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American Influence on British Federal Systems
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W. Menzies Whitelaw
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Chapters in this book
- Frontmatter I
- Preface V
- 1937 to 1787, Dr. VII
- Contents XVII
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Part One. The Background of Political, Economic, and Social Ideas behind the Constitution
- The Fundamental Law behind the Constitution of the United States 3
- The Constitution and the Courts: a Reexamination of the Famous Case of Dr. Bonham 15
- The Beginnings of Representative Government in England 25
- The Theory of Balanced Government 37
- European Doctrines and the Constitution 51
- Mercantilism: the Old English Pattern of a Controlled Economy 63
- English and French Industrial History After 1540 in Relation to the Constitution 79
- The Concepts of Democracy and Liberty in the Eighteenth Century 105
- The Appeal to Reason and the American Constitution 121
- The Puritan Background of the First Amendment 131
- Philosophical Differences between the Constitution and the Bill of Rights 143
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Part Two. The Constitution and Its Influence upon American Thought
- Historiography and the Constitution 159
- The Path of Due Process of Law 167
- Minority Rule and the Constitutional Tradition 191
- The Constitution as the American Social Myth 209
- Constitutional History and the Higher Law 225
- Constitutional Democracy: a Nineteenth-Century Faith 247
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Part Three. E Repercussions of the Constitution outside the United States
- The Constitutional Cult in the Early Nineteenth Century 261
- The Holy Roman Empire versus the United States: Patterns for Constitution-Making in Central Europe 271
- The Influence of the American Constitution on the Weimar Constitution 285
- American Influence on British Federal Systems 297
- The Judicial Interpretation of the Canadian Constitution 315
- The Frontier and the Constitution in South Africa 329
- Federalism in Latin America 341
- The Origins of Federalism in Mexico 349
- Federalism in Brazil 367
- Epilogue 385
- Afterthoughts on Constitutions 387
- Index 401
Chapters in this book
- Frontmatter I
- Preface V
- 1937 to 1787, Dr. VII
- Contents XVII
-
Part One. The Background of Political, Economic, and Social Ideas behind the Constitution
- The Fundamental Law behind the Constitution of the United States 3
- The Constitution and the Courts: a Reexamination of the Famous Case of Dr. Bonham 15
- The Beginnings of Representative Government in England 25
- The Theory of Balanced Government 37
- European Doctrines and the Constitution 51
- Mercantilism: the Old English Pattern of a Controlled Economy 63
- English and French Industrial History After 1540 in Relation to the Constitution 79
- The Concepts of Democracy and Liberty in the Eighteenth Century 105
- The Appeal to Reason and the American Constitution 121
- The Puritan Background of the First Amendment 131
- Philosophical Differences between the Constitution and the Bill of Rights 143
-
Part Two. The Constitution and Its Influence upon American Thought
- Historiography and the Constitution 159
- The Path of Due Process of Law 167
- Minority Rule and the Constitutional Tradition 191
- The Constitution as the American Social Myth 209
- Constitutional History and the Higher Law 225
- Constitutional Democracy: a Nineteenth-Century Faith 247
-
Part Three. E Repercussions of the Constitution outside the United States
- The Constitutional Cult in the Early Nineteenth Century 261
- The Holy Roman Empire versus the United States: Patterns for Constitution-Making in Central Europe 271
- The Influence of the American Constitution on the Weimar Constitution 285
- American Influence on British Federal Systems 297
- The Judicial Interpretation of the Canadian Constitution 315
- The Frontier and the Constitution in South Africa 329
- Federalism in Latin America 341
- The Origins of Federalism in Mexico 349
- Federalism in Brazil 367
- Epilogue 385
- Afterthoughts on Constitutions 387
- Index 401