Common Law Constitutionalism

2018 ◽  
Author(s):  
William E. Nelson
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Legal Profession ◽  
Legal Institutions ◽  
Law System ◽  
The Common ◽  
Common Law System

This chapter shows how common law pleading, the use of common law vocabulary, and substantive common law rules lay at the foundation of every colony’s law by the middle of the eighteenth century. There is some explanation of how this common law system functioned in practice. The chapter then discusses why colonials looked upon the common law as a repository of liberty. It also discusses in detail the development of the legal profession individually in each of the thirteen colonies. Finally, the chapter ends with a discussion of the role of legislation. It shows that, although legislation had played an important role in the development of law and legal institutions in the seventeenth century, eighteenth-century Americans were suspicious of legislation, with the result that the output of pre-Revolutionary legislatures was minimal.

An Inquest on the Cook County Coroner

1973 ◽  
Vol 19 (1) ◽  
pp. 19-32
Author(s):  
Richard P. Fahey ◽  
Deborah J. Palmer
Keyword(s):  
Law Enforcement ◽  
Common Law ◽  
Cook County ◽  
Public Officials ◽  
Law System ◽  
The Common ◽  
Common Law System

The office of coroner is one of the oldest law enforcement posi tions in the common law system of justice, antedating the office of sheriff and the expanded role of the judiciary. Carried into modern law, it is considered a corrupt office by some, while others see it as an effective check and balance on public officials in vestigating deaths.

E Pluribus Unum

2019 ◽  
Author(s):  
William E. Nelson
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
American Revolution ◽  
Political System ◽  
Common Law ◽  
Main Theme ◽  
American Colonies ◽  
The Common ◽  
Do So

This book examines the role of the common law in the life and politics of Great Britain’s North American colonies from the founding of Virginia in 1607 to the outbreak of the American Revolution in 1775–76. The main theme of the book is that when the different colonies were initially founded, they followed very different law—typically not the common law of England. But over the course of the seventeenth century and first half of the eighteenth century, the colonies all received the common law, with the result that by the 1750s the common law constituted the foundation of every colony’s law and every colony’s political system. Some of the colonies adopted the common law because of pressure from the Crown to do so, but others turned to the common law because of socioeconomic pressures on the ground. During the more than century-long process of reception, the common law gradually changed, and thus, what was on the ground in 1776 was not identical to the common law of England. Rather, it was a body of rules that would constitute a foundation for an Americanized version of the common law.

scholarly journals Catatan Hukum Kritis Pembiayaan Sekunder Perumahan

2019 ◽  
Vol 31 (1) ◽  
pp. 15
Author(s):  
Rahmi Jened
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Legal Institutions ◽  
Real Property ◽  
Property Ownership ◽  
Law System ◽  
Special Purpose Vehicle ◽  
The Common ◽  
Common Law System

Abstracthe existence of Secondary Mortgage Facility (SMF) in Indonesia is adopted from common law s tradition. It is not easy to adopt legal institutions derived from the common law tradition into our country that base on the civil law tradition. Furthermore, even though SMF has managed to solve mismatch and improve credit liquidity, hence there are some critical legal notes to SMF institution. This paper will discuss about the differences law and regulation of real property ownership, true sale for repurchase of loan and its   secured transaction (mortgage) and the existence of Special Purpose Vehicle between Common Law and civil Law tradition. IntisariEksistensi lembaga Fasilitas PembiayaanSekunder Perumahan (SMF) di Indonesia diadopsi dari common law system. Tentu bukan hal mudah untuk mengadopsi lembaga hukum dari tradisi common law ke dalam tradisi civil law. Meskipun telah terbukti lembaga ini dapat mengatasi mismatch dan meningkatkan likuiditas KPR, namun ada beberapa catatan hokum kritis tentang Pembiayaan Sekunder Perumahan.Makalah ini akan membahas perbedaan hokum dan aturan tentang kepemilikan tanah, jual putus untuk penjualan kredit dan hak tanggungannya serta eksistensi perusahaan kendaraan untuk tujuan khusus antara tradisi Common Law dan Civil Law.

scholarly journals To what extentd do judges make law in the Australian Common Law system? : Basis from the common law judicial law creation for continental law systems

Verba luris ◽  
2020 ◽  
pp. 117-128
Author(s):  
DAVID AUGUSTO ECHEVERRY BOTERO
Keyword(s):  
Common Law ◽  
Strict Sense ◽  
Legal Institutions ◽  
Legal Systems ◽  
Law System ◽  
The Common ◽  
The Creation ◽  
Common Law System ◽  
The Law ◽  
The One

In the Common Law system judges have the power to create subsidiary laws: they make rules in strict sense. This Kind of power responds to a special way in which the Common Law develops and adapts itself to achieve the best rules for a given society. Understanding how the Australian law system works, as an example of a common law structure, and how judges interact with the parliament in the creation of the best rules of law -which makes the process coherent- is paramount for other legal systems that have a mixture of legal institutions from both civil and common law systems, as Colombia. Colombia has an unclear mixture of law systems, which generates an uncertainty of the application of the law producing both by judges and parliament, and serious structural law problems; so, understanding the basis of the common law system it is important to clarify the limits in the competence of each authority and the interaction between the law made by the Parliament and the one that the judges produce.

British Virgin Islands

2020 ◽  
Author(s):  
Arabella di Iorio
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Common Law ◽  
Virgin Islands ◽  
British Virgin Islands ◽  
Law System ◽  
The Common ◽  
Eastern Caribbean ◽  
Common Law System ◽  
Trust Law

The legal system of the British Virgin Islands is a common law system based on the English model, comprising statute law and binding case precedents. The principles of English common law and equity apply in the BVI (subject to modification by BVI statutes) pursuant to the Common Law (Declaration of Application) Act (Cap 13) and the Eastern Caribbean Supreme Court (Virgin Islands) Act (Cap 80) respectively. The general principles of trust law are based on English law.

The Authority of the Administration

2020 ◽  
pp. 45-66
Author(s):  
Janet McLean
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Radical Change ◽  
Public Trust ◽  
Administrative Law ◽  
Legitimate Authority ◽  
The Common ◽  
Theoretical Foundations

The authority claims of the administration have undergone radical change with consequences for the shape and content of administrative law. In the seventeenth century, authority was claimed in office, as a means to limit the imposition of the King’s will and to secure the independence of officials, especially the judges. In the eighteenth century, virtue, property, and independence became the basis for office, and the common law sought to enhance such authority through notions of public trust. After the nineteenth-century transition to more centralised and bureaucratic hierarchy, democracy became the new source of authority for the administration, reinforced by the ultra vires doctrine. In each era, the authority claims of the administration have been reflected in the frameworks for judicial supervision. In this way the common law has simultaneously constituted and controlled authority. In the present day we are in the process of rethinking whence administrators derive their legitimate authority and the theoretical foundations of judicial review. Beginning with the authority claims of the administration and framing a juridical response which reflects and tests such claims would be a good place to start.

RELATIVITY OF TITLE AT LAW AND IN EQUITY

2006 ◽  
Vol 65 (2) ◽  
pp. 330-365 ◽  
Author(s):  
David Fox
Keyword(s):  
Common Law ◽  
Fundamental Feature ◽  
Law System ◽  
The Common ◽  
Common Law System ◽  
Property Holding

THE relativity of titles to land is a fundamental feature of property holding in the common law system. It is treated as one of the features that distinguishes it from civilian systems of property holding and proves the pragmatic stuff from which the common law is made.

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