By Thomas Poole
This traditionally embedded remedy of theoretical debates approximately prerogative and cause of kingdom spans over 4 centuries of constitutional improvement. starting 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 country to early imperial issues and the nineteenth-century debate at the legislative empire, to martial legislation and twentieth-century articulations of the country on the finish of empire. It concludes with reflections at the modern post-imperial protection country. The e-book synthesises a wealth of theoretical and empirical literature that permits a hyperlink to be made among the improvement of constitutional rules and worldwide realpolitik. It exposes the connection among inner and exterior pressures and designs within the making of the trendy constitutional polity and explores the connection among legislation, politics and economics in a manner that continues to be infrequent in constitutional scholarship.
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Additional info for Reason of State: Law, Prerogative and Empire
Sample text
The court held that allegiance follows the king. 76 The strength of the personal element within contemporary notions of authority can also be seen in the ideas of service used in In his report on Calvin’s Case, Coke argued that natural law was ‘Part of the Law of England’ (195). Note also the connection between common law and religious beliefs. ’ 71 Hulsebosch, Constituting Empire, 37. 72 Burgess, Absolute Monarchy and the Stuart Constitution, 141. The classic expression of this position is Hale, Prerogatives of the King.
In all of them the courts gave the king the victory he sought or else evaded or narrowed the issue in a way that allowed him to claim victory. Bate’s Case, sometimes called the Case of Impositions, concerned the legality of a retaliatory duty (impositions) on the import of currants via Venice. This was by no means a trivial matter. Imported currants from the Mediterranean were beginning to find a mass market. 39 The race to satisfy consumer cravings of this sort was leading to the creation of relatively large-scale trading companies.
In the constitutional-legal sphere, this attitude translated into a hardline opposition to the exercise by the king, on grounds of national security, of prerogative powers to raise revenue. 95 It is not that the king’s side escapes blame altogether. But here the reason for criticism is almost the opposite – not too much assertive independent-mindedness but rather too little. 96 In allowing public authority to become diluted they enabled private voices to proliferate. Discussing the Earl of Strafford’s impeachment and attainder, a crucial moment in the lead-up to Civil War, Hobbes offers a version of the Hydra myth: B.