By Thomas Poole
This traditionally embedded remedy of theoretical debates approximately prerogative and cause of country spans over 4 centuries of constitutional improvement. beginning with the English Civil warfare and the constitutional theories of Hobbes and the Republicans, it strikes via eighteenth-century arguments over jealousy of alternate and advertisement cause of nation to early imperial issues and the nineteenth-century debate at the legislative empire, to martial legislation and twentieth-century articulations of the nation on the finish of empire. It concludes with reflections at the modern post-imperial safety kingdom. The ebook synthesises a wealth of theoretical and empirical literature that permits a hyperlink to be made among the advance of constitutional principles and worldwide realpolitik. It exposes the connection among inner and exterior pressures and designs within the making of the fashionable constitutional polity and explores the connection among legislations, politics and economics in a fashion that continues to be infrequent in constitutional scholarship.
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Additional info for Reason of State: Law, Prerogative and Empire
Example text
22 The Case of Proclamations (PC 1611), 12 Co. 74. W. Maitland, The Constitutional History of England (Oxford: Oxford University Press, ed. H. A. L. Fisher, 1963), 257–258. 24 Christopher W. Brooks, Law, Politics and Society in Early Modern England (Cambridge: Cambridge University Press, 2008), 408. 19 20 24 Prerogative in early-modern state theory seen as an assertion or reassertion25 of the principle that the king had no capacity to interfere in the course of ordinary cases, save perhaps where such action might be justified by necessity.
Within the commonwealth, the plurality of voices is reduced to the single, authoritative voice of the sovereign, turning the disordered Babel of the natural state into a ‘commonwealth of ordered words’,86 and the multiplicity of Thomas Hobbes, Elements of Law (Oxford: Oxford University Press, ed. J. G. A. Gaskin, 1994) (‘EL’), 79; also Leviathan (Cambridge: Cambridge University Press, ed. Richard Tuck, 1991) (‘L’), 91. 81 Thomas Hobbes, On the Citizen (Cambridge: Cambridge University Press, ed.
The debate shows how legalism was a property common to all branches of the Stuart state and was a language in which all politically active men were fluent. James Whitelocke, soon to fall foul with the king, argued that sovereignty lay in the king in parliament not the king acting alone. Sir John Davies argued to the contrary that the law of nations proves that monarchs enjoy extensive prerogative powers. Davies was a major proponent of 41 28 Prerogative in early-modern state theory Five Knights Case and the Case of Ship Money are two of the most significant cases ever decided by English courts.