Suchergebnisse

This volume offers an extensive collection of illustrative original materials, many of which are previously unpublished. It contains significant new material on the history of habeas corpus, mandamus, and certiorari, as well as well-known constitutional landmarks from the earliest times to 1750. Writing on the history of public law has tended to focus solely on the texts of statutes and formal records. In contrast, the book concentrates on the forensic arguments and judicial decisions that led to the emergence of legal principles in the field of public law, including criminal law and the regulation of jurisdictions.

Comparative legal history is generally understood to involve the comparison of legal systems in different countries. This is an experiment in a different kind of comparison. The legal world of the first Elizabethans is separated from that of today by nearly half a millennium. But the past is not a wholly different country. The common law is still, in an organic sense, the same common law as it was in Tudor times and Parliament is legally the same Parliament. The concerns of Tudor lawyers turn out to resonate with those of the present and this book concentrates on three of them: access to justice, in terms of both cost and public awareness; the respective roles of common law and legislation; and the means of protecting the rule of law through the courts. Central to the story is the development of judicial review in the time of Elizabeth I.

Inhaltsverzeichnis Inhalt: J.H. Baker, Records, Reports and the Origins of Case-Law in England - J. Hilaire / C. Bloch, Connaissance des décisions de justice et origine de la jurisprudence - G. Dolezalek, Reports of the ""Rota"" (14th-19th centuries) - M. Ascheri, La decisione nelle corti giudiziarie italiane del Tre-Quattrocento e il caso della Mercanzia di Siena - F. Ebel, Aufzeichnung von Ratsurteilen und Schöffensprüchen im Lübecker und Magdeburger Rechtskreis - G. Vallone, Le decisiones di Matteo d'Afflitto - A. Wijffels, Legal Records and Reports in the Great Council of Malin.