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Leading Works in the History of the Constitution [Hardback]

Edited by (University of Worcester, UK)
  • Formāts: Hardback, 342 pages, height x width: 234x156 mm, 7 Halftones, black and white; 7 Illustrations, black and white
  • Sērija : Analysing Leading Works in Law
  • Izdošanas datums: 15-Aug-2025
  • Izdevniecība: Routledge
  • ISBN-10: 1032658614
  • ISBN-13: 9781032658612
  • Hardback
  • Cena: 191,26 €
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  • Formāts: Hardback, 342 pages, height x width: 234x156 mm, 7 Halftones, black and white; 7 Illustrations, black and white
  • Sērija : Analysing Leading Works in Law
  • Izdošanas datums: 15-Aug-2025
  • Izdevniecība: Routledge
  • ISBN-10: 1032658614
  • ISBN-13: 9781032658612
"This collection brings together academic analysis of leading contemporary accounts of the British Constitution with key constitutional documents and sources, while also offering analysis of the leading histories of the Constitution. The works in question represent examples of the constitutionally most significant legislation, judicial decisions, and commentaries by scholars and key actors. Its scope is the seven hundred years of English, and then British, history from the Magna Carta to Britain as an imperial power grappling with the question of how to govern India. The contributors, presenting a balance of established academics and early career researchers, present an original and succinct account of the significance of each leading work. They draw upon the context in which it was written, contemporary literature and more modern academic analysis of the work and its author(s). Presenting a complement to standard texts on the history of the constitution, the book will be of interest to researchers and academics working in the areas of Constitutional Law and Politics, Public Law and Legal History"-- Provided by publisher.

This collection brings together academic analysis of leading contemporary accounts of the British Constitution with key constitutional documents and sources, while also offering analysis of the leading histories of the Constitution.



This collection brings together academic analysis of leading contemporary accounts of the British Constitution with key constitutional documents and sources, while also offering analysis of the leading histories of the Constitution.

The works in question represent examples of the constitutionally most significant legislation, judicial decisions, and commentaries by scholars and key actors. Its scope is the seven hundred years of English, and then British, history from the Magna Carta to Britain as an imperial power grappling with the question of how to govern India.

The contributors, presenting a balance of established academics and early career researchers, present an original and succinct account of the significance of each leading work. They draw upon the context in which it was written, contemporary literature and more modern academic analysis of the work and its author(s).

Presenting a complement to standard texts on the history of the constitution, the book will be of interest to researchers and academics working in the areas of Constitutional Law and Politics, Public Law and Legal History.

Recenzijas

"A rich, diverse and significant collection of essays on the texts, commentaries, parliamentary acts, court cases even the cartoons that have most powerfully sought to define or intervene in Britains unwritten constitution. The experts brought together in this landmark volume tell a compelling story about the evolution of the British constitution, and its legacy elsewhere."

Professor Alice Hunt, University of Southampton, UK

"This collection revives the old tradition of lawyers doing constitutional history, but without the distortion of the old Whig interpretation. Sir William Blackstone was not a Whig, as the book shows. In an outstanding chapter, Baroness Hale shows why Entick v. Carrington (1765) was as important a curb on executive overreach as her own judgments in Miller I and Miller II. In another, Anne Twomey shows how the long shadow of British constitutional law still lies over the common-law former Dominions. The book should be carefully read by historians and political scientists as well as by lawyers."

Professor Iain McLean FBA FRSE, Senior Research Fellow, Nuffield College, University of Oxford, UK

"This is a wonderfully eclectic miscellany. Every chapter is erudite, insightful and thought-provoking. The collection will be of great interest to anyone with a serious curiosity about British constitutional history."

Professor Brice Dickson, Emeritus Professor of International and Comparative Law, Queens University Belfast, UK

"The essays in the book, brought together under the expert editorship of Dr Chris Monaghan, are a fascinating mixture of studies of works of three kinds. First, there are chapters examining the raw materials and foundational phenomena of the UKs constitution, including Magna Carta, the Petition of Rights, Instrument of Government, Toleration Act, Act of Settlement, union with Scotland, Government of India Act, and the classic judgment in Entick v. Carrington. Secondly, there are essays on major commentaries on the constitution by people who made more or less important contributions to understanding and developing it, such as Sir John Fortescue, Bolingbroke, Blackstone, De Lolme, Wollstonecraft, Burke and Erskine May. Finally, contributors look at other ways of representing or understanding the constitution, including caricatures and comparative perspectives.

The topics and contributors have been well chosen, providing both expertise and an unexpected take on a history too often taken for granted. Every essay offers fresh perspectives, new understandings and a thought-provoking, entertaining read. Each chapter opened my eyes to new ideas and put my previous understanding (or misunderstanding) of the constitution in a new light. For example, the fascinating chapter on Mary Wollstonecraft as a constitutional thinker makes a strong case for regarding her as a significant contributor to the cultural history of the constitution. The text is a tour de force of editorial planning and authorship. Participants have produced a valuable asset for both students and scholars of our historical constitution. It will enrich the thinking and writing of all who use it. I am delighted to recommend the book."

Professor David Feldman KC (Hon), FBA, Emeritus Rouse Ball Professor of English Law, University of Cambridge, UK

Introduction; 1: Magna Carta: the soul of the British constitution; 2:
Sir John Fortescue, De Laudibus Legum Angliae and The Governance of England;
3: Sir Edward Cokes The Second Part of the Institutes of the Laws of
England; 4: The Petition of Right; 5: The Instrument of Government of 1653;
6: The Toleration Act and the Confessional State; 7: The Act of Settlement
1701; 8: 1707 Union Between England and Scotland; 9: Bolingbrokes Remarks on
the History of England and Dissertation upon Parties; 10: Entick v
Carrington; 11: William Blackstones Commentaries on the Laws of England; 12:
Jean-Louis de Lolme, The Constitution of England (1775); 13: Mary
Wollstonecraft on the Constitution; 14: Edmund Burkes Thoughts on the Cause
of the Present Discontents; 15: The depiction of the British constitution in
caricature, 1784-1819; 16: Thomas Erskine May, A Treatise Upon the Law,
Privileges, Proceedings and Usage of Parliament; 17: The Government of India
Act 1858; 18: Comparative Perspectives on the Historical Legacy of the
English Constitution
Chris Monaghan is Principal Lecturer in Law at the University of Worcester.