Controlling the State: Constitutionalism from Ancient Athens to Today
by Scott Gordon
Harvard University Press, 1999 Cloth: 978-0-674-16987-6 | eISBN: 978-0-674-03783-0 | Paper: 978-0-674-00977-6 Library of Congress Classification JF229.G67 1999 Dewey Decimal Classification 321.801
ABOUT THIS BOOK | REVIEWS | TOC
ABOUT THIS BOOK
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America.
From its beginning in Polybius' interpretation of the classical concept of "mixed government," the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of "sovereignty," the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
REVIEWS
While not defending any particular version of constitutionalism as best, Gordon argues persuasively that some form of constitutional government is necessary for both prosperity and the preservation of individual liberty.
-- R. Hudelson Choice
An unusually sweeping book...[Gordon] provides a...concise and accessible introduction to the history of constitutional government ... Particularly valuable for its distinctive emphasis on countervailing power as the cornerstone of constitutional governance and its broad survey of the practice and idea of constitutionalism over the course of Western history.
-- Keith E. Whittington Law and Politics Book Review
TABLE OF CONTENTS
Contents
Preface
Introduction
1
The Doctrine of Sovereignty
The Classical Doctrine of Sovereignty
The People as Sovereign
Parliament as Sovereign
Critics of Sovereignty
2
Athenian Democracy
Constitutional Development
The Athenian Political System
The Theory of the Athenian Constitution
The Doctrine of Mixed Government
The Constitutional Totalitarianism of Sparta
3
The Roman Republic
The Development of the Republic, and Its Fall
The Political System of the Republic
Theoretical Interpretation of the Republican System
4
Countervailance Theory in Medieval Law, Catholic Ecclesiology, and Huguenot Political Theory
Canon Law and Roman Law
Catholic Ecclesiology and the Conciliar Movement
The Huguenot Political Theorists
5
The Republic of Venice
Venice and Europe
The Venetian System of Government
Venetian Constitutionalism
Church and State
The Myth of Venice
Venice, Mixed Government, and Jean Bodin
6
The Dutch Republic
The Golden Age of the Dutch Republic
The Political History of the Republic, 1566–1814
The Republican Political System
Dutch Political Theory
7
The Development of Constitutional Government and Countervailance Theory in Seventeenth-Century England
Religious Toleration and Civic Freedom
The Roles of Parliament
“Mixed Government” and the Countervailance Model
The Early Stuart Era
From the Civil War to the Revolution of 1688
The Provenance of English Countervailance Theory
The Eighteenth Century, and Montesquieu
8
American Constitutionalism
The Political Theory of the American Revolution
The State Constitutions
The National Constitution
The Bill of Rights and the Judiciary
A Note on Provenance
9
Modern Britain
Archaic Remnants: The Monarchy and the House of Lords
The House of Commons and the Cabinet
The Bureaucracy
The Judiciary
Unofficial Political Institutions: Pressure Groups
Controlling the State: Constitutionalism from Ancient Athens to Today
by Scott Gordon
Harvard University Press, 1999 Cloth: 978-0-674-16987-6 eISBN: 978-0-674-03783-0 Paper: 978-0-674-00977-6
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America.
From its beginning in Polybius' interpretation of the classical concept of "mixed government," the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of "sovereignty," the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
REVIEWS
While not defending any particular version of constitutionalism as best, Gordon argues persuasively that some form of constitutional government is necessary for both prosperity and the preservation of individual liberty.
-- R. Hudelson Choice
An unusually sweeping book...[Gordon] provides a...concise and accessible introduction to the history of constitutional government ... Particularly valuable for its distinctive emphasis on countervailing power as the cornerstone of constitutional governance and its broad survey of the practice and idea of constitutionalism over the course of Western history.
-- Keith E. Whittington Law and Politics Book Review
TABLE OF CONTENTS
Contents
Preface
Introduction
1
The Doctrine of Sovereignty
The Classical Doctrine of Sovereignty
The People as Sovereign
Parliament as Sovereign
Critics of Sovereignty
2
Athenian Democracy
Constitutional Development
The Athenian Political System
The Theory of the Athenian Constitution
The Doctrine of Mixed Government
The Constitutional Totalitarianism of Sparta
3
The Roman Republic
The Development of the Republic, and Its Fall
The Political System of the Republic
Theoretical Interpretation of the Republican System
4
Countervailance Theory in Medieval Law, Catholic Ecclesiology, and Huguenot Political Theory
Canon Law and Roman Law
Catholic Ecclesiology and the Conciliar Movement
The Huguenot Political Theorists
5
The Republic of Venice
Venice and Europe
The Venetian System of Government
Venetian Constitutionalism
Church and State
The Myth of Venice
Venice, Mixed Government, and Jean Bodin
6
The Dutch Republic
The Golden Age of the Dutch Republic
The Political History of the Republic, 1566–1814
The Republican Political System
Dutch Political Theory
7
The Development of Constitutional Government and Countervailance Theory in Seventeenth-Century England
Religious Toleration and Civic Freedom
The Roles of Parliament
“Mixed Government” and the Countervailance Model
The Early Stuart Era
From the Civil War to the Revolution of 1688
The Provenance of English Countervailance Theory
The Eighteenth Century, and Montesquieu
8
American Constitutionalism
The Political Theory of the American Revolution
The State Constitutions
The National Constitution
The Bill of Rights and the Judiciary
A Note on Provenance
9
Modern Britain
Archaic Remnants: The Monarchy and the House of Lords
The House of Commons and the Cabinet
The Bureaucracy
The Judiciary
Unofficial Political Institutions: Pressure Groups