EUH: European History Courses 1
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Comparison of Constitutionalism in France and the United States, A
A COMPARISON OF CONSTITUTIONALISM IN FRANCE AND THE UNITED STATES Martin A. Rogoff I. INTRODUCTION ....................................... 22 If. AMERICAN CONSTITUTIONALISM ..................... 30 A. American constitutionalism defined and described ......................................... 31 B. The Constitution as a "canonical" text ............ 33 C. The Constitution as "codification" of formative American ideals .................................. 34 D. The Constitution and national solidarity .......... 36 E. The Constitution as a voluntary social compact ... 40 F. The Constitution as an operative document ....... 42 G. The federal judiciary:guardians of the Constitution ...................................... 43 H. The legal profession and the Constitution ......... 44 I. Legal education in the United States .............. 45 III. THE CONsTrrTION IN FRANCE ...................... 46 A. French constitutional thought ..................... 46 B. The Constitution as a "contested" document ...... 60 C. The Constitution and fundamental values ......... 64 D. The Constitution and nationalsolidarity .......... 68 E. The Constitution in practice ...................... 72 1. The Conseil constitutionnel ................... 73 2. The Conseil d'ttat ........................... 75 3. The Cour de Cassation ....................... 77 F. The French judiciary ............................. 78 G. The French bar................................... 81 H. Legal education in France ........................ 81 IV. CONCLUSION ........................................ -
A March of Liberty: a Constitutional History of the United States. by Melvin I
University of Minnesota Law School Scholarship Repository Constitutional Commentary 1989 Book Review: A March of Liberty: A Constitutional History of the United States. by Melvin I. Urofsky. Herman Belz Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Belz, Herman, "Book Review: A March of Liberty: A Constitutional History of the United States. by Melvin I. Urofsky." (1989). Constitutional Commentary. 410. https://scholarship.law.umn.edu/concomm/410 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. 1989] BOOK REVIEWS 549 even knowing that you believed such things (and without quite un derstanding just what it is that you have unwittingly been believ ing). All of this is presented with a ferocity of conviction that leaves you unsettled. And at the end of it all, you have no idea how to go about correcting the situation. w Manicheanism, it seems, is a her esy not limited to Christians. III Perhaps the most unfortunate consequence of these books is that they may lend support to the view-a view that many are wont to adopt anyway-that history offers little help in understanding current constitutional issues. To be sure, good history is not easily come by. The historian has the difficult task of writing about the past but for the present; he must moderate a conversation between generations that may not speak in the same terms or, worse yet, may use the same terms but with different meanings. -
9. the Concept of Party Government in the Constitutional System of Germany
R. L. R. The Concept of Party Government in the Constitutional System of Germany 313 9. The Concept of Party Government in the Constitutional System of Germany Foroud SHIRVANI* I. Historic Foundation The German party history, particularly in the 19th century, shows that, from the beginning, German political parties were social associations representing different political streams. Generally, parties were seen as a part of society but not as a part of government.1) Nevertheless, political parties played an active role in the constitutional reality of the German state and, finally, were able to fight their way into the centre of political power. As laid out below, the constitutional history of the German Empire (1871 – 1918) and the Weimar Republic (1919 – 1933) serve as proof for this development. 1. The Constitution of the German Empire The Constitution of the German Empire enacted in 1871 was the legal foundation for several important constitutional bodies.2) Among them were the German Emperor (‘Kaiser’) representing the Empire in foreign relations and acting as commander-in-chief of the army and the navy3), the Chancellor of the Empire (‘Reichskanzler’) directing government affairs4) and the Imperial Diet (‘Reichstag’) constituting the parliament of the Empire elected in universal and direct polls.5) However, there was no specific provision concerning political parties in the Constitution. One of the main reasons for the absence of such a provision was that the theory of government at that time defined the state as a political entity forming its opinion and executing it, whereas it defined society as separate private sphere with a distance * Dr. -
Constitutional History in Context: Mexican Federation and Spanish Liberal Influence
Berkeley Undergraduate Journal 1 CONSTITUTIONAL HISTORY IN CONTEXT: MEXICAN FEDERATION AND SPANISH LIBERAL INFLUENCE Comparing the Spanish Constitution of 1812 and the Mexican Constitution of 1824 By Madison Chapman pain adopted the Constitution of Cádiz in 1812 as a response to the regime of Joseph Bonaparte, which deposed King Ferdinand VII and inspired dissent throughout Spain. Fondly known as La Pepa, the new SSpanish constitution would prove short lived—but long influence the course of history and political theory. Indeed, the Constitution of Cádiz was the first truly liberal European document of the kind—drawing on Rousseau, Locke, and Voltaire, it enumerated universal male suffrage, a constitutional monarchy and democratic parliamentary body, and certain social rights previously restricted in largely closed European states. Though the Constitution of Cádiz would crumble by 1814, the immediate influence of this document was felt by New Spain, which would draft its own document and declare the Mexican Federation in 1824. This paper explores the causal link between these two events, applying theory from Rawls, Polanyi, Mill, and The Federalist Papers to determine how each document differs, where parallels emerge, why each failed to last, and how the lessons from Spain and colonial dissent encouraged Mexico to federate. By offering a textual comparison of each document and weaving in anecdotes from history, this paper provides a robust assessment of two quintessential documents for modern political theory and liberal thought in both -
Legal and Constitutional History
LEGAL AND CONSTITUTIONAL HISTORY WILLIAM E. NELSON Since the publication of the last Legal and Constitutional Histo, sur- vey two years ago,' the field has seen an extraordinary outpouring of significant literature. In part, the literature was a product of the bicen- tennial celebration. The University of Pennsylvania Law Review,2 the Virginia Law Review,3 the De Paul Law Review, 4 and even the Public Contract Law Journal5 published bicentennial issues, each of which con- tained several historical articles. In addition, the Law and Society Review published a two-issue Festschrift in honor of the retirement of the preeminent legal historian of the last three decades, James Willard Submitted for publication Sept. 1, 1978. William E. Nelson is Associate Professor of Law at Yale Law School. 1. Nelson, Legal and Constitutional History, 1976 Ann. Surve, Am. L 427. 2. Black, The Constitution of Empire: The Case for the Colonists, 124 U. Pa. L Rev. 1157 (1976); Johnson, John Jay: Lawyer in a Time of Transition. 1764-1775. 124 U. Pa. L. Rev. 1260 (1976); Smith, An Independent Judiciary: The Colonial Back- ground, 124 U. Pa. L Rev. 1104 (1976); Swindler, "Rights of Englishmen*' Since 1776: Some Anglo-American Notes, 124 U. Pa. L. Rev. 1083 (1976); White. The Path of American Jurisprudence, 124 U. Pa. L Rev. 1212 (1976). 3. Boyd, On the Need for "Frequent Recurrence to Fundamental Principks.- 62 Va. L. Rev. 859 (1976); Gay, America the Paradoxical. 62 Va. L. Rev. 843 (1976); Herget, The Missing Power of Local Governments: A Divergence Between Text and Practice in Our Early State Constitutions, 62 Va. -
The Dear Old Holy Roman Realm. How Does It Hold Together? Goethe, Faust I, Scene 5
Economic History Working Papers No: 288 “The Dear Old Holy Roman Realm. How Does it Hold Together?” Monetary Policies, Cross-cutting Cleavages and Political Cohesion in the Age of Reformation Oliver Volckart LSE October 2018 July 2018 Economic History Department, London School of Economics and Political Science, Houghton Street, London, WC2A 2AE, London, UK. T: +44 (0) 20 7955 7084. F: +44 (0) 20 7955 7730 ‘The Dear Old Holy Roman Realm, How Does it Hold Together?’ Monetary Policies, Cross-cutting Cleavages and Political Cohesion in the Age of Reformation Oliver Volckart JEL codes: H11, H77, N13, N43. Keywords: Holy Roman Empire, Reformation, political cohesion, monetary policies. Abstract Research has rejected Ranke’s hypothesis that the Reformation emasculated the Holy Roman Empire and thwarted the emergence of a German nation state for centuries. However, current explanations of the Empire’s cohesion that emphasise the effects of outside pressure or political rituals are not entirely satisfactory. This article contributes to a fuller explanation by examining a factor that so far has been overlooked: monetary policies. Monetary conditions within the Empire encouraged its members to cooperate with each other and the emperor. Moreover, cross-cutting cleavages – i.e. the fact that both Catholics and Protestants were split among themselves in monetary-policy questions – allowed actors on different sides of the confessional divide to find common ground. The paper analyses the extent to which cleavages affected the negotiations about the creation of a common currency between the 1520s and the 1550s, and whether monetary policies helped bridging the religious divide, thus increasing the Empire’s political cohesion. -
Liberal Originalism: the Declaration of Independence and Constitutional Interpretation - Symposium: History and Meaning of the Constitution
