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Chapter 23 - The Constitution

from Legal and Social Culture

Published online by Cambridge University Press:  16 January 2020

Nancy E. Johnson
Affiliation:
State University of New York, New Paltz
Paul Keen
Affiliation:
Carleton University, Ottawa
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Summary

There is a familiar problem that attaches to any attempt to survey the English constitution at pretty much any moment in history. And it comes down to this: was there one? The reason for the confusion is of course just as familiar. Whatever passes for an English constitution is “unwritten.” The same question might be asked in other jurisdictions. But the presence of a document that claims to be a “constitution” at least prejudices the response. However, in England there is no written constitution, just what the later Victorian commentator Mountstuart Grant Duff would term a “strange abstraction.”1 The problem was given famous expression by Alexis de Tocqueville in his Democracy in America, published in 1840. In England, he observed, “the Constitution can change constantly, or rather it does not exist at all.”2 Tocqueville rather evidently preferred the American way, a written constitution enumerating lots of rights. In this he was not alone. Successive revolutions, in America and then France, at the end of the eighteenth century had stimulated considerable debate as to how best to reform and perhaps write an English constitution. It was a conversation that Mary Wollstonecraft entered with a characteristic vigor. We will shortly take a closer look at what she had to say. But first we need to set the scene, to revisit the larger conversation.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • The Constitution
  • Edited by Nancy E. Johnson, State University of New York, New Paltz, Paul Keen, Carleton University, Ottawa
  • Book: Mary Wollstonecraft in Context
  • Online publication: 16 January 2020
  • Chapter DOI: https://doi.org/10.1017/9781108261067.023
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  • The Constitution
  • Edited by Nancy E. Johnson, State University of New York, New Paltz, Paul Keen, Carleton University, Ottawa
  • Book: Mary Wollstonecraft in Context
  • Online publication: 16 January 2020
  • Chapter DOI: https://doi.org/10.1017/9781108261067.023
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Constitution
  • Edited by Nancy E. Johnson, State University of New York, New Paltz, Paul Keen, Carleton University, Ottawa
  • Book: Mary Wollstonecraft in Context
  • Online publication: 16 January 2020
  • Chapter DOI: https://doi.org/10.1017/9781108261067.023
Available formats
×