Legal History from a European Perspective

LH0730: 1787-1798: the Constitution and the Bill of Rights


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  • 1787: the government of the Union: separation of powers.
  • Executive: the President.
  • Legislative: the Congress.
  • Judiciary; judges and the Supreme Court.
  • The American Constitution is a new pact - not the acknowledgement of existing ancient popular customs.
  • Four innovations: 1) Expression of general priciples; 2) Nature and reason as grounds; 3) Written form; 4) Definition of natural rights.
  • The Constitution above and beyond ordinary laws.
  • ...more
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    Legal History from a European PerspectiveBy Emanuele Conte