Constitutionalism and the Separation of Powers by M J C Vile

By M J C Vile

Vile lines the historical past of the doctrine from its upward push through the English Civil struggle, via its improvement within the eighteenth century - via next political idea and constitution-making in Britain, France, and the USA.

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R. Gardiner, Constuunonal Documents of the Puntan Revolution, Oxford, 1906, p 452 46. Rights of the Kingdom, London, 1649, p 86 F D Wormuth descnbes this as a "political sport," but in View of the context in which It occurs and the other wntmgs wluch occur at this time It ISdifficult to see It qUite m this light See The Ongms of Modem Constttuttonaltsm, New York,1949,PP 60-61 47. An Exammahon of the Poluical Part of Mr Hobbs his Leviathan, London, 1657,p 8 This work IS more fully discussed m Ch ).

At the end of the sixteenth century it was in France rather than in England that this demand seemed to be on the point of being formulated, for in France the extreme difficulties of the Huguenots were such as to stimulate such an approach. "67 Charles I made an acknowledgment of the doctrine in his reply to the Nineteen Propositions of 1642. It was at the height of the theory's popularity that the attempt to make it fit the circumstances after 1641 brought forth a new and different theory, the separation of powers.

Dallison avoided the use of the term "executive power," for 45 Article 5 S. R. Gardiner, Constuunonal Documents of the Puntan Revolution, Oxford, 1906, p 452 46. Rights of the Kingdom, London, 1649, p 86 F D Wormuth descnbes this as a "political sport," but in View of the context in which It occurs and the other wntmgs wluch occur at this time It ISdifficult to see It qUite m this light See The Ongms of Modem Constttuttonaltsm, New York,1949,PP 60-61 47. An Exammahon of the Poluical Part of Mr Hobbs his Leviathan, London, 1657,p 8 This work IS more fully discussed m Ch ).

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