David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Over the last decade, scholars have been writing about "common law constitutionalism." It is timely to reconsider exactly what is meant in this context by the "common law," and what therefore "common law constitutionalism" may mean. The following inquiry proceeds through a number of steps: what is "law" (a contested concept among jurisprudes), what is the "common law" (again a contested subject) and then what is "common law constitutionalism". It suggests that recent discussion of this concept has overlooked the role of the monarchy in Westminster constitutionalism, and the pivotal role of the monarch's oath of governance in both the common law and also in constitutionalism. In addition to the debt to sources and writers recognized in the footnotes, the author wishes particularly to acknowledge the assistance obtained from the magnificent work of the late Patrick Wormald on Anglo-Saxon laws.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Larry Alexander (ed.) (1998/2001). Constitutionalism: Philosophical Foundations. Cambridge University Press.
Heidi M. Hurd (2009). Book Reviews Edlin, Douglas E. Judges and Unjust Laws: Common Law Constitutionalism and the Foundations of Judicial Review . Ann Arbor: University of Michigan Press, 2009. Pp. 321. $65.00 (Cloth). [REVIEW] Ethics 120 (1):165-170.
Neil Walker (2003). Post-National Constitutionalism and the Problem of Translation. Institute for International Law and Justice, New York University School of Law.
Audrey Guinchard, Legal Certainty and Predictability at Common Law (Securite Juridique En Common Law).
Roger Cotterrell (2000). Common Law Approaches to the Relationship Between Law and Morality. Ethical Theory and Moral Practice 3 (1):9-26.
Preston King (1999). Constitutionalism and the Despatch‐Box Principle. Critical Review of International Social and Political Philosophy 2 (2):29-58.
Gerald J. Postema (1986). Bentham and the Common Law Tradition. Oxford University Press.
Reviewed by Heidi M. Hurd (2009). Douglas E. Edlin, Judges and Unjust Laws: Common Law Constitutionalism and the Foundations of Judicial Review. Ethics 120 (1).
Peter de Marneffe (2004). Popular Sovereignty, Original Meaning, and Common Law Constitutionalism. Law and Philosophy 23 (3):223-260.
P. Marneffe (2004). Popular Sovereignty, Original Meaning, and Common Law Constitutionalism. Law and Philosophy 23 (3):223-260.
Added to index2009-01-28
Total downloads7 ( #186,257 of 1,101,652 )
Recent downloads (6 months)1 ( #292,019 of 1,101,652 )
How can I increase my downloads?