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Alternative title:

John Fortescue — the concept of absolute monarchy and the authority of power

Subject and Keywords:

Fortescue   absolute monarchy   limited monarchy   English Constitution

Abstract:

Sir John Fortescue is considered one of the classic figures of English constitutionalism. In popular opinion, his thought gave rise to a mixed monarchy and the development of the English concept of parliamentary rule. These opinions, however, overlook the important feudal context of Fortescueʼs reflection. In this article the author tries to show that his concept is closer to absolute monarchy than constitutional one. By referring to the Holy Scriptures, Thomas Aquinas, Giles ofRome, Ptolemy of Lucca, and the English legal tradition, he creates a concept in which the king is subject to the law and at the same time stands above it. His concept of dominium regale et politicum, combining respect for the rights of subjects with royal prerogative, is also a description of the English Constitutional practice of the Lancastrian period.

Date issued:

2020

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 0239-6661   ISSN 0137-1126

DOI:

10.19195/2300-7249.42.4.12

Source:

PAd P 101182 II

Language:

pol

Abstract Language :

eng

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg