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By the second quarter of the fourteenth century, England had developed many attributes of a ‘constitutional monarchy’: one that would later expand and contract, in cycles, across the British Isles. This constitutional monarchy has been subject to many minor recalibrations; more major recalibrations have occurred between 1640 and 1690, and also between 1820 and 1870. To focus on the function and form of this hereditary institution of governance, it can be seen operating in accordance to rules and conventions within three separate if overlapping spheres: that is, the parliamentary, the personal and conciliar, and the judicial.
Judiciaries in England emerged from four interacting historical sources. At the foundation lay the authority of monarchs empowered to judge their subjects’ rights, duties and status by virtue of the regal office. The second form of judiciary arose by royal delegation of decisional power to dedicated judges sitting in permanent courts of common law, or to executive courts with a more political mandate. A third source of judicial power was local and widely distributed, whereby groups or associations or sub-units of government solved disputes and allocated rights and duties as a process of self-direction, taking place for example in manors, boroughs, guilds, and church assemblies.
Chapter 1 sets out the growth of the Province from 1221 to 1348, the different patterns of development in different parts of the British Isles, and what explains them. The first part of the chapter examines who supported the new foundations, how the English and Scottish kings in particular aided them, but also the role played by nobles and townsfolk. The second part of the chapter considers what lay behind this support, by looking at the friars’ life and ministry in relation to their supporters’ needs, how they met them directly, and how their religious life and training within the cloister enabled them to do this.
In many ways, the development of the image of Roman emperors was a search for a way to make the supreme position of the emperor recognisable in an acceptable way, through tools that were already available. Emperorship was never unambiguously defined, other than by the name Augustus. Over time, the range of options which emperors and the inhabitants of the empire had to portray the ruler extended as previously less acceptable modes of representation became normalised. At the same time, there was some sort of congruence in what were typical imperial attributes. The much-discussed ceremonial reforms of Diocletian were a confirmation of practice, rather than a watershed. They did not end the variety of imagery. Expectations of how emperors ought to be described and portrayed continued to differ regionally, medially and between social groups, even when typically imperial modes of representation, with diadem, purple cloak and standardised facial features solidified. Very few typically imperial features, the diadem excepted, were unique to the emperor. For many people, the Roman emperor would always remain a distant figure, far removed from their daily life
This chapter presents a concept of office as the central, organising concept in public law. Public law is, effectively, the law of public offices. An office is a stable, institutionalised social role tantamount to an artificial legal person that is occupied by a person from time to time in virtue of which that person acts ‘outside themselves’ and for the political community as a whole. This is the key to understanding the law of judicial review, which is uniquely concerned with this official mode of action. The concept of office has languished at the margins of public law theory since the nineteenth century reform of the English civil service. Its reinstatement is essential to understand the judicial review of official action beyond statute, and would reinvigorate and enrich public law theory more broadly as well – up to and including the foundation of a powerful conception of the rule of law.
This chapter provides an account of the Crown and its officials (and the relationship between them). This is the first of three chapters that provide fundamental building blocks for the judicial review of non-statutory executive powers. The Crown is an ambiguous term, which can specify the Queen, HM Government, and even the organised political community ('commonwealth') as a whole. Working through these ambiguities is essential in order to describe who is being reviewed (and why), and this entails working through some long-standing questions about the Crown's legal personality and relation to the person who is Monarch. Rejecting the idea that the Crown is a natural person (ostensibly because the Queen is a natural person) is the first step that leads, logically, to a theory of judicial review via a theory of office,official empowerment, and action in an official capacity.
Coupled fire–atmosphere feedback is essential for modeling wildland fire spread, especially extreme fire phenomena. In this chapter, the suite of current and emerging tools capable of modeling this complexity is examined; these tools now dominate fundamental wildland fire research and are starting to be applied to fire operations, training, and planning. Some of the barriers to progress and challenges to validating these tools highlighted in this chapter suggest more emphasis on three areas: a scale-dependent and purposeful approach to comparing model results with appropriate observations, recognizing the limitations of each; the quantification of the errors and under-specifications in fuel properties and the impact of each; and assessing large-scale simulations and directing observations to address priority research gaps, from a position informed by the vast catalog of atmospheric scientific research.
Let X be a finite connected poset and K a field. We study the question, when all Lie automorphisms of the incidence algebra I(X, K) are proper. Without any restriction on the length of X, we find only a sufficient condition involving certain equivalence relation on the set of maximal chains of X. For some classes of posets of length one, such as finite connected crownless posets (i.e., without weak crown subposets), crowns, and ordinal sums of two anti-chains, we give a complete answer.
Caesar, a patrician war hero already from his youth, followed the model of the Scipiones in the combination of a patrician pedigree with a "popular" political stance and the pursuit of military glory. Despite his family connection, he was no "Marian" in the strong sense of reviving and refighting the battles of the 80s. By the time of his entry in 63 on the highest stage of politics, he was known as a popularis of a particular sort: one exceptionally skilled at cultivating the support of the Roman People but not a demagogue or even a significant player in the classic popularis proposals for land redistribution, debt relief, or the like. Caesar’s reputation for "largesse" does not seem to have exceeded the norms of his day, or perhaps even what many of his contemporaries considered to be mere necessity. The best evidence suggests that his objective at this time was, as Sallust writes, to obtain "a great command, an army, a new war in which his excellence could shine forth." But that path lay through the Senate. Like many aristocrats Caesar did not shy away from a feud with a powerful figure (Q. Catulus), but that did not put him at odds with the aristocracy as a whole.
