An Historical Introduction to Western Constitutional LawThe constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Arguments focus on the best form of constitutional organization: democracy versus autocracy, unitary versus federal organization, pluralism versus intolerance, centralism versus regionalism, national sovereignty versus European. Professor van Caenegem's new book addresses these fundamental questions by analysing different models of constitutional government through a historical perspective, assessing why some models were established and others rejected. The book's approach is pragmatic and chronological: constitutionalism is explained not as a paradigm devised by a team of jurists, but as the result of many centuries of trial and error. The narrative begins in the early Middle Ages and concludes with contemporary debates, taking as its focus the main European countries, the United States, and finally the former Soviet Union. |
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Contents
Introduction | 1 |
MAIN THEMES | 10 |
Tribal kingship from the fall of Rome to the end of the Merovingians | 34 |
The First Europe the Carolingian empire | 43 |
FUNDAMENTAL CHARACTERISTICS | 44 |
THE PUBLIC LAW | 45 |
DECLINE OF THE FIRST EUROPE | 50 |
Europe divided the postCarolingian era | 54 |
THE TRANSFORMATION OF ENGLISH KINGSHIP | 109 |
ENLIGHTENED ABSOLUTISM | 125 |
THE REPUBLIC OF THE UNITED NETHERLANDS | 142 |
THE UNITED STATES OF AMERICA | 150 |
THE FRENCH REVOLUTION AND THE NAPOLEONIC REGIME | 174 |
The bourgeois nation state | 194 |
GREAT BRITAIN | 196 |
FRANCE AFTER NAPOLEON | 200 |
FEUDALISM | 56 |
THE SEIGNIORY | 61 |
THE EMPIRE | 63 |
THE CHURCH | 67 |
The foundation of the modern state | 72 |
THE NEW STRUCTURES | 74 |
HALFWAY BETWEEN FEUDALISM AND THE MODERN STATE | 76 |
THE LEGAL LIMITATIONS OF THE LATE MEDIEVAL MONARCHY | 78 |
AN OPPRESSIVE OR A DEMOCRATIC STATE? | 88 |
The classic absolutism of the Ancient Regime | 91 |
ANALYSIS OF THE PUBLIC LAW IN TWO COUNTRIES | 98 |
The absolute state no lasting model | 108 |
GERMANY FROM NAPOLEON TO WILHELM II | 217 |
BELGIUM AND THE NETHERLANDS | 230 |
SWITZERLAND | 241 |
The liberal model transformed or rejected | 244 |
THE LIBERAL STATE REJECTED | 247 |
THE BOLSHEVIK REVOLUTION AND THE CONSTITUTION OF THE SOVIET UNION | 249 |
GERMANY AND THE THIRD REICH | 270 |
Epilogue | 292 |
296 | |
319 | |
Other editions - View all
An Historical Introduction to Western Constitutional Law R. C. van Caenegem No preview available - 1995 |
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