Law and Constitutional Change

doi:10.1017/9781009797733

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Edited by David Capper, Queen's University Belfast, Conor McCormick, Queen's University Belfast, Norma Dawson, Queen's University Belfast

Publisher:: Cambridge University Press
Online publication date:: September 2025
Print publication year:: 2025
Online ISBN:: 9781009797733
DOI:: https://doi.org/10.1017/9781009797733
Creative Commons:: This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/creativelicenses

Subjects:: Constitutional and Administrative Law, Legal History, Law

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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 (2012–2023) 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. This title is also available as open access on Cambridge Core.

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Contents

Law and Constitutional Change
pp i-ii
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Law and Constitutional Change - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Dedication
pp v-vi
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Contents
pp vii-viii
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Contributors
pp ix-x
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Foreword
pp xi-xii
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Acknowledgements
pp xiii-xiv
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Editors’ Introduction
pp 1-10
- By David Capper, Conor McCormick, N. M. Dawson
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1 - ‘Another Sort of Treason’
pp 11-26
The Troubled Home of Husband-Killing in Late Medieval Common Law
- By Gwen Seabourne
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2 - The Origins of the Statute of Uses
pp 27-43
- By A. J. Hannay
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3 - Examining the Doctrine of Art and Part in Early Modern Scotland
pp 44-62
- By Stephanie Dropuljic
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4 - The Beginnings of Judicial Review
pp 63-79
- By Sir John Baker
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5 - The Aspirations of James Stuart
pp 80-97
- By Ian Ward
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6 - A British Common Law?
pp 98-121
Public Law after the 1707 Union between England and Scotland
- By Robert Brett Taylor
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7 - Quo Warranto and the Borough Office Holder, 1700–1792
pp 122-146
- By Kevin Costello
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8 - Land, Credit and the Constitution
pp 147-162
Debtor Protections and Catholic Rights in Eighteenth-Century Ireland
- By Julia Rudolph
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9 - Constitutional Change, Law and Grattan’s Parliament
pp 163-180
- By Maike Schwiddessen
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10 - Sir John Ross Bt
pp 181-197
The Last Lord Chancellor of Ireland, 1921–1922
- By Richard McBride
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11 - Lord Birkenhead, Ambiguity and the Irish Border
pp 198-215
Lawyers and the Anglo-Irish Treaty
- By Colum Kenny
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12 - The British–Irish Negotiations on the Drafting of the 1922 Constitution of the Irish Free State
pp 216-236
- By Thomas Mohr
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13 - No Way to Run a Railroad
pp 237-255
The Decline of the Great Northern Railway of Ireland after Partition
- By C. R. G. Murray
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14 - Fortuna Fortes Adiuvat
pp 256-274
The Importance of Individuals in Estonian Constitutional Change
- By Merike Ristikivi, Katre Luhamaa, Karin Sein
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15 - First Nations Constitutional Recognition in Australia
pp 275-293
Addressing Foundational Failures of Rule of Law
- By Gabrielle Appleby, Megan Davis
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16 - The Rise and Fall of the UK Human Rights Act
pp 294-306
- By Brenda Hale
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17 - Courting the Past
pp 307-340
Reconstructing Ireland’s Lost Legal Records, circa 1300–1922
- By Peter Crooks, Timothy Murtagh, Ciarán Wallace, Joel Herman
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Index
pp 341-354
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Law and Constitutional Change

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Accessibility standard: WCAG 2.2 AAA

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