The dark and ancient palace of Common Law

1996

The American Journal of Legal History, 1974

Edw. I. none being extant of Record in the Time of Hen. 3. but that of 49 Hen. 3. and none in the Time of Edw. I. till the 23 Edw. I. But after that year, they are for the most part extant of Record, viz. In Dorso Claius' Rotulorum, in the Backside of the Close Rolls. Secondly, As to the Rolls of Parliament, viz. The Entry of the several Petitions, Answers and Transactions in Parliament. Those are generally and successively extant of Record in the Tower, from 4 Edw. 3. downward till the End of the Reign of Edw. 4. Excepting only those Parliaments that intervened between the 1st and the 4th, and between the 6th and the 11th, of Edw. 3. But of those Rolls in the Times of Hen. 3. and Edw. I. and Edw. 2. many are lost and few extant; also, of the Time of Henry 3. I have not seen any Parliament Roll; and all that I ever saw of the Time of Edw. I. was one Roll of Parliament in the Receipt of the Exchequer of 18 Edw. I. and those Proceedings and Remembrances which are in the Liber placitor' Parliamenti in the Tower, beginning, as I remember, with the 20th year of Edw. I. and ending with the Parliament of Carlisle, 35 Edw. I and not continued between those years with any constant Series; but including some Remembrances of some Parliaments in the Time of Edw. I. and others in the Time of Edw. 2. In the Time of Edw. 2. besides the Rotulus Ordinationum, of the Lords Ordoners, about 7 Edw. 2. we have little more than the Parliament Rolls of 7 & 8 Edw. 2. and what others are interspersed in the Parliament Book of Edw. I. above mentioned, and, as I remember, some short Remembrances of Things done in Parliament in the 19 Edw. 3. Thirdly, As to the Bundles of Petitions in Parliament. They were for the most part Petitions of private Persons, and are commonly endorsed with Remissions to the several Courts where they were properly determinable. There are many of those Bundles of Petitions, some in the Times of Edw. I. and Edw. 2 and more in the Times of Edw. 3. and the Kings that succeeded him. Fourthly, The Statutes, or Acts of Parliament themselves. These seem, as if in the Time of Edw. I. they were drawn up into the Form of a Law in the first Instance, and so assented to by both Houses, and the King, as may appear by the very Observation of the Contexture and Fabrick of the Statutes of those Times. But from near the Beginning of the Reign of Edw. 3. till very near the End of Hen. 6.

Korean Journal of British Studies / 영국연구, 2008

This article explores the evolution of Anglo-American constitutionalism in the early modern period and examines the political discourse embodied in American Revolutionary ideology. The historical conceptions of Common Law were a crucial idiom for both the 'Anglo' and 'American' forms of a distinctively law-minded constitutionalism, although in fact interpreted differently in America and the metropole. American Revolutionary ideology and the identity of Americans as a free, self-governing people was shaped by the prominence of American political leaders who were lawyers immersed in this Common Law tradition. A principal American Revolutionary mode of argument was grounded in jurisprudential tradition - specifically the Common Law's historical approach embodied in regard for precedent, and the older, pre-Glorious Revolution conception of fundamental law and rights that were the inheritance of all, rather than dependent merely on the will of Crown or Parliament. In this sense, Americans - then and now - demonstrated a remarkable and persistent degree of a distinctively British, specifically English in a juridical sense, traditionalism at the very heart of their political and constitutional identity. Keywords: Common Law, Political Discourse, American Revolutionary Ideology, Anglo-American Constitutionalism, British-ness, Atlantic World

Cambridge University Press, 2023

Featuring contributions from leading scholars of history, law and politics, this path-breaking work traces the development of the United Kingdom's constitution from Anglo-Saxon times and explores its role in the creation, exercise and control of public power. Chapters in Volume One, entitled 'Exploring the Constitution', approach the constitution and its history from various scholarly perspectives, and provide historically sensitive discussions of constitutional actors and institutions, and transformations of the constitution. Essays in Volume Two, entitled 'The Changing Constitution' examine the development of the constitution from the departure of the Romans up to the present day and beyond. This is the first, wide-ranging history of the constitution to be published for decades. By its cross-disciplinary approach, taking account of the latest legal, political and historical scholarship on the constitution, it fills a large gap in the literature of the constitution, and in political thought and British history. Deepens understanding of the constitution as a legal, historical and political phenomenon, by bringing together perspectives of scholars of law, history and politics Combines chronological accounts of the development of the constitution with thematic essays on various aspects of the constitution The first wide-ranging account of United Kingdom's constitutional history to be published for more than fifty years

Parliamentary History, 2011

2015

Revolutionary Moments, 2015

(2008) 3 Journal of Comparative Law 178 and (2008) 12:1 Electronic Journal of Comparative Law

The Unity of Public Law? : Doctrinal, Theoretical and Comparative Perspectives

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