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1
Roynier, Céline. "Le problème de la liberté dans le constitutionnalisme britannique". Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020090.
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Le relatif échec que fut le Human Rights Act 1998 et les condamnations régulières du Royaume-Uni par la CEDH peuvent être considérés comme les symptômes, parmi d’autres, d’un problème de la liberté dans le constitutionnalisme britannique. Comment expliquer que cet Etat, membre fondateur du Conseil de l’Europe, résiste si fortement à l’application de cette déclaration de droits qu’est la Convention Européenne de Sauvegarde des droits de l’Homme et des libertés fondamentales ? Nous proposons dans ce travail une solution appuyée sur une étude de la culture classique de la common law, c'est-à-dire, essentiellement mais pas seulement, de la grande doctrine parlementaire anglaise du dix-septième siècle. Il nous semble en effet que cette doctrine a fixé la conception anglaise de la liberté et l’a définitivement envisagée comme devant relever de la common law. Nous suggérons que c’est par une redéfinition permanente de la common law que la liberté a été pensée en droit public anglais et que ce travail de redéfinition est encore à l’oeuvre aujourd’hui. Tout d’abord le problème de la liberté – qui s’est aussi posé en France et en Amérique par exemple – a pris une forme particulière en Angleterre : plutôt que de penser la source de légitimité du pouvoir, les juristes anglais ont réfléchi à ce que pouvait être les « marques » d’un droit acceptable pour tous. Cette réflexion a engendré des vagues de politisation du droit mais elle a rendu l’apparition d’un peuple sujet de droit beaucoup plus difficile. La première vague de politisation fait de la common law, le droit de la communauté, c'est-à-dire le droit commun à tous (Partie 1). La seconde vague de politisation de la common law correspond à un approfondissement de la première et fait de la common law un droit de la liberté en articulant le langage de la common law à l’individu par le biais d’une morale constitutionnelle (Partie 2)Many are the signs revealing a certain difficulty with liberty or freedom in british constitutionalism. The relative failure of the Human Rights Act 1998 in terms of efficiency , the never-ending debate about the enactment of a british declaration of rights and the numerous sanctions taken by the ECHR against the UK, can be considered as symptoms of this problem. How, then, is it possible to explain the overwhelming role of the UK in the adoption of the ECHR in the 1950’s and this resistance of the UK towards the European Convention ? Our aim, in this work, is to provide an explanation which would be based on the study of the early modern common law tradition that is mainly (but not exclusively) the parliamentary Doctrine of the Seventeenth Century. We think that this doctrine or discourse established the english conception of liberty and considered this latter as originating in the common law. We suggest that liberty was and is thought as a permanent redefinition of the law itself (the common law) and that this idea gave birth to Public Law exactly at the same time. First of all, the above-mentioned problem of liberty – which appeared in America and France as well – arose in a particular way in England. Rather than focusing on power and its legitimacy, english state lawyers concentrated their work on the marks of a law which could be acceptable for all. This reflexion led to successive waves of politisation of the law itself but did not enable the apparition of a people which would be the source of both law and power. The first wave of politisation established that common law was the law common to all (Part 1). The second wave deepened the first one and enabled the common law to be « the law of liberty » by linking the language of the common law with the individual, through constitutional morality (Part 2)
2
Kelly, Margaret Rose Louise Leckie. "King and Crown an examination of the legal foundation of the British king /". Phd thesis, Australia : Macquarie University, 1999. http://hdl.handle.net/1959.14/71499.
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"27 October 1998"Thesis (PhD)--Macquarie University, School of Law, 1999.
Bibliography: p. 509-550.
Thesis -- Appendices.
