Constitutional History
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Constitutional History
Constitutional history is the area of historical study covering both written constitutions and uncodified constitutions, and became an academic discipline during the 19th century. ''The Oxford Companion to Law'' (1980) defined it as the study of the "origins, evolution and historical development" of the constitution of a community. The English term is attributed to Henry Hallam, in his 1827 work ''The Constitutional History of England''. It overlaps legal history and political history. For uncodified constitutions, the status of documents seen as contributing to the formation of a constitution has an aspect of diplomatics. By the beginning of the 20th century, constitutional history, associated strongly with the "Victorian manner" in historiography, had come under criticism that questioned its relevance. Both before and after the period of so-called "traditional constitutional history" in the English-speaking world, its themes in political history have been seriously contested. See ...
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Written Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines ...
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George Athan Billias
George Athan Billias (June 26, 1919 – August 16, 2018) was an American historian. Early life Billias was born in Lynn, Massachusetts and graduated from Lynn English High School in 1937. He received his B.A. from Bates College in 1948 and his Ph.D. from Columbia University in 1958. He joined the United States Army in 1941 and became a medical administrative officer in 1942."Dr. Billias Named To Clark Staff"
'''', Bangor, Maine, volume 73, number 296, May 29, 1962, page 5.
George Billias obituar ...
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John Robert Seeley
Sir John Robert Seeley, KCMG (10 September 1834 – 13 January 1895) was an English Liberal historian and political essayist. A founder of British imperial history, he was a prominent advocate for the British Empire, promoting a concept of Greater Britain. This he expounded in his most widely known book ''The Expansion of England'' (1883). Whilst he was an early advocate of the establishment of political science as a distinct academic discipline, he retained a theological approach in which this was embedded. Early life Seeley was born in London. His father was Robert Benton Seeley, a publisher who issued books under the name of Seeley, Jackson and Halliday. He was a strong advocate of Evangelical Anglicanism and was the author of several religious books and of ''The Life and Times of Edward I''. His mother was Mary Ann Jackson (1809-1868), who shared her husband's religious views. Her brother, John Henry Jackson, was a partner in Robert Seeley's publishing company. John was r ...
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Tyrant
A tyrant (), in the modern English usage of the word, is an absolute ruler who is unrestrained by law, or one who has usurped a legitimate ruler's sovereignty. Often portrayed as cruel, tyrants may defend their positions by resorting to repressive means. The original Greek term meant an absolute sovereign who came to power without constitutional right, yet the word had a neutral connotation during the Archaic and early Classical periods. However, Greek philosopher Plato saw ''tyrannos'' as a negative word, and on account of the decisive influence of philosophy on politics, its negative connotations only increased, continuing into the Hellenistic period. The philosophers Plato and Aristotle defined a tyrant as a person who rules without law, using extreme and cruel methods against both his own people and others. The ''Encyclopédie'' defined the term as a usurper of sovereign power who makes "his subjects the victims of his passions and unjust desires, which he substitutes ...
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Peisistratids
Pisistratus or Peisistratus ( grc-gre, wikt:Πεισίστρατος, Πεισίστρατος ; 600 – 527 BC) was a politician in ancient Athens, ruling as tyrant in the late 560s, the early 550s and from 546 BC until his death. His unification of Attica, the triangular peninsula of Greece containing Athens, along with economic and cultural improvements laid the groundwork for the later preeminence of Athens in ancient Greece. His legacy lies primarily in his institution of the Panathenaic Games, historically assigned the date of 566 BC, and the consequent first attempt at producing a definitive version of the Homeric epics. Peisistratos' championing of the lower class of Athens is an early example of populism. While in power, he did not hesitate to confront the aristocracy and greatly reduce their privileges, confiscating their lands and giving them to the poor. Peisistratos funded many religious and artistic programs, in order to improve the economy and spread the wealth mor ...
