The High Court of Parliament and Its Supremacy (1910)

The High Court of Parliament and Its Supremacy (1910)

An Historical Essay on the Boundaries Between Legislation and Adjudication in England

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Highly acclaimed when it was published, this remains a classic. McIlwain [1871-1968], a professor of history at Harvard University for more than three decades, developed—with a particular emphasis on Parliament's role as a judicial body—Pollock and Maitland’s thesis from their landmark work The History of English Law Before the Time of Edward I (1895) that Parliament was not a legislature in the modern sense; it was an administrative and judicial instrument of the crown. Oliver Wendell Holmes praised the work in a May 8, 1918 letter to Harold J. Laski: "... it left me greatly admiring it...