'The Crown' has been described as a 'term of art' in constitutional law. This is more than misleading, obscuring the pivotal legal position of the king, which in modern times has been conveniently ignored by lawyers and politicians alike. -- This work examines the legal processes by which a king is made, tracing those processes from the earliest times to the present day. It concludes that the king is made by the selection and recognition by the people, his taking of the Oath of Governance, and his subsequent anointing. (The religious aspects of the making of the king, though of considerable legal significance, are not examined herein, because of space constraints.) -- The Oath of Governance is conventionally called the 'Coronation Oath'-which terminology, while correctly categorising the Oath by reference to the occasion on which it is usually taken, has led by subliminal implication to an erroneous conclusion by many modern commentators that the Oath is merely ceremonial. -- This work highlights the legal implications of the king's Oath of Governance throughout history, particularly in times of political unrest, and concludes that the Oath legally :- conveys power from the people to the person about to become king (the willingness of the people so to confer the power having been evidenced in their collective recognition of that person); - bestows all the prerogatives of the office of king upon that person; - enshrines the manner in which those prerogatives are to be exercised by the king in his people(s)' governance; and that therefore the Oath of Governance is the foundation of the British Constitution. -- All power and prerogative lie with the king, who as a result of his Oath of Governance is sworn to maintain the peace and protection of his people(s), and the king can not, in conscience or law, either do, or allow, anything that is in opposition to the terms of that Oath.
Mode of access: World Wide Web.
xxvii, 818 p
3
Jenks, Edward. "The Constitutional experiments of the commonwealth : a study of the years 1649-1660 /". Union, N.J. : Lawbook Exchange, 2002. http://www.loc.gov/catdir/toc/fy041/00067823.html.
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4
Eiser, David. "Regional economics and constitutional change in the UK". Thesis, University of Stirling, 2016. http://hdl.handle.net/1893/26053.
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The UK, traditionally one of the more fiscally centralised of OECD countries, is currently in the midst of an extensive programme of tax decentralisation. This is most evident in Scotland. Ten years ago the Scottish Government was almost wholly reliant on a block grant from the UK Government to fund its spending, and debate was focussed on how the determination of this grant should be reformed. Today the Scottish Government has far greater fiscal autonomy. Income tax was almost fully devolved to the Scottish Parliament in April 2017, and around half of VAT revenues will be assigned to Scotland by 2020. As a result, the devolved Scottish budget will in future be linked much more closely to Scotland’s economy, and Scottish politicians will be able to deviate from UK policy on the setting of income tax and various smaller taxes. The objective of this PhD is to examine the economic and political motivations for and implications of greater fiscal decentralisation, with a particular focus on the Scottish case. Its key over-arching questions include: • Which fiscal powers are more and less suitable for decentralisation, and what might constraints might a devolved government face in exercising devolved tax powers? • To what extent are the objectives of fiscal decentralisation compatible with the goal of inter-regional equity in public good provision? • To what extent is fiscal decentralisation likely to enhance the incentives faced by politicians in a devolved parliament to pursue particular types of policy? And to what extent does the answer to this question depend upon the way in which supporting fiscal institutions, notably including the design of block grant arrangements, influence this? • What factors determine regional economic performance, and to what extent can devolved governments be held accountable for (or face the budgetary consequences of) those trends? • To what extent might fiscal decentralisation assuage or accentuate demands for Scottish independence? This PhD consists of four academic papers covering aspects of regional economics and constitutional change in the UK, with a particular focus on Scotland. Each of the four papers is preceded by an abstract. An introductory chapter provides theoretical and policy context within which the four papers are situated. A concluding section to the PhD is provided in Chapter 6. The four papers cover the following topics: • Paper 1 (Chapter 2) was published in the immediate aftermath of the Scottish independence referendum of 2014, and considers the issues and constraints involved in devolving further fiscal powers to the Scottish Parliament. • Paper 2 (Chapter 3) considers the scope for replacing the Barnett Formula (used to allocate funding to the Scottish Government) with a form of spending-needs assessment, based on a comparative analysis of formulae used within England and Scotland to allocate health funding to territorial health boards. • Paper 3 (Chapter 4) examines how regional labour markets in the UK responded to the 2008/9 recession and its aftermath, and considers which factors may have influenced regional resilience to the recession. • Paper 4 (Chapter 5) examines the factors that determine differential growth in regional income tax revenues, and considers the extent to which it is reasonable to hold devolved governments wholly to account for differential economic performance. • Chapter 6 concludes.
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Mason, David (David Mark George). "Burke's political philosophy in his writings on constitutional reform". Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66187.
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Frei, Gabriela A. "Great Britain, international law, and the evolution of maritime strategic thought, 1856-1914". Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:306f9554-9b0a-4d0e-938e-9a5b515d7c6e.
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Dean, Camille K. "True Religion: Reflections of British Churches and the New Poor Law in the Periodical Press of 1834". Thesis, University of North Texas, 1993. https://digital.library.unt.edu/ark:/67531/metadc278395/.
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This study examined public perception of the social relevance of Christian churches in the year the New Poor Law was passed. The first two chapters presented historiography concerning the Voluntary crisis which threatened the Anglican establishment, and the relationship of Christian churches to the New Poor Law. Chapters 4, 5, and 6 revealed the recurring image of "true" Christianity in its relation to the church crisis and the New Poor Law in the working men's, political, and religious periodical press. The study demonstrated a particular working class interest in Christianity and the effect of evangelicalism on religious renewal and social concerns. Orthodox Christians, embroiled in religious and political controversy, articulated practical concern for the poor less effectively than secularists.
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St, John-Smith Christopher. "The judiciary and the political use and abuse of the law by the Caroline regime, 1625-1640". Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:cf332e84-3b73-4e0b-86e8-b3ea55e41ced.
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In December 1640 the Long Parliament brought accusations against Lord Keeper Finch and six judges of the three main Westminster courts. These asserted the illegality of decisions and opinions given by these judges. This thesis examines those accusations and argues that the government of Charles I engaged in a defensible process of political management of the law and the judges to legitimate its policies particularly after the suspension of parliament in 1629. This policy emerged as a response to the government's difficulties in enforcing the payment of the Forced Loan caused by its dubious legality. The policy took advantage of important features of the contemporary relationship between the law and the government and it had five features. The most senior and able lawyers were recruited as government law officers and counsel. They amassed and used a substantial and well researched body of legal authority to support royal rights. The chief justices were appointed from amongst the government lawyers and were used as political managers of their courts. New incentives were offered as rewards for the most senior judges. Judicial views on aspects of government policy were sought in advance and the Privy Council was used to by-pass the judges if necessary. These features are examined in relation to government revenue policies including distraint of knighthood fines and the forest laws, and religious policies in relation to the application of the writ of prohibition to the economic condition of the Church and High Commission. The application of this analysis to the Ship Money Case is considered. It is concluded that the judges were manipulated rather than coerced and often successfully avoided the pressure by technical stratagems. Most importantly the government showed that it generally had the law on its side. That had serious political implications but went a long way towards exonerating the judges.
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Moses, Julia Margaret. "Industrial accident compensation policies, state and society in Britain, Germany and Italy, 1870-1925". Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609115.
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Moffatt, Rowena. "An appeal to principle : a theory of appeals and review of migration status decision-making in the United Kingdom". Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:95a2afbc-835e-4de9-84b4-2e65598bfd4b.
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The question asked by this thesis is when and why, as a matter of principle, should there be judicial scrutiny on the merits of administrative decisions on migration status ('migration status decisions') in the United Kingdom? It argues that this is a moral question, engaging concerns of fair treatment. The first two chapters examine the question theoretically. It is argued that access to justice is not a gift of citizenship and that migration status decision-making should be reviewable on the merits to avoid the appearance and/or occurrence of injustice in the light of the effects of migration control on individual migrants and the nature of migration status decision-making as 'very imperfect procedural justice' (save where a decision is not based on the judgment discretion of an administrator). The latter five chapters apply the normative claims to the United Kingdom constitutional context, including the relevant European regimes (European Convention on Fundamental Rights and European Union). First, as background to the argument, a history of recourse from migration status decision-making in the UK from the initial establishment of a review system in 1905 is sketched out. The history demonstrates the absence of a coherent or principled account of migration status appeals. The history is followed by a three-part critique of the current system of recourse in the UK. First rights of appeal in three case studies (deportation, offshore visitors and students) are examined. Secondly, the three standards of review available under judicial review (rationality, anxious scrutiny and proportionality) are critiqued, and thirdly, the contribution of European and international norms is considered. In general terms the thesis concludes that the current UK system of recourse is deficient in certain respects and suggests reform to the current appeals system.
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Blang, Eugenie M. "To urge common sense on the Americans: United States' relations with France, Great Britain, and the Federal Republic of Germany in the context of the Vietnam War, 1961-1968". W&M ScholarWorks, 2000. https://scholarworks.wm.edu/etd/1539623983.
