La découverte du droit constitutionnel britannique dans une colonie francophone : la Gazette de Québec, 1764-1774

Type of resource
Author/collaborator
Title
La découverte du droit constitutionnel britannique dans une colonie francophone : la Gazette de Québec, 1764-1774
Abstract
The author points out that contrary to what many have assumed, after the Conquest of 1760, educated people were not unaware of the ebb and flow of ideas occurring during their era. Indeed, the Quebec Gazette, which was entirely bilingual, reproduced and translated many articles taken from English, French and North American newspapers. In France the absolutist conception of monarchy was being challenged, but it prevailed in the end. In England, freedom of the press and elections gave rise to numerous political or legal debates and led to important demonstrations. Accounts of trials or of parliamentary debates allowed one to become familiar with important principles of British Constitutional Law, such as parliamentary supremacy, the role of trial by jury or habeas corpus. In the American colonies, the necessity of obtaining the people's consent before imposing taxes was being discussed, as well as the authority of Governors and the rights of elected representatives. Furthermore, juries often dismissed claims based on imperial laws that had imposed new taxes; they condemned public officers to pay large amounts for damages inflicted, supposedly because they had acted illegally. Thus by 1774, the author argues, the former inhabitants of New France, now the "new subjects" of Britain, had access to information that allowed them to understand the benefits of their new status.
Publication
Revue juridique Thémis
Volume
Vol. 47
Issue
no. 2
Pages
319-355
Date
2013
Language
fr
URL
Citation
Morin, Michel. “La découverte du droit constitutionnel britannique dans une colonie francophone : la Gazette de Québec, 1764-1774.” Revue juridique Thémis Vol. 47, no. 2 (2013): 319–355. https://ssl.editionsthemis.com/uploaded/revue/article/16483_Morin-2.pdf.
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