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Athens
Athens ( ; el, Αθήνα, Athína ; grc, Ἀθῆναι, Athênai (pl.) ) is both the capital and largest city of Greece. With a population close to four million, it is also the seventh largest city in the European Union. Athens dominates and is the capital of the Attica region and is one of the world's oldest cities, with its recorded history spanning over 3,400 years and its earliest human presence beginning somewhere between the 11th and 7th millennia BC. Classical Athens was a powerful city-state. It was a centre for the arts, learning and philosophy, and the home of Plato's Academy and Aristotle's Lyceum. It is widely referred to as the cradle of Western civilization and the birthplace of democracy, largely because of its cultural and political influence on the European continent—particularly Ancient Rome. In modern times, Athens is a large cosmopolitan metropolis and central to economic, financial, industrial, maritime, political and cultural life in Gre ...
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Erga Omnes
''Erga omnes'' is a Latin phrase which means "towards all" or "towards everyone". In legal terminology, ''erga omnes'' rights or obligations are owed ''toward all''. For instance, a property right is an ''erga omnes'' entitlement, and therefore enforceable against anybody infringing that right. An ''erga omnes'' right (a statutory right) can here be distinguished from a right based on contract, unenforceable except against the contracting party. International law In international law, it has been used as a legal term describing obligations owed by states towards the community of states as a whole. An ''erga omnes'' obligation exists because of the universal and undeniable interest in the perpetuation of critical rights (and the prevention of their breach). Consequently, any state has the right to complain of a breach. Examples of erga omnes norms include piracy and genocide. The concept was recognized in the International Court of Justice's decision in the ''Barcelona Traction' ...
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Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things. In 1919 the First Austrian Republic established the first dedicated constitutional court, the Constitutional Court of Austria, which however existed in name only until 10 October 1920, when the country's new constitution came into effect, upon which the court gained the power to review the laws of Austria's federal states. The 1920 Constitution of Czechoslovakia, which came into effect on 2 February 1920, was the first to provide for a dedicated court for judicial review of parliamentary laws, but the court did not convene until November 1921. The organization and competences of both courts were influenced by constitutional theories of Hans Kelsen. Subsequently, this idea of having a sepa ...
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:Category:Constitutional History Of The United States
{{Cat main, History of the United States Constitution United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ... United States constitutional law Legal history of the United States Political history of the United States ...
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Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries History of the United States Constitution, such as the United States and Provinces of Canada, Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a ''jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include custom (law), customary law, Convention (norm), conventions, statutory law, precedent, judge-made law, or international law, international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these princi ...
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Critical Legal Studies
Critical legal studies (CLS) is a school of critical theory that developed in the United States during the 1970s.Alan Hunt, "The Theory of Critical Legal Studies," Oxford Journal of Legal Studies, Vol. 6, No. 1 (1986): 1-45, esp. 1, 5. Se DOI, 10.1093/ojls/6.1.1. CLS adherents claim that laws are devised to maintain the status quo of society and thereby codify its biases against marginalized groups. Despite wide variation in the opinions of critical legal scholars around the world, there is general consensus regarding the key goals of Critical Legal Studies: * to demonstrate the ambiguity and possible preferential outcomes of supposedly impartial and rigid legal doctrines. * to publicize historical, social, economic and psychological results of legal decisions * to demystify legal analysis and legal culture in order to impose transparency on legal processes so that they earn the general support of socially responsible citizens The abbreviations "CLS" and "Crit" are sometimes us ...
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Individual Rights
Group rights, also known as collective rights, are rights held by a group ''wikt:qua, qua'' a group rather than individually by its members; in contrast, individual rights are rights held by Individuality, individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves. Historically, group rights have been used both to infringe upon and to facilitate individual rights, and the concept remains controversial. Organizational group rights Besides the rights of groups based upon the immutable characteristics of their individual members, other group rights cater toward organizational persons, including nation-states, trade unions, corporations, trade associations, chambers of commerce, specific ethnic groups, and political parties. Such organizations are accorded rights that are particular to their specifically stated functions and their capacities to speak on behalf of their members, i.e. ...
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