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Organic constitutions and common law

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  • Bruce Yandle

Abstract

Constitutions may be viewed as purely political instruments developed by wise and strong leaders and imposed on a loosely organized society. The alternate view taken in this paper sees a nation's constitution as being rooted in the norms of individuals that form communities and states. Constitutions grow from within; they are not imposed from outside. The history of constitutional development in England is part and parcel of the history of Common Law, which growing informally from small groups finally encompassed the nation-state to form a basis for constitutional government. The integrity of the law was rooted in the integrity of the individuals that formed the constitutional community. Copyright George Mason University 1991

Suggested Citation

  • Bruce Yandle, 1991. "Organic constitutions and common law," Constitutional Political Economy, Springer, vol. 2(2), pages 225-241, March.
    • Handle: RePEc:kap:copoec:v:2:y:1991:i:2:p:225-241
    DOI: 10.1007/BF02404429
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    Cited by:

    1. Benson Bruce L., 1992. "The Development Of Criminal Law Ans Its Enforcement: Public Interest Or Political Transfers?," Journal des Economistes et des Etudes Humaines, De Gruyter, vol. 3(1), pages 79-108, March.
    2. JEAN-MICHEL Josselin & ALAIN Marciano, 1997. "The Paradox of Leviathan: How to Develop and Contain the Future European State?," European Journal of Law and Economics, Springer, vol. 4(1), pages 5-22, January.

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