An Historical Introduction to Western Constitutional LawThe constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Professor van Caenegem's new book addresses fundamental questions of constitutional organisation: democracy versus autocracy, unitary versus federal organisation, pluralism versus intolerance, by analysing different models of constitutional government through an historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative which begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union. Special attention is devoted to the rise of the rule of law, and of constitutional, parliamentary, and federal forms of government. The epilogue discusses the future of liberal democracy as a universal model. |
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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 | |
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An Historical Introduction to Western Constitutional Law R. C. van Caenegem No preview available - 1995 |
Common terms and phrases
abolished American ancient appointed Article authority became Bill of Rights Bolshevik bourgeoisie Carolingian Catholic central century Charlemagne Church citizens common Communist Constitution Council county of Flanders courts crown declared democracy democratic economic elected emperor England English enlightened absolutism Estates Europe European example executive federal feudal fiefs form of government France Frankish freedom French fundamental law German German empire hands Hitler imperial Jean Bodin judges judicial jurists king kingdom kingship land landowners leader legislative liberal liberties London lord Louis the Pious Magna Carta medieval Merovingian Middle Ages ministers modern monarchy Napoleon Nazi Netherlands numerous organization Paris Parlement Parliament parliamentary party political president proclaimed provinces Prussia public law radical Rechtsstaat regime Reich Reichstag rejected religious republic Revolution role royal rule of law rulers separation of powers social socialist sovereign sovereignty Soviet Union stadholders Supreme traditional unitary vassals vote Weimar Republic western