Iran which ended in an attempt regime change in the country through what is known as the constitutional revolution of 1905, and in this paper we will discuss a section of these privileges, which was awaked during the reign of Amin Sultan from 1898-103.
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Tu, Yunxin. "The Question of 2047: Constitutional Fate of “One Country, Two Systems” in Hong Kong." German Law Journal 21, no. 8 (December 2020): 1481–525. http://dx.doi.org/10.1017/glj.2020.93.
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AbstractThe history of Hong Kong is intertwined with British colonialism and China’s Hong Kong policies. This history offers unique and important lessons on the rise and fall of Hong Kong’s constitutional order. In accordance with the 1984 Sino-British Joint Declaration, China declares 12 basic policies regarding Hong Kong and has translated these into the 1990 Hong Kong Basic Law. It is generally held that “One Country, Two Systems” will be the main constitutional architecture of Hong Kong for 50 years, and it will remain basically unchanged even after 2047. However, there are obvious difficulties and enormous differences on the interpretation of Article 5 of the Hong Kong Basic Law concerning the true meaning of “unchanged for 50 years.” Recent years have witnessed the great need for deciphering the time-code of the Basic Law because the question of 2047 draws closer and closer to the central stage for the determination of Hong Kong’s constitutional future. This Article aims to provide legal analysis on Article 5 of Hong Kong Basic Law and the constitutional fate of Hong Kong toward 2047. It distinguishes all sorts of Article 5 interpretations into three broad categories: “Unchanged for 50 years” as international promise, “unchanged for 50 years” as political commitment, and “unchanged for 50 years” as constitutional obligation. Different approaches have been utilized for various constitutional interpretations. But all in all, the constitutional puzzles regarding “unchanged for 50 years” must be addressed within the framework of the temporality of the Basic Law in a fast-paced world. In order to maintain the constitutional stability and endurance, to secure the unamendability of “One Country, Two Systems” in 2047 will be the best blessing for Hong Kong in every possible way.