Suchergebnisse

The historical study of American constitutional law has long rested on a conceptual framework that divides the past into linear units of analysis. Constitutional time unfolds according to discrete eras defined by changes in political leadership and governance, whereas constitutional space typically appears divided into bordered jurisdictions and regional sections. Despite the prominence of this conceptual framework, scholars have yet to ask how, why, and to what effect it became the paradigmatic mode of study. In the absence of close study, the framework instead appears as a neutral embodiment of the constitutional order. This essay offers a preliminary sketch of how theories of knowledge production, and particularly Louis Althusser's theory of law as an ideological apparatus, can help to move beyond this facile assumption. By returning to a selection of landmark judicial opinions and legal treatises from the long nineteenth century and analyzing their discursive practices in relation to the dominant modes of production, this exploratory essay suggests a striking possibility: that the paradigm that we have assumed to be a primordial part of the constitutional order only emerged in its current iteration in the late nineteenth-century shift from a plantation mode of production rooted in enslaved labor to an industrial mode of production rooted in wage labor. As these sources indicate, leading jurists in America's age of conquest and enslavement regularly analyzed questions of state power and rights by organizing time according to chains of title rooted in dispossession based on race and space according to the geographic circuits of capital. Effective in naturalizing the strict racialized hierarchy integral to the production and circulation of export commodities, this discourse of tethering institutions to the history of property acquisition and the movement of commodities began to shift with the formal abolition of slavery and rise of intensive industrialization, as a new generation of legal academics created a paradigm of institutional time and space that, by erasing material histories of structural inequality, made it possible to reconstitute an old social order redicated on racial classifications of whiteness.

This book examines the constitutional history of Transylvania, a region of Central Europe that has experienced a compelling series of historical events and been governed by a variety of ancient, medieval, and modern entities, as well as its own peoples, who from time to time have jointly or separately exercised their right to self-governance. The book's main goal is to provide, for the first time in English, a comprehensive source for those interested in the variety of states, constitutional and public legal orders which have succeeded one another during Transylvania's tumultuous history. It serves to underline the region's uniqueness as a space where (for better or worse) several nationalities, multiple religions and varied cultures have had to find a way to get along, under the pressures of external state and constitutional orders. It seeks to show both the positive and the negative solutions found, which advanced or hindered this goal of organised coexistence.

Includes bibliographical references and index. ; [1] Constitutional history of Hawaii / by Henry E. Chambers --[2] City government of Baltimore / by Thaddeus P. Thomas -- [3] Colonial origins of New England senates / by F.L. Riley -- [4] Slavery and servitude in North Carolina / by John S. Bassett -- [5] Representation in Virginia / by J.A.C. Chandler -- [6] The history of taxation in Connecticut (1636-1776) / by F.R. Jones -- [7] Slavery in New Jersy / by H.S. Cooley -- [8] Causes of the Maryland revolution of 1689 / by F.E. Sparks. ; Photocopy ; Mode of access: Internet.

1. The development of English law and government prior to the Norman Conquest -- 2. The Norman Conquest and after, 1066-1189 -- 3. Magna Carta and its genesis 1189-1216 -- 4. The birth of parliament : the reign of Henry III 1216-72 -- 5. The reign of Edward I -- 6. A king dethroned : Edward II 1307-27 -- 7. Edward III 1327-77 -- 8. Sad stories of the death of kings : Richard II -- 9. The fifteenth century -- 10. Government and royal justice in the later Middle Ages -- 11. The early Tudors 1485-1547 -- 12. The children of Henry VII -- 13. The genesis of civil war 1603-42 -- 14. Civil war and Commonwealth 1642-60 -- 15. Restoration and revolution 1660-89 -- 16. The revolution entrenched 1689-1707 -- 17. The early eighteenth century -- 18. The later eighteenth century -- 19. The reform era -- 20. An increasing role for government -- 21. The later nineteenth century -- 22. Queen Victoria and the emergence of constitutional monarchy -- 23. Two constitutional crises : 1906-14 -- 24. Representation of the people since 1900 -- 25. The emergence of modern monarchy : the twentieth century -- 26. Britain and Europe : the European Union -- 27. Devolution -- 28. The European Convention on Human Rights and the Human Rights Act 1998.

--pt. 1. Foundations of American policy.--pt. 2. The formation of state and federal constitutions.--pt. 3. The establishment of the federal government.--pt. 4. The development of national sovereignty.--pt. 5. National sovereignty v. state rights.--pt. 6. The new democracy.--pt. 7. Slavery and the Constitution.--pt. 8. The Constitution and the civil war.--pt. 9. The reconstruction of the Union. ; Mode of access: Internet.

Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution's provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases. Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes