We have here the seeds of constitutionalism as that notionhas come to be understood in Western legal thought.In discussing the history and nature of constitutionalism, acomparison is often drawn between Thomas Hobbes and John Locke who arethought to have defended, respectively, the notion of constitutionallyunlimited sovereignty (e.g., Rex) versus that of sovereignty limitedby the terms of a social contract containing substantive limitations(e.g., Regina). But an equally good focal point is the English legal theorist JohnAustin who, like Hobbes, thought that the very notion of limitedsovereignty is incoherent.
The articles, notes and reviews from the of the Modern Law Review are now available. This issue begins with the published 2017 Chorley Lecture, and features articles on rail franchising, crowdfunding contracts and reconceptualising enduring property relationships. Notes cover recent changes to the UK welfare system and court decisions on cryogenically frozen corpses and the agent-principal relationship in commercial law. The issue also contains a review essay of two new books on constitutional theory, and short reviews of works on damages and human rights, global financial regulation and the right to silence.
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