This article notes the judgment in Sophocleous v Secretary of State for the Foreign and Commonwealth Office, in which the High Court dealt with the law applicable to civil claims arising out of alleged acts of torture committed by British military and security services in the colony of Cyprus in the 1950s. The judgment is important because it sheds light on some underexplored corners of choice of law (law governing the external aspects of vicarious liability and of accessory liability in tort) and reaches the conclusion, which runs against the grain of other recent judgments given in civil claims brought against the Crown for the external exercise of governmental authority, that English law governs.
A troubling veil of mystery still shrouds the central institution of the British Constitution – the Crown. In this paper, I examine the modern utility of five historical doctrines: the doctrine of the “King's two bodies”; the doctrine that the Crown is a “corporation sole”; the doctrine that the King can “do no wrong”; the doctrine that (high) public offices are “emanations” of the Crown; and the doctrine that the Crown is “one and indivisible”. Using some insights from social ontology, the history of office in the Western legal tradition, and the sociology of role and status, I argue that the first four of these doctrines can be refashioned into a conception of the Crown as an office. An office is an enduring institutional entity to which individuals bear a relationship from time to time, but which is separate from any individual incumbent and is to be considered in legal analysis as a separate acting subject. Using the logic of office, official personality and official action, I distinguish between the Queen, the Crown, Her Majesty's Government and the Commonwealth and argue that together they provide a serviceable model of the modern British Constitution. The final doctrine, however, must be abandoned – the Crown is plural and divisible and this must be taken into account when using the Crown to reason about the UK's relationship to other constitutional orders.
‘The manner of appointment [of bishops] reflects the delicate balance between the established nature of the Church of England and its autonomous self-governance.’ As with most matters of Church of England ecclesiology and polity, the process of the appointment of bishops in the Church of England is firmly rooted within the reforms of the sixteenth century, but has origins which stretch back to the mediaeval Church. This comment article focuses on the appointment of diocesan bishops in the Church of England.
This article reconstructs a crucial episode in the relationship between the English crown, its subjects and the kingdom's immigrant population. It links the murder of about forty Flemings in London during the Peasants’ Revolt in June 1381 to the capital's native cloth workers’ dissatisfaction with the government's economic immigration policy. We argue that, in the course of the fourteenth century, the crown developed a new policy aimed at attracting skilled workers from abroad. Convinced that their activities benefited the common profit of the realm, the crown remained deaf to the concerns of London's native weavers, who claimed that the work of exiled Flemish cloth workers in the city encroached on their privileges. Confronted for more than twenty-five years with political obstruction, the native weavers increasingly resorted to physical aggression against their Flemish counterparts, which came to a dramatic conclusion in 1381. The dissatisfaction of London's cloth workers and the massacre of the Flemings thus had much in common with the frustrations over the royal government's policy that had been fermenting for decades among many other groups in society: all came to the surface during the Peasants’ Revolt.
The scaling of crown size and trunk diameter with tree height (allometry) was determined for 14 common species of the tropical wet lowland forest at La Selva, Costa Rica. The study showed that allometric differences between species are related to adult size, regeneration niche (gap vs. non-gap) and longevity, as follows: (1) adults of understorey species are larger crowned than similar statured (6–15 m) saplings of canopy trees; (2) species commonly found in gaps as saplings are somewhat larger crowned than shade-tolerant species over the 1–6 m height range; and (3) long-lived canopy species show greater increases in crown breadth with increasing height thandoshort-livedspecies.Trunkallometryisrelated to mechanical requirements for support, including the need to withstand greater wind forces in the upper canopy. The common canopy species, Pentaclethra macroloba, which comprises 40% of the basal area at La Selva, is particularly wide-crowned and thick-trunked at its maximum height. On the other hand, the comparatively narrower crowns and trunks of the other canopy species allow them to reach a given height with less biomass. These differences in allometry may influence tree density and forest structure at La Selva.
The extant royal charters and the historiography of St-Denis offer a perspective on the Capetians that was highly configured by ecclesiastical concerns. From their Robertian origins the Capetians proclaimed their dynastic rights to the crown. The charters of Louis VI and Louis VII announced a new policy towards the commercial groups who converged upon towns in northern France spurred by the revival of trade at the turn of the eleventh century. Except for new attention to townspeople and Suger's ideological formulations Louis VI and Louis VII introduced few governmental innovations. Overshadowed by the might of the Anglo-Norman-Angevins, Philip Augustus was reluctant to respond to the call for the Third Crusade. As an aftermath of Bouvines, the last decade of Philip's reign may be characterized by the expected fruits of victory: peace, prosperity and the re-expression of ideology. Bouvines represented a victory of a Capetian king of the Franks over a Roman emperor.
Let P be a finite, connected partially ordered set containing no crowns and let Q be a subset of P. Then the following conditions are equivalent: (1) Q is a retract of P; (2) Q is the set of fixed points of an order-preserving mapping of P to P; (3) Q is obtained from P by dismantling by irreducibles.
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