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European Constitutional Law Review European Constitutional Law Review

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Rex, Lex et Judex

Montesquieu and la bouche de la loi revisited

Published online by Cambridge University Press:  09 September 2008

K.M. Schönfeld
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Abstract

Doubts about the traditional, positivistic interpretation of Montesquieu's ‘bouche de la loi’-text – Reading Montesquieu in his historical context – England and France: judge made law and parlementaire ideology – Natural law context – Lex animata, lex loquens: King versus judge – The Ciceronian and English background of the ‘bouche de la loi’ – The Fronde and les Mazarinades – George Buchanan, Sir Edward Coke and Calvin's Case

Keywords

Bouche de la loiEnglandFranceJudge made lawMontesquieuParliamentSeparation of powers
Type
Articles
Information
European Constitutional Law Review , Volume 4 , Issue 2 , June 2008 , pp. 274 - 301
Copyright
Copyright © Asser Press 2008

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