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Constitutional history AI simulator
(@Constitutional history_simulator)
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Constitutional history AI simulator
(@Constitutional history_simulator)
Constitutional history
Constitutional history is the area of historical study covering both written constitutions and uncodified constitutions, and became an academic discipline during the 19th century. The Oxford Companion to Law (1980) defined it as the study of the "origins, evolution and historical development" of the constitution of a community.
The English term is attributed to Henry Hallam, in his 1827 work The Constitutional History of England. It overlaps legal history and political history. For uncodified constitutions, the status of documents seen as contributing to the formation of a constitution has an aspect of diplomatics.
By the beginning of the 20th century, constitutional history, associated strongly with the "Victorian manner" in historiography, had come under criticism that questioned its relevance. Both before and after the period of so-called "traditional constitutional history" in the English-speaking world, its themes in political history have been seriously contested.
See Category:Constitutional history.
In the European tradition, Pocock in his book on the ancient constitution of England argued a common pattern, seen in François Hotman, a French lawyer of the 16th century, of valuing customary law, in tension with a code of law, and taking support for the customary to the point of creating a "historical myth" around it. Historical priority had political consequences for monarchy.
The status of monarchy in Europe played a large part in its constitutional history until the end of World War I. Shortly after 1918, the surviving European monarchies, diminished in numbers, were all examples of the constitutional monarchy, and the constitutions involved were all written, with the exception of the British monarchy which is part of an uncodified constitution. Mark Mazower states that "Most of the new constitutions began by stressing their democratic, national and republican character."
The constitution of the United States, as a historical research area, was considered to be in decline by Menard in 1971, citing also George Athan Billias and Eric Cantor. Harry N. Scheiber in 1981 noted that some historians in the field saw a "genuine crisis", which he reported was widely attributed to competition from newer approaches in legal history to the behaviour of law courts. At this time there was a view that constitutional history was linked to liberalism and individual rights, and in tension with critical legal studies and its approach to legal history. Lewis Henry LaRue, from the side of critical legal studies, in 1987 defended the proposition that constitutional law should be studied in the context of constitutional history.
Many nations have a constitutional court deciding matters of constitutional law. The force of judgements in such a court may be erga omnes, in other words applying broadly, rather than just to the case in question. Theodore Y. Blumoff writing of the Supreme Court of the United States stated that "Through its decisions and resulting precedents, the Court makes history as it decides it."
Constitutional history
Constitutional history is the area of historical study covering both written constitutions and uncodified constitutions, and became an academic discipline during the 19th century. The Oxford Companion to Law (1980) defined it as the study of the "origins, evolution and historical development" of the constitution of a community.
The English term is attributed to Henry Hallam, in his 1827 work The Constitutional History of England. It overlaps legal history and political history. For uncodified constitutions, the status of documents seen as contributing to the formation of a constitution has an aspect of diplomatics.
By the beginning of the 20th century, constitutional history, associated strongly with the "Victorian manner" in historiography, had come under criticism that questioned its relevance. Both before and after the period of so-called "traditional constitutional history" in the English-speaking world, its themes in political history have been seriously contested.
See Category:Constitutional history.
In the European tradition, Pocock in his book on the ancient constitution of England argued a common pattern, seen in François Hotman, a French lawyer of the 16th century, of valuing customary law, in tension with a code of law, and taking support for the customary to the point of creating a "historical myth" around it. Historical priority had political consequences for monarchy.
The status of monarchy in Europe played a large part in its constitutional history until the end of World War I. Shortly after 1918, the surviving European monarchies, diminished in numbers, were all examples of the constitutional monarchy, and the constitutions involved were all written, with the exception of the British monarchy which is part of an uncodified constitution. Mark Mazower states that "Most of the new constitutions began by stressing their democratic, national and republican character."
The constitution of the United States, as a historical research area, was considered to be in decline by Menard in 1971, citing also George Athan Billias and Eric Cantor. Harry N. Scheiber in 1981 noted that some historians in the field saw a "genuine crisis", which he reported was widely attributed to competition from newer approaches in legal history to the behaviour of law courts. At this time there was a view that constitutional history was linked to liberalism and individual rights, and in tension with critical legal studies and its approach to legal history. Lewis Henry LaRue, from the side of critical legal studies, in 1987 defended the proposition that constitutional law should be studied in the context of constitutional history.
Many nations have a constitutional court deciding matters of constitutional law. The force of judgements in such a court may be erga omnes, in other words applying broadly, rather than just to the case in question. Theodore Y. Blumoff writing of the Supreme Court of the United States stated that "Through its decisions and resulting precedents, the Court makes history as it decides it."