Constitutionalism: Ancient and Modern
McIlwain, Charles Howard. Constitutionalism: Ancient and Modern. Ithaca: Cornell University Press, 1940. ix, 162 pp. Reprint available June 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-550-5. Cloth. $75. * Upon publication The Law Quarterly Review praised this book, noting that "great learning is manifest in these pages" (cited in Marke). McIlwain [1871-1968] examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras. He concludes with a discussion of the forces of despotism that were threatening constitutionally based individual freedom in the 1930s. One of the twentieth century's most distinguished scholars of Anglo-American constitutional history, McIlwain was Eaton Professor of the Science of Government in Harvard University and the author of The High Court of Parliament and Its Supremacy (1910) and The American Revolution: A Constitutional Interpretation (1924). Both of these are available as Lawbook Exchange reprints.
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Page 5 - By constitution we mean, whenever we speak with propriety and exactness, that assemblage of laws, institutions, and customs, derived from certain fixed principles of reason, directed to certain fixed objects of public good, that compose the general system, according to which the community hath agreed to be governed.