“不可追忆时代”的用途与滥用

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Volume 51 Issue 5

May 2019

Article Contents

Citation: Ming YU. The Use and Abuse of “Time Immemorial”[J]. Academic Monthly, 2019, 51(5): 88-101. shu

The Use and Abuse of “Time Immemorial”

Ming YU

Abstract

The theory of " ancient constitution” makes an important theme in constitutional ideas in near-modern Britain, while its actual status, function and influence have been much misread in both Chinese and western academy. A re-discussion shows that the theory of " ancient constitution” did not occupy an obvious place in the British constitutional discourse in early 17th century, neither a major theoretical source in constitutional debates. In its practice, the " ancient constitution” did not realize its original theoretical aim to restrict the power of the King, and, oppositely, it is used by lawyers to testify absolutism, resulting in the bankruptcy of the theory of " ancient constitution” in its common law form. Although the discourse of " ancient constitution” was still popular superficially in late 17th century, it became, in fact, a " disguise” of the discourse of the newly thriving constitution of the Parliament sovereign, and was declining with its own theoretical crisis. The study of the theory of " ancient constitution” must reiterate its essence of the discourse of ideology, and resume its real historical status and significance by dispelling all unrealistic misreading and myths.
- ancient constitution,
- Pocock,
- British constitution,
- Common law,
- Parliament sovereignty
References
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通讯作者: 陈斌, bchen63@163.com

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沈阳化工大学材料科学与工程学院沈阳 110142

The Use and Abuse of “Time Immemorial”

Ming YU

Available Online: 2019-05-01

Abstract: The theory of " ancient constitution” makes an important theme in constitutional ideas in near-modern Britain, while its actual status, function and influence have been much misread in both Chinese and western academy. A re-discussion shows that the theory of " ancient constitution” did not occupy an obvious place in the British constitutional discourse in early 17th century, neither a major theoretical source in constitutional debates. In its practice, the " ancient constitution” did not realize its original theoretical aim to restrict the power of the King, and, oppositely, it is used by lawyers to testify absolutism, resulting in the bankruptcy of the theory of " ancient constitution” in its common law form. Although the discourse of " ancient constitution” was still popular superficially in late 17th century, it became, in fact, a " disguise” of the discourse of the newly thriving constitution of the Parliament sovereign, and was declining with its own theoretical crisis. The study of the theory of " ancient constitution” must reiterate its essence of the discourse of ideology, and resume its real historical status and significance by dispelling all unrealistic misreading and myths.

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通讯作者: 陈斌, bchen63@163.com

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