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An Early Tragedy Of Comparative Constitutionalism: Frank Goodnow And The Chinese Republic, Jedidiah Kroncke
An Early Tragedy Of Comparative Constitutionalism: Frank Goodnow And The Chinese Republic, Jedidiah Kroncke
Washington International Law Journal
This article recovers a lost episode in the neglected early history of comparative constitutionalism in the United States. In 1913, pioneering comparative lawyer Frank Goodnow went to China to assist the new Chinese Republic in the writing of its first constitution. Goodnow’s mission reflected the growing interest of the United States in China’s legal development in this era, and his constitution-writing project won broad support from the U.S. legal profession. Goodnow’s tenure ultimately generated great controversy when he advised China’s leaders to adopt a constitutional monarchy rather than continue on as a republic. This article describes this controversy and how …
Patriation Of The Canadian Constitution: Comparative Federalism In A New Context, William C. Hodge
Patriation Of The Canadian Constitution: Comparative Federalism In A New Context, William C. Hodge
Washington Law Review
The Canadian constitution, also known as the British North America Act, 1867, has been "patriated." Of that bundle of sticks that, fastened together, constitute sovereign autonomy, a significant few continued to rest with the British Parliament until 1982—a condition the Canadians found humiliating and the British embarrassing. With the passage of the Canada Act by the Parliament of the United Kingdom on March 29, 1982, and with royal approval, the Canadians became masters of their own house, having gained complete internal powers of constitutional amendment. But an equally important constitutional event was the process of patriation itself inasmuch as it …