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America's Vietnam War had profound ramifications beyond its immediate effect on Southeast Asia and the United States. This dissertation utilizes the debate over Vietnam between the United States and its major European allies, Britain, France, and West Germany, as an analytical framework to examine inter-allied relations. The "Vietnam problem" strained the traps-Atlantic alliance and revealed the respective self-interest of the four member nations. The British, French, and West Germans had serious misgivings about the American strategy in Vietnam, based on a differing view of the nature of the conflict and a pessimistic assessment of American chances for success in South Vietnam. Equally important, the Europeans feared that Washington might disengage from Europe and that the fighting in Southeast Asia might develop into a major, perhaps even a world war. European security hence might be dangerously undermined by further American escalation in Vietnam. According to the European powers, the Cold War should be primarily fought in Europe. Although London, Paris, and Bonn were deeply apprehensive about the American engagement in Vietnam, they failed to develop a unified policy to affect American decision-making because they were unable to transcend their nationalistic agendas. Presidents Kennedy and Johnson unsuccessfully attempted to win substantial European support for America's role in Vietnam. to the United States, Vietnam was a prime domino that could not be allowed to fall and Washington viewed European concerns as parochial and counter-productive. The essentially unilateral approach of the United States in Vietnam led to tragic failure. as a result of the Vietnam experience, Washington realized that it could not fulfill all its global obligations without the backing of its European allies. The lack of a cohesive policy toward America's engagement in Vietnam revealed inherent shortcomings in the foreign policy-making of the European nation-states, which were still guided by a nationalistic, self-interested approach. Britain, France, West Germany, and the United States painfully recognized that in order to successfully meet global challenges they needed to listen more closely to each other and develop a mutualistic policy that would better serve their shared interests as allies and friends.
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Dyson, Jessica. "Staging legal authority : ideas of law in Caroline drama". Thesis, University of Stirling, 2007. http://hdl.handle.net/1893/366.
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This thesis seeks to place drama of the Caroline commercial theatre in its contemporary political and legal context; particularly, it addresses the ways in which the struggle for supremacy between the royal prerogative, common law and local custom is constructed and negotiated in plays of the period. It argues that as the reign of Charles I progresses, the divine right and absolute power of the monarchy on stage begins to lose its authority, as playwrights, particularly Massinger and Brome, present a decline from divinity into the presentation of an arbitrary man who seeks to impose and increase his authority by enforcing obedience to selfish and wilful actions and demands. This decline from divinity, I argue, allows for the rise of a competing legitimate legal authority in the form of common law. Engaging with the contemporary discourse of custom, reason and law which pervades legal tracts of the period such as Coke’s Institutes and Reports and Davies’ ‘Preface Dedicatory’ to Le Primer Report des Cases & Matters en Ley resolues & adiudges en les Courts del Roy en Ireland, drama by Brome, Jonson, Massinger and Shirley presents arbitrary absolutism as madness, and adherence to customary common law as reason which restores order. In this climate, the drama suggests, royal manipulation of the law for personal ends, of which Charles I was often accused, destabilises law and legal authority. This destabilisation of legal authority is examined in a broader context in plays set in areas outwith London, geographically distant from central authority. The thesis places these plays in the context of Charles I’s attempts to centralise local law enforcement through such publications as the Book of Orders. When maintaining order in the provinces came into conflict with central legislation, the local officials exercised what Keith Wrightson describes as ‘two concepts of order’, turning a blind eye to certain activities when strict enforcement of law would create rather than dissolve local tensions. In both attempting to insist on unity between the centre and the provinces through tighter control of local officials, and dividing the centre from the provinces in the dissolution of Parliament, Charles’s government was, the plays suggest, in danger not only of destabilising and decentralising legal authority but of fragmenting it. This thesis argues that drama provides a medium whereby the politico-legal debates of the period may be presented to, and debated by, a wider audience than the more technical contemporary legal arguments, and, during Charles I’s personal rule, the theatre became a public forum for debate when Parliament was unavailable.
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Schnakenberg, Ulrich. "Democracy-building : britische Einwirkungen auf die Entstehung der Verfassungen Nordwestdeutschlands 1945 - 1952 /". Hannover : Hahn, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/529806703.pdf.
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Lightowler, Claire. "Policy divergence and devolution : the impact of actors and institutions". Thesis, University of Stirling, 2005. http://hdl.handle.net/1893/16785.
