Constitutions Codes

"Gives the reader a portrayal of the social institutions of a Germanic people far richer and more exhaustive than any other available source."—from the Foreword, by Edward Peters From the bloody clashes of the third and fourth centuries there emerged a society that was neither Roman nor Burgundian, but a compound of both. The Burgundian Code offers historians and anthropologists alike illuminating insights into a crucial period of contact between a developed and a tribal society.

This book describes an astounding feat of constitutional writing and publication. For a number of decades, officials working across different branches of the United Kingdom (UK) constitution have been engaged in a series of separate projects. Taken in their totality, they amount to a vast enterprise. Yet, until now, no-one has fully recognised or critically analysed what has taken place. There has been a proliferation in the UK of publicly available codes, normally lacking a basis in statute, providing official accounts of a variety of different features of UK constitutional rules and principles. They cover institutions ranging from the Cabinet to the Civil Service to the judiciary, and relationships between entities such as central government and the devolved executives; and between the UK executive and the Westminster Parliament. Among them are prominent texts such as the Ministerial Code, the Cabinet Manual, the Guide to Judicial Conduct and the devolution Memorandum of Understanding – as well as more obscure documents that nonetheless contain important stipulations regarding the operation of the system. Similar developments have taken place in countries including Australia, Canada and New Zealand. The author explores the history of this phenomenon in the UK, how it functions today here and elsewhere in the Commonwealth, and its implications for the UK constitution.

Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

The separation of powers is an idea with ancient origins, but nowadays it is largely relegated to legal doctrine, public philosophy, or the history of ideas. Yet the concept is often evoked in debates on the 'war' on terrorism, the use of emergency powers, or constitutional reform. Strong Constitutions boldly places the separation of powers on a social scientific footing, arguing that it emerged with the spread of literacy, became central to constitutional thought after the Gutenberg revolution, and faces unprecedented challenges in our current era of electronic communication. Constitutional states use texts to coordinate collective action, and they do so by creating governmental agencies with specific jurisdiction and competence over distinct types of power. Among them are the power to make decisions backed by legally sanctioned coercion; the deliberative power to make procedurally legitimate laws; and the judicial power to interpret and apply laws in particular circumstances. The division of government into three such branches enables state officials and citizens to use written texts-legal codes and documents, including constitutions-along with unwritten rules and conventions to coordinate their activities on larger scales and over longer time horizons. Cameron argues that constitutional states are not weaker because their powers are separated. They are generally stronger because they solve collective action problems rooted in speech and communication. The book is a must read for anyone interested in the separation of powers, its origin, evolution, and consequences.

Pharr, Clyde. The Theodosian Code and Novels and the Sirmondian Constitutions: A Translation with Commentary, Glossary, and Bibliography. [Princeton]: Princeton University Press, 1952. xxvi, 643 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 2001023441. ISBN 1-58477-146-1. Hardcover. * Definitive scholarly English translation of the Theodosian Code, which was the Code of laws that regulated Roman life at its apex before the era of Justinian. The structure and scope of this text illustrate the complexity of the legal system of this fascinating era and the ultimate fall of the Roman empire. Marital law, adultery and inheritance; libel; the military; pardons; government administration; tax and tax appeals; fiscal law, debtors, and petitions; notification of suit; the secret service; land matters; gladiators, conscripted labor and compulsory public service, slavery and manumission, including the restriction of Jews against ownership of Christian slaves; the relationship of church and state and much more are covered. With thorough introduction, commentary, glossary, bibliography. Well-indexed.