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Sir Edward Coke and the struggle for a new constitutional order

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  • Bruce Yandle

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. Copyright George Mason University 1993

Suggested Citation

  • Bruce Yandle, 1993. "Sir Edward Coke and the struggle for a new constitutional order," Constitutional Political Economy, Springer, vol. 4(2), pages 263-285, March.
  • Handle: RePEc:kap:copoec:v:4:y:1993:i:2:p:263-285
    DOI: 10.1007/BF02393082
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    References listed on IDEAS

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    1. Dicey, Albert Venn, 1915. "Introduction to the Study of the Law of the Constitution," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, edition 8, number dicey1915.
    2. Ekelund, Robert B, Jr & Tollison, Robert D, 1980. "Economic Regulation in Mercantile England: Heckscher Revisited," Economic Inquiry, Western Economic Association International, vol. 18(4), pages 567-599, October.
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    1. JEAN-MICHEL Josselin & ALAIN Marciano, 1997. "The Paradox of Leviathan: How to Develop and Contain the Future European State?," European Journal of Law and Economics, Springer, vol. 4(1), pages 5-22, January.
    2. Jean-Michel Josselin & Alain Marciano, 2000. "Displacing your Principal. Two Historical Case Studies of Some Interest for the Constitutional Future of Europe," European Journal of Law and Economics, Springer, vol. 10(3), pages 217-233, November.

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