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The creation of the National Assembly for Wales and the Scottish Parliament in 1999 was accompanied with an aspiration that these new institutions would allow Scotland and Wales to develop their own policies, better suited to local needs than those designed in Westminster or Whitehall. This thesis explores policy-making in the first terms of the devolved institutions in Scotland and Wales, focusing on where the policies developed by these institutions diverged from those pursued at Westminster. Policy divergence is examined by studying the development of the financing long-term care for the elderly policies. The aim of this thesis is to identify why policy divergence occurred in the long-term care case, considering the impact of actors (or agents) and the institutional setting in which they operate, as suggested by Scharpf's model of actor-centred institutionalism. As actor-centred institutionalism suggested, both actors and institutions played a major role in shaping policy responses. In the Scottish case a range of actors cooperated and lobbied together for the introduction of free personal care, spurred on by the First Minister, who created an opportunity for those in favour of free personal care to pressurise his government to introduce the policy. In contrast, in Wales, actors were divided and never built up the same momentum to ensure the introduction of a more generous long-term care package. The institutional setting in which these actors operated was a major factor in shaping their policy preferences and the strategies they adopted to achieve them. This thesis considers the impact on policy-making of the devolved institution's electoral system, financial and legislative powers, design of the institutions, and the place of these institutions in a UK setting. The different institutional structures in Scotland and Wales provided different incentives and resources for actors, encouraged different styles of policy-making from Westminster and affected the way in which issues were framed. Examining the roles of actors and institutions in the formation of distinctive policies highlighted that in the real world these two elements are mutually dependent and cannot be separated. As a result it is impossible, and pointless, to determine whether actors or institutions were most influential on the development of distinctive policies. Instead this thesis explores how the difference between the configurations of actors and institutions in Scotland and Wales contributed to the creation of policies which were distinctive both from each other and the UK Government.
15
Buchsbaum, Robert Michael III. "The Surprising Role of Legal Traditions in the Rise of Abolitionism in Great Britain’s Development". Wright State University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=wright1416651480.
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Davis, Camille Marie. "Why the Fuse Blew: the Reasons for Colonial America’s Transformation From Proto-nationalists to Revolutionary Patriots: 1772-1775". Thesis, University of North Texas, 2015. https://digital.library.unt.edu/ark:/67531/metadc804870/.
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The most well-known events and occurrences that caused the American Revolution are well-documented. No scholar debates the importance of matters such as the colonists’ frustration with taxation without representation, the Boston Massacre, the Boston Tea Party, and the Coercive Acts. However, very few scholars have paid attention to how the 1772 English court case that freed James Somerset from slavery impacted American Independence. This case occurred during a two-year stall in the conflict between the English government and her colonies that began in 1763. Between 1763 and 1770, there was ongoing conflict between the two parties, but the conflict temporarily subsided in 1770. Two years later, in 1772, the Somerset decision reignited tension and frustration between the mother country and her colonies. This paper does not claim that the Somerset decision was the cause of colonial separation from England. Instead it argues that the Somerset decision played a significant yet rarely discussed role in the colonists’ willingness to begin meeting with one another to discuss their common problem of shared grievance with British governance. It prompted the colonists to begin relating to one another and to the British in a way that they never had previously. This case’s impact on intercolonial relations and relations between the colonies and her mother country are discussed within this work.
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Jones, Benjamin Nicholas Farror. "British politics and the post-war development of human rights". Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:e680adc1-a3e9-4c7a-be6d-0f3b374fb209.
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In this thesis I explore the attitudes, arguments, and actions of British political elites in connection with the development of human rights law in Europe and the UK. I do this by examining British input into five key episodes for the development of European supranational rights and their incorporation into domestic legal orders (namely the drafting of the European Convention on Human Rights 1950, the drafting of the European Social Charter 1961, the acceptance of individual petition in 1966, the failed 1970s Bill of Rights debate, the passing of the Human Rights Act 1998, and recent developments such as the UK ‘opt-out’ to the EU Charter of Fundamental Rights, and the emergence of a new ‘British Bill of Rights’ debate). Casting light on British involvement in less examined periods in European rights development, I challenge existing, isolated, explanations for the more focal episodes (such as Simpson’s rational-choice post-colonial thesis for individual petition acceptance, and ideological accounts for New Labour’s post-1997 constitutional reform). Responding to the most recent literature in the area, central to my analysis is the question of how rights progress relates to inter-party conflict. By considering continuities and discontinuities in elite political discussion of rights I argue that while conflict is a significant underlying feature of every major episode of rights progress during the last sixty years, and is less evident in less progressive periods, other factors have had a greater influence over the form, timing, and extent of rights progress. Most significant amongst these is the constitutional ideological development of the Labour party and the critical connection between Labour’s elevation of the Convention within the UK constitutional space and revisionist shifts in party thinking.