Cleveland State Law Review Volume 63 Issue 1 Article 5 2014 Liberal Originalism: The Declaration of Independence and Constitutional Interpretation - Symposium: History and Meaning of the Constitution Scott D. Gerber Ohio Northern University Pettit College of Law Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Constitutional Law Commons How does access to this work benefit ou?y Let us know! Recommended Citation Scott D. Gerber, Liberal Originalism: The Declaration of Independence and Constitutional Interpretation - Symposium: History and Meaning of the Constitution, 63 Clev. St. L. Rev. 1 (2014) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol63/iss1/5 This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. LIBERAL ORIGINALISM: THE DECLARATION OF INDEPENDENCE AND CONSTITUTIONAL INTERPRETATION SCOTT D. GERBER* I. LIBERAL ORIGINALISM ............................................................ 3 II. THE REACTION TO LIBERAL ORIGINALISM ............................... 6 A. Patrick Charles on Liberal Originalism .......................... 7 B. Lee Strang on Liberal Originalism .................................. 8 III. JUSTICE THOMAS’S LIBERAL ORIGINALISM ........................... 11 IV. THE REACTION TO JUSTICE THOMAS’S LIBERAL ORIGINALISM ......................................................................... 16 V. CONCLUSION: THE FUTURE OF LIBERAL ORIGINALISM .......... 20 “The American Constitution . is founded on a creed. America is the only nation in the world that is founded on a creed. That creed is set forth with dogmatic and even theological lucidity in the Declaration of Independence; perhaps the only piece of practical politics that is also theoretical politics and also great literature.” — G. -
I the Roman Republic: Government of the People, by the People, for the People?*
TWO NEW BOOKS ON ROMAN REPUBLICAN POLITICAL CULTURE I The Roman Republic: Government of the People, by the People, for the People?* Karl-J. Hölkeskamp Fergus Millar, The Crowd in Rome in the Late Republic, Thomas Spencer Jerome Lectures 22, Ann Arbor: The University of Michigan Press, 1998. xvi + 236 pp. ISBN 0-472-10892-1. Is it altogether fitting and proper that a critical assessment of a book on the political system of the late Roman Republic should begin with an allusion to Abraham Lincoln, his Gettysburg Address and its famous final phrase? After all, Fergus Millar (Μ.) himself — in the second of a series of articles* 1 which initiated a lively and still ongoing debate on the political culture of the res publica2 — claimed that it was not his intention ‘to attempt to restore the Roman people to their proper place in the history of democratic values’ — although the ‘elements of a popular, even a democratic, tradition and * I should like to thank Elke Stein-Hölkeskamp and Uwe Walter for valuable suggestions. 1 ‘The Political Character o f the Classical Roman Republic, 200-151 B.C.’, JRS 74 (1984), 1-19; ‘Politics, Persuasion and the People before the Social War (150-90 ΒὈ .)’, JRS 76 (1986), 1-11; ‘Political Power in Mid-Republican Rome: Curia or Comitium?’ JRS 79 (1989), 138-50; ‘Popular Politics at Rome in the Late Republic’, in Leaders and Masses in the Roman World. Studies in honor of Ζ. Yavetz, ed. I. Malkin, Ψ.Ζ. Rubinsohn, Leiden 1995, 91-113 (quoted as Μ. 1984; 1986; 1989; 1995); id., ‘The Roman Libertus and Civic Freedom’, Arethusa 28 (1995), 99-104. -
Comparative Approaches to Constitutional History
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2018 Comparative Approaches to Constitutional History Jamal Greene Columbia Law School, [email protected] Yvonne Tew Georgetown University Law Center, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Comparative and Foreign Law Commons, Constitutional Law Commons, and the Courts Commons Recommended Citation Jamal Greene & Yvonne Tew, Comparative Approaches to Constitutional History, COMPARATIVE JUDICIAL REVIEW, ERIN F. DELANEY & ROSALIND DIXON, EDS., EDWARD ELGAR PUBLISHING, 2018; COLUMBIA PUBLIC LAW RESEARCH PAPER NO. 14-613 (2018). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2519 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. JOBNAME: Delaney PAGE: 1 SESS: 4 OUTPUT: Thu Aug 23 10:51:28 2018 19. Comparative approaches to constitutional history Jamal Greene and Yvonne Tew* A. INTRODUCTION An historical approach to constitutional interpretation draws upon original intentions or understandings of the meaning or application of a constitutional provision. Comparing the ways in which courts in different jurisdictions use history is a complex exercise. In recent years, academic and judicial discussion of “originalism” has obscured both the global prevalence of resorting to historical materials as an interpretive resource and the impressive diversity of approaches courts may take to deploying those materials. This chapter seeks, in Section B, to develop a basic taxonomy of historical approaches. -
Revolutions and Constitutions Louis Henkin
