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The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Nils Jansen

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.001.0001
Subject:
Law, Philosophy of Law

Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies — legislatures, courts, and regulators — that fit ... More


The English Public Lawyers' Constitution

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0002
Subject:
Political Science, Comparative Politics, UK Politics

Sir Alan Lascelles states the constitution (except the bits we are not allowed to know about) in an anonymous letter ‘The doctrine of parliamentary supremacy since Blackstone’. Bagehot; Dicey; Low; ... More


Legal Christianity Conceived

Steven K. Green

in The Second Disestablishment: Church and State in Nineteenth-Century America

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195399677
eISBN:
9780199777150
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399677.003.0005
Subject:
Religion, History of Christianity, Religion and Society

This begins a three-chapter discussion of legal disestablishment, of the development and decline of the maxim that Christianity formed part of the common law. It traces the origins of the maxim in ... More


Blackstone and Bentham: The Law of Nations and International Law

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0001
Subject:
Law, Public International Law, Legal History

English jurist, William Blackstone's Commentaries, published between 1765 and 1769, transmitted the common law's traditional perception of the law of nations to American lawyers who would declare ... More


First Principles: The American War and the ‘Playwright Patriot’

David Francis Taylor

in Theatres of Opposition: Empire, Revolution, and Richard Brinsley Sheridan

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199642847
eISBN:
9780191738869
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199642847.003.0002
Subject:
Literature, Drama, 18th-century Literature

This chapter affirms the degree of Sheridan’s engagement with contemporary politics well before he entered the House of Commons in 1780. The first section, drawing upon unpublished manuscript ... More


Original Understanding: Preconstitutional Sources and the Drafting and Ratification Process

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter considers the various pre-constitutional sources that the Court relies on to discover the original understanding as well as the uses that it has made of material relating to the drafting ... More


Supremacy and the Supervisory Power

James E. Pfander

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.002
Subject:
Law, Constitutional and Administrative Law

This chapter concentrates on the meaning of supremacy and its close association in the minds of the Framers of the Constitution with the supervisory powers of King's Bench in England. These ... More


: The Fugitive Slave Problem to 1850

Don E. Fehrenbacher and Ward M. McAfee

in The Slaveholding Republic: An Account of the United States Government's Relations to Slavery

Published in print:
2002
Published Online:
October 2011
ISBN:
9780195158052
eISBN:
9780199849475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195158052.003.0007
Subject:
History, American History: 19th Century

Runaways were a common feature of late colonial society, and from Virginia northward, especially, they included white persons as well as black. George Washington, who had a relatively small number of ... More


Constitutional Theory I: From the Fragment to the French Revolution

F. Rosen

in Bentham, Byron, and Greece: Constitutionalism, Nationalism, and Early Liberal Political Thought

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198200789
eISBN:
9780191674778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198200789.003.0003
Subject:
History, British and Irish Modern History, History of Ideas

In the Fragment on Government, Jeremy Bentham posed the general question of how free and despotic governments differed. Bentham's list is important for this chapter's purposes in two respects. ... More


The Separation of Powers

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0007
Subject:
Law, Comparative Law, Legal History

Contradictory institutional demands for both judicial independence and expertise in administrative disputes are related to theoretical and everyday requirements of objectivity and subjectivity. This ... More


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