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Lane, Jacqueline Ann. "A watershed decade in British industrial relations, 1965 to 1974? : the Donovan Commission Report, 'In Place of Strife', and the Industrial Relations Act of 1971". Thesis, University of Huddersfield, 2017. http://eprints.hud.ac.uk/id/eprint/34157/.
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The Donovan Report (1965-1968) is often seen as one of the great failures in the overall attempt to deal with the thorny problem of the contentious nature of industrial relations in post-war Britain. This thesis re-examines that report and subsequent governmental responses, using numerous sources, many of which have barely been used by previous authors, in order to establish where it all went wrong. Such an examination is important to inform future governments on some of the problems of trying to legislate on industrial relations matters. This thesis addresses the central question addressed by the Report – the validity of employing legislation to deal with the problems within industrial relations, asking what contribution had legislation made to the ordering of industrial relations in the past, and what lessons future governments could take from that? Why did both the Labour Governments under Harold Wilson and the Conservative Government under Edward Heath choose to go beyond Donovan in their attempts to alter the role of the state in industrial relations Finally, could the Industrial Relations Act 1971, had it survived, have been to the benefit of trade unions in time? This thesis suggests that legislation had an important role to play in the ordering of industrial relations, and that collective bargaining alone, although effective in many areas, was unable to address issues which had wider implications, such as those relating to health and safety or the reconciliation of differences due to the laws’ interference with trade unions’ rights to defend their members and their own collective rights. Both the Labour and Conservative Governments chose to go beyond the measures proposed by Donovan because economic and political necessity demanded a greater measure of control over strike action. However, the inquiry had undoubtedly focused the debate on whether or not legislation could ever be the most appropriate tool for controlling industrial relations, and therefore acted as a catalyst for the reforms that followed. The Industrial Relations Act 1971 failed to bring about the hoped-for industrial peace. Its repeal in 1974, however, did nothing to prevent further rises in strikes after 1974. Piecemeal legislation in the 1980s and 1990s did bring about a greater level of industrial peace, but this suggests that it was not legislation per se that was the wrong strategy for controlling industrial relations, but rather the method and pace of implementation. Other means of maintaining industrial peace were experimented with and could have been successful if the political will had been there and the unions and employers had engaged more fully,but the seeds had been sown for legislative control and it was impossible to hold back the tide of restrictive legislation which followed these early forays into the concept of law as a means of controlling industrial relations. The Donovan Report did indeed represent the thin end of the legal wedge and opened the floodgates to the many enactments designed to control and emasculate the trade union movement which the Conservative governments of the 1980s and early 1990s were able to introduce. The collective failures of the Donovan Report, In Place of Strife and the Industrial Relations Act to bring about industrial peace were, however, only indicative that legislation was not the most appropriate means of achieving this goal at this particular point in time. Alternative attempts to reduce strikes and engage trade unions in closer working relationships with employers and their associations, and with the government, did meet with some success in the 1970s and may be usefully attempted again in the future. This will, however, depend on whether government is able to keep an open mind on the utility, or perhaps futility, of legislative controls such as those attempted in the years between 1965 and 1975.
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Curk, Joshua M. "From Jew to Gentile : Jewish converts and conversion to Christianity in medieval England, 1066-1290". Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:996a375b-43ac-42fc-a9f5-0edfa519d249.
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The subject of this thesis is Jewish conversion to Christianity in medieval England. The majority of the material covered dates between 1066 and c.1290. The overall argument of the thesis contends that converts to Christianity in England remained essentially Jews. Following a discussion of the relevant secondary literature, which examines the existing discussion of converts and conversion, the principal arguments contained in the chapters of the thesis include the assertion that the increasing restrictiveness of the laws and rules regulating the Jewish community in England created a push factor towards conversion, and that converts to Christianity inhabited a legal grey area, neither under the jurisdiction of the Exchequer of the Jews, nor completely outside of it. Numerous questions are asked (and answered) about the variety of convert experience, in order to argue that there was a distinction between leaving Judaism and joining Christianity. Two convert biographies are presented. The first shows how the liminality that was a part of the conversion process affected the post-conversion life of a convert, and the second shows how a convert might successfully integrate into Christian society. The analysis of converts and conversion focusses on answering a number of questions. These relate to, among other things, pre-conversion relationships with royal family members, the reaction to corrody requests for converts, motives for conversion, forced or coerced conversions, the idea that a convert could be neither Christian nor Jew, converts re-joining Judaism, converts who carried the names of royal functionaries, the domus conversorum, convert instruction, and converting minors. The appendix to the thesis contains a complete catalogue of Jewish converts in medieval England. Among other things noted therein are inter-convert relationships, and extant source material. Each convert also has a biography.