Louisiana Law Review Volume 49 | Number 5 May 1989 Revolutions and Constitutions Louis Henkin Repository Citation Louis Henkin, Revolutions and Constitutions, 49 La. L. Rev. (1989) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol49/iss5/2 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. REVOLUTIONS AND CONSTITUTIONS* Louis Henkin** The year 1989 marks important bicentennials in both the United States and France. For the United States, 1989 is the bicentennial of the Constitution and of rights: In 1789 the Constitution came into effect and the first Congress adopted the Amendments that came to be known as the Bill of Rights, both realizations of the promises of the American Revolution. In France, 1989 is the bicentennial of the Revolution and of the Declaration of the Rights of Man and of the Citizen, the Re- volution's most noble, and perhaps most enduring, product. 1989, then, would seem to be a particularly appropriate time for contemplating and comparing the experiences of the two countries over the past two hundred years in securing the rights that their respective revolutions promised. This article is divided into two parts. The first, entitled "Rights and Revolutions," examines the original affinity, as well as the differ- ences, between the American and French Revolutions and between their respective commitments to individual rights. I then chart the striking divergence as to the treatment of rights in the United States and France in the years following the revolutions. -
The French Constitutional Coming of Age - a Merger of Constitutional Traditions Catherine Shakdam
Al-Bayan Center for Planning and Studies The French Constitutional Coming Of Age - A Merger Of Constitutional Traditions Catherine Shakdam Al-Bayan Center Publications Series Al-Bayan Center for Planning and Studies Copyright © 2018 www.bayancenter.org [email protected] 2 The French Constitutional Coming Of Age About the Center Al-Bayan Center for Planning and Studies is an independent, non-profit centre based in Baghdad. Its main mission, amongst other things, is to provide a credible perspective on public and external policy issues that concern Iraq in particular and the Middle East region in general. The centre seeks to undertake an independent analysis of and to submit practical solutions to complex issues in the academic and political domains. 3 Al-Bayan Center for Planning and Studies The French Constitutional Coming Of Age - A Merger Of Constitutional Traditions Catherine Shakdam * A constitution is the fundamental and basic law, of a country. The constitution determines the fundamental political principles of the government, rules of procedure of that government, rights and obligations of the citizenry and methods to ensure accountability of governmental branches. As it is well-known, France has had a tormented constitutional history, going through many different political regimes, and no less than fifteen constitutions since the French Revolution in 1789. As written by Van Nifterik: “the French should know about constitutions! One can differ as to whether the history of France should be considered a fruitful garden of constitutional thought, a graveyard of constitutional experiments, a ‘musée des constitutions’, or a minefield; in any case it is beyond doubt that the French are rather experienced in constitutions and constitutional changes.”1 The current constitution, which provides for the basic rules for France’s Fifth Republic, was adopted in 1958. -
The Constitutional Law of German Unification , 50 Md
Maryland Law Review Volume 50 | Issue 3 Article 3 The onsC titutional Law of German Unification Peter E. Quint Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the International Law Commons Recommended Citation Peter E. Quint, The Constitutional Law of German Unification , 50 Md. L. Rev. 475 (1991) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol50/iss3/3 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. m@ :::z::::: :::::: ::: . : ' " ' ... 0... .. = . ... ..... .. .... ..... -'.'. :. ~......>.. -.., ....... .. ...... _ .- :i..:""- ............ .:!........ :. !!:"° S. ... .. .. MARYLAND LAW REVIEW VOLUME 50 1991 NUMBER 3 © Copyright Maryland Law Review, Inc. 1991 Articles THE CONSTITUTIONAL LAW OF GERMAN UNIFICATION PETER E. QUINT* TABLE OF CONTENTS MAP: GERMANY, 1945 INTRODUCTION .............................................. 476 I. UNION AND DISUNION IN GERMAN HISTORY ............. 478 II. THE LEGAL STATUS OF GERMANY, 1945-1989 .......... 480 III. POLITICAL REVOLUTION IN THE GDR, 1989-1990 ....... 483 IV. CONSTITUTIONAL REFORM IN THE GDR, 1989-1990 .... 488 A. Background: The 1968/74 Constitution of the GDR ... 488 B. Proposalsfor a New GDR Constitution-The Round Table Draft ....................................... 493 C. Amending the GDR Constitution-The Old Volkskammer and the Modrow Government ........................ 496 Copyright © 1991 by Peter E. Quint. * Professor of Law, University of Maryland. A.B., Harvard University, 1961; LL.B., 1964; Diploma in Law, Oxford University, 1965. For valuable comments on earlier drafts of this article I am grateful to Winfried Brugger, Thomas Giegerich, Eckart Klein, Alexander Reuter, William Reynolds, Edward Tomlinson, and Giinther Wilms.