Constitutionalism before 1789

The great era of constitutionalism spans from the American revolution

of 1776 to the octroyed French constitution of 1814. Yet, the

European constitutional mechanisms and way of reasoning can be

traced much further back. This volume displays the need to expand,

restrain and at the same time legitimise state power from the 12th

century and beyond the great era of constitutionalism in order to

demonstrate its historical reach.

The Church was an early example of a state-like and centralised

power, and thus contributed greatly to the development of a state

organised Europe. This volume examines the Church as a driving

force behind constitutional reasoning and as a developer of constitutional

practice throughout the Middle Ages. Feudal law, with its

contractual based system of rights and duties, could regulate society

on several levels and thus was another source for constitutional reasoning

and practices.