By Scott Gordon
This ebook examines the advance of the speculation and perform of constitutionalism, outlined as a political procedure within which the coercive strength of the kingdom is managed via a pluralistic distribution of political energy. It explores the most venues of constitutional perform in historic Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century the USA. From its starting in Polybius' interpretation of the classical idea of "mixed government," the writer lines the speculation of constitutionalism via its past due medieval visual appeal within the Conciliar flow of church reform and within the Huguenot protection of minority rights. After noting its suppression with the emergence of the geographical region and the Bodinian doctrine of "sovereignty," the writer describes how constitutionalism used to be revived within the English clash among king and Parliament within the early Stuart period, and the way it has constructed due to the fact then into the fashionable thought of constitutional democracy.
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Additional resources for Controlling the State: Constitutionalism from Ancient Athens to Today
Bodin's Republique "is, in a very real sense, an attempt at a general system ofpolitics, and contemporaries were not far wrong in likening it to the Politics of Aristotle" (McRae, 1962, A9). 4. "In Bodin's design," notes Franklin, "the basis for comparing states, and explaining their schemes ofpublic law, was to determine and describe the locus ofsovereignty in each" (Bodin, 1992, xvi). The Doctrine of Sovereignty I 21 Bodin broadened the traditional domain of legal scholarship in two respects: his strategy required that legal systems other than the Roman be consulted, and that the inquiry be diverted from examination of the laws themselves to the political system that generates laws.
The various organisms and species are modeled as interacting with each other 18 I Controlling the State and with the nonorganic environment in a shifting equilibrium that is the product of competitive, predatory, and symbiotic relationships. Standard microeconomic theory construes the economic system as composed of independent individuals and institutions that generate a "general equilibrium" by interacting in the markets where factors of production and final goods and services are exchanged. The countervailance model in political science is essentially the same.
Bodin assumed without question that every stable political system is necessarily hierarchical in organization as, indeed, are the domains of the natural and the divine. Analysis of any political system must therefore begin with the most basic question: What person or body of persons is at the apex of the hierarchical order? The entity that occupies this position has the authority to make binding laws and, in exercising its lawmaking powers, it is not subject to constraint by any other human agent.