Sir John Fortescue i narodziny angielskiej teorii konstytucyjnej

In: Przegląd Sejmowy, Band 5(166), S. 133-159

Abstract

Sir John Fortescue, Chancellor of King Henry VI is the first writer to analyse the political system of England by referring to English political practice. Long before Montesquieu, he noticed the relationship between the political system and the social conditions of his country. Explaining the nature of the English constitution and law, he compare it with the political and legal devices of other countries. That is why he contrasts the systems based on Roman law with English common law. In the article, the author argues that the basis of the Fortescue's reflection is the rejection of Roman law, because he defends the English political tradition against the continental concept of sovereignty.