Sir Edward Coke and the struggle for a new constitutional order |
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Authors: | Bruce Yandle |
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Institution: | (1) Department of Legal Studies, Clemson University, 29634 Clemson, SC |
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Abstract: | Modern struggles to form constitutional orders based on liberal principles are fraught with risk. There may be little in the
way of private reward for those who lead the struggle. Such things as free markets, property rights protection amd freedom
to contract are public goods. Ideology is apparently important. At the same time, the successful leader must be equipped with
a number of scarce skills, including knowledge of markets and how they operate. Lessons learned from England's 17th century
constitutional revolution tell us that constitutional entrepreneurs do emerge. Sir Edward Coke, England's most eminent lawyer
of that period, was such a person. Over his lifetime, Coke led an intellectual and political struggle based on his belief
that fundamental law came from the people, that kings and parliament were subservient to Common Law and the Magna Charta.
These were to be the basis of England's constitution. Coke's legal decisions and arguments contain far more than mere assertion.
They reflect impressive understanding of the market process, monopoly restrictions, free trade, and the fundamental force
of freedom to contract. His leadership, fueled by an ideological commitment, was coupled with extraordinary intellect.
The author expresses appreciation for helpful comments and criticisms to William Breit, Robert Ekelund, Roger Meiners, Robert
Staaft, Robert Tollison, Richard Wagner and an anonymous referee of this journal. |
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