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Lemar, Susan. "Control, compulsion and controversy: venereal diseases in Adelaide and Edinburgh 1910-1947". Title page, contents and abstract only, 2001. http://web4.library.adelaide.edu.au/theses/09PH/09phl548.pdf.
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Includes bibliographical references (leaves 280-305). Argues that despite the liberal use of social control theory in the literature on the social history of venereal diseases, rationale discourses do not necessarily lead to government intervention. Comparative analysis reveals that culturally similar locations can experience similar impulses and constraints to the development of social policy under differing constitutional arrangements.
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Hickman, Tom R. "Constitutionalism in the United Kingdom". 2004. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=95107&T=F.
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MURKENS, Jo Eric Khushal. "Contested constitutional concepts : state, constitution, sovereignty in Germany and the United Kingdom, and the European challenge". Doctoral thesis, 2005. http://hdl.handle.net/1814/4721.
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Defence date: 24 September 2005Examining board: Prof. Neil Walker, European University Institute (supervisor) ; Prof. Bruno De Witte, European University Institute ; Prof. Carol Harlow, London School of Economics and Political Science ; Prof. Stefan Oeter, University of Hamburg
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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O'NEILL, Aidan. "The impact of the European Court of Justice on the constitutional order of the United Kingdom". Doctoral thesis, 1992. http://hdl.handle.net/1814/5660.
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Gladstone, Cynthia Ann. "High crimes: the law of treason in late Stuart Britain". Thesis, 2003. http://hdl.handle.net/2152/600.
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Pesklevits, Richard Dale. "Customary law, the Crown and the common law : ancient legal islands in the post-colonial stream". Thesis, 2002. http://hdl.handle.net/2429/12160.
Texto completo da fonteResumo:
This thesis is a cross-disciplinary study of legal history and customary law. Respect for, and
accommodation of local customary law has been a constant and integral feature of law in
Britain since Anglo-Saxon times. It guided the emergence of the common law, and
continues as a rule of law to the present day. Such respect and accommodation was an
essential principle that permitted the peaceful consolidation of the British realms from its
constituent parts. Continuity of law is a legal presumption whether territories have been
added by conquest, cession or annexation. The principle respect for local legal custom was
one of two schools of thought carried to Britain's overseas colonies; the other was a theory
that local customary law could be extinguished by non-recognition on the part of the British
sovereign or his/her delegates. Nevertheless, customary laws and institutions were explicitly
and implicitly recognized in the colonial period. The doctrine has modern application with
respect to the customary law ways of indigenous peoples wherever the common law has
been extended overseas. Rights under customary law are distinguished from Aboriginal
rights, though there is some overlap between the two. Customary law can only be
extinguished by an express statute, or by clearly unavoidable implication. Legal customs are
not invalid merely for being contrary to the common law. Common law defers to valid
customary law as a matter of constitutional common law. But the common law provides
tests by which courts can identify valid legal custom. Where a valid, unextinguished legal
custom is found, courts are bound by the common law to apply it. Where customary law can
be identified, it binds the servants and agents of the Crown, except when it is inconsistent
with Crown sovereignty itself.
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Hill, Christopher P. "Gilbert Foliot and the two swords : law and political theory in twelfth-century England". 2008. http://hdl.handle.net/2152/18351.
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Over the last fifty years or so, historians have largely neglected Gilbert Foliot, the man who was Bishop of London during the 1160s and 1170s, as representative of any larger theoretical position, dismissing his famous polemic letter Multiplicem nobis as the product of envy and thwarted ambition. In this dissertation I argue that Gilbert Foliot was neither out of step with the attitudes of his contemporaries nor driven blindly by anger and envy. Rather, his position was the result of legal training combined with his experience as a cleric in the tumultuous years of twelfth century England. Foliot’s legal training inculcated in him a political theory stressing a bifurcated authority structure in which the clerical and lay “swords” would be drawn to complement one another, but were at the same time necessarily separate and independent. Thus he believed that the Church’s success in its goal of saving souls was reliant on the goodwill and protection of an effective and powerful king. During the Anarchy of King Stephen’s reign, Foliot urged his clerical brethren to unleash the sword of excommunication against barons who committed crimes, and he was frustrated by the lack of coercive power he felt King Stephen ought to have exercised over the rebellious knights who terrorized the countryside. Later, during the reign of Henry II, Foliot feared that the archbishop’s new insistence on clerical superiority would limit the king’s lawful coercive power, while pushing the king to work against the Church rather than with it. Foliot, the jurist, found the archbishop’s argument not only ill-advised, but legally illegitimate and dangerous. Thus Foliot’s diatribe in Multiplicem should be understood not simply as a moment of anger, but as representative of a valid strain of thought in the English clergy, and that the attitude toward the crown on the part of churchmen was more dynamic than historians have recognized.text
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Zondo, Raymond Mnyamezeli Mlungisi. "The replacement of the doctrine of pith and marrow by the catnic test in English Patent Law : a historical evaluation". Diss., 2012. http://hdl.handle.net/10500/5697.
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This dissertation is a historical evaluation of the movement of the English courts from the doctrine of pith and marrow to the Catnic test in the determination of non-textual infringement of patents. It considers how and why the doctrine was replaced with the Catnic test. It concludes that this movement occurred as a result of the adoption by a group of judges of literalism in the construction of patents while another group dissented and maintained the correct application of the doctrine. Although the Court of Appeal and the House of Lords initially approved the literalist approach, they, after realising its untennability, adopted the dissenters’ approach, but, ultimately, adopted the Catnic test in which features of the dissenters’ approach were included. The dissertation concludes that the doctrine of pith and marrow, correctly applied, should have been retained as the Catnic test creates uncertainty and confusion.Mercantile Law
LL.M.
28
Theron, Bridget. "Puppet on an imperial string? :". Thesis, 2002. http://hdl.handle.net/10500/16188.
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Theron, Bridget, e Bridget Mary Theron-Bushell. "Puppet on an imperial string? Owen Lanyon in South Africa, 1875-1881". Thesis, 2002. http://hdl.handle.net/10500/741.
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This thesis is a study of British colonial policy in southern Afiica in the 1 gill centwy. More
specifically it looks at how British imperial policy, in the period 1875 to 1881, played itself out
in two British colonies in southern Africa, Wlder the direction of a British imperial agent,
William Owen Lanyon. It sets Lanyon in the context of the frontiers and attempts to link the
histories of the people who lived there, the Africans, Boers and British settlers on the one han~
and the histories of colonial policy on the other. In doing so it also unravels the relationship
between Lanyon and his superiors in London and those in southern Africa.
In 1875 Owen Lanyon arrived in Griqualand West, where his brief was to help promote a
confederation policy in southern Africa. Because of the discovery of diamonds some years
earlier, Lanyon's administration had to take account of the rising mining industry and the
aggressive new capitalist economy. He also had to deal with Griqua and Tlhaping resistance to
colonialism. Lanyon was transferred to the Transvaal in 1879, where he was confronted by
another community that was dissatisfied with British rule: the Transvaal Boers. Indeed, in
Pretoria he was faced with an extremely difficult situation, which he handled very poorly. Boer
resistance to imperial rule eventually came to a head when war broke out and Lanyon and his
officials were among those besieged in Pretoria. In February 1881 imperial troops suffered defeat
at the hands of Boer commandos at Majuba and Lanyon was recalled to Britain.
In both colonies Lanyon was caught up in the struggle between the imperial power and the local
people and, seen in a larger context, in the conflict for white control over the land and labour of
Africans and that between the old pre-mineral South Africa and the new capitalist order. He
made a crucial contribution to developments in the sub-continent and it is remarkable that his
role in southern Africa has thus far been neglected.History
D.Litt. et Phil. (History)
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Sweetman, Roseanne Lopers, e Jonathan Chaplin. "Perspective vol. 16 no. 5 (Oct 1982)". 2013. http://hdl.handle.net/10756/251289.
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