Professor M.C. Mirow has published an article, Pre-Constitutional Law and Constitutions: Spanish Colonial Law and the Constitution of Cádiz, 12 Washington University Global Studies Law Review 313-337 (2013). The work studies the different ways that laws in existence at the time of drafting constitutions are used in the constitutional process and in the constitutional text itself. The study makes particular use of derecho indiano, the Spanish colonial law applied in the Americas, as it provided a common base of legal knowledge about the Americas, a ready source for answers to specific legal questions, and a rhetorical tool in justifying the historical validity of the Spanish Constitution of 1812. This constitution was the first constitution to govern the territory now known as Florida, and last year Mirow published a translation and commentary on it entitled Florida’s First Constitution, the Constitution of Cádiz.
Posted in: Faculty News