An Historical Introduction to Western Constitutional Law

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Paperback | 22 May 1995

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352 Pages

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The constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Professor van Caenegem''s new book addresses fundamental questions of constitutional organisation: democracy versus autocracy, unitary versus federal organisation, pluralism versus intolerance, by analysing different models of constitutional government through an historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative which begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union. Special attention is devoted to the rise of the rule of law, and of constitutional, parliamentary, and federal forms of government. The epilogue discusses the future of liberal democracy as a universal model.

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"...this well-written work provides a grand perspective and judicious abalysis of issues for its intended audience of undergraduates and law students, those 'who want to place their own constitution, which is part of their curriculum, in an international and historical perspective, but who lack the time and the languages to read the relevant national legal histories." Albert J. Schmidt, Law and History Review

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Non-Fiction Politics & Government Political Structure & Processes Constitution & The Government & The State Law Jurisprudence & General Issues Comparative Law Laws of Specific Jurisdictions Constitutional & Administrative Law Legal Skills & Practice

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Published: 22nd May 1995

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Preface	p. ix
Introduction	p. 1
An 'intelligible field of study'	p. 1
Main themes	p. 10
Tribal kingship: from the fall of Rome to the end of the Merovingians	p. 34
The First Europe: the Carolingian empire	p. 43
The political framework	p. 43
Fundamental characteristics	p. 44
The public law	p. 45
Decline of the First Europe	p. 50
Europe divided: the post-Carolingian era	p. 54
The disintegration of the Frankish empire	p. 54
Feudalism	p. 56
The seigniory	p. 61
The empire	p. 63
The Church	p. 67
The foundation of the modern state	p. 72
General outline	p. 72
The new structures	p. 74
Half-way between feudalism and the modern state	p. 76
The legal limitations of the late medieval monarchy	p. 78
An oppressive or a democratic state?	p. 88
The classic absolutism of the Ancient Regime	p. 91
General characteristics	p. 91
Analysis of the public law in two countries	p. 98
The absolute state no lasting model	p. 108
General considerations	p. 108
The transformation of English kingship	p. 109
Enlightened absolutism	p. 125
The Republic of the United Netherlands	p. 142
The United States of America	p. 150
The French Revolution and the Napoleonic regime	p. 174
The bourgeois nation state	p. 194
General outline	p. 194
Great Britain	p. 196
France after Napoleon	p. 200
Germany from Napoleon to Wilhelm II	p. 217
Belgium and the Netherlands	p. 230
Switzerland	p. 241
The liberal model transformed or rejected	p. 244
The liberal state transformed	p. 244
The liberal state rejected	p. 247
The Bolshevik Revolution and the Constitution of the Soviet Union	p. 249
Germany and the Third Reich	p. 270
Epilogue	p. 292
Select bibliography	p. 296
Index	p. 319
Table of Contents provided by Syndetics. All Rights Reserved.

An Historical Introduction to Western Constitutional Law

At a Glance

Paperback

Industry Reviews

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How to return your order

Defective items

You Can Find This Book In

Other Editions and Formats

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