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Law and Constitutional Change

Edited by: David Capper, Conor McCormick, Norma Dawson

ISBN13: 9781009797740
To be Published: June 2025
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £115.00



A collection of some of the best papers presented at the 25th British Legal History Conference at Queen's University Belfast in July 2022, Law and Constitutional Change examines the role that law plays when countries experience a major constitutional upheaval. It examines the interaction of law and politics in history across different legal jurisdictions with different legal traditions.

The theme of the conference was 'Law and Constitutional Change' and was inspired by the decade of anniversaries in Ireland (2012–2022) commemorating events from a century ago that began with the Home Rule Crisis and ended with the partition of the country. It studies the changes that occurred at that time in a wider British and Irish as well as international context, with a view to deepening understanding of contemporary debates such as those surrounding Brexit and its longer-term implications.

Subjects:
Constitutional and Administrative Law
Contents:
Editors' introduction
David Capper, Conor Mccormick and N. M. Dawson
1. 'Another sort of treason': the troubled home of husband-killing in late-medieval common law
Gwen Seabourne
2. The origins of the statute of uses
A. J. Hannay
3. Examining the doctrine of art and part in early modern Scotland
Stephanie Dropuljic
4. The beginnings of judicial review
John Baker
5. The aspirations of James Stuart
Ian Ward
6. A British common law? Public law after the 1707 union between England and Scotland
Robert Brett Taylor
7. Quo warranto and the borough office holder 1700–1791
Kevin Costello
8. Land, credit and the constitution: debtor protections and Catholic rights in eighteenth-century Ireland
Julia Rudolph
9. Constitutional change, law, and Grattan's parliament
Maike Schwiddessen
10. Sir John Ross Bt: the last Lord chancellor of Ireland 1921–1922
Richard Mcbride
11. Lord Birkenhead, ambiguity and the Irish border: lawyers and the Anglo-Irish treaty
Colum Kenny
12. The British-Irish negotiations on the drafting of the 1922 constitution of the Irish free state
Thomas Mohr
13. No way to run a railroad: the decline of the great Northern railway of Ireland after partition
C. R. G. Murray
14. Fortuna fortes Adiuvat: the importance of individuals in Estonian constitutional change
Merike Ristikivi, Katre Luhamaa and Karin Sein
15. First nations constitutional recognition in Australia: addressing foundational failures of rule of law
Gabrielle Appleby and Megan Davis
16. The rise and fall of the UK human rights act
Brenda Hale
17. Courting the past: reconstructing Ireland's lost legal records, c.1300–1922
Peter Crooks, Timothy Murtagh and Ciarán Wallace with Joel Herman
Index