Comparative legal history is generally understood to involve the
comparison of legal systems in different countries. This is an
experiment in a different kind of comparison. The legal world of
the first Elizabethans is separated from that of today by nearly
half a millennium. But the past is not a wholly different country.
The common law is still, in an organic sense, the same common law
as it was in Tudor times and Parliament is legally the same
Parliament. The concerns of Tudor lawyers turn out to resonate with
those of the present and this book concentrates on three of them:
access to justice, in terms of both cost and public awareness; the
respective roles of common law and legislation; and the means of
protecting the rule of law through the courts. Central to the story
is the development of judicial review in the time of Elizabeth I.
General
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