Using and proving history in constitutional cases

What role does history play in the law, and how are claims about history proved? This lecture explores this question through a series of case studies, with a particular focus on constitutional cases. Claims about law and claims about history are interwoven in the common law. With its apparent neutrality and certainty, history holds a particular appeal for lawyers as an interpretative source. This lecture considers the challenges that come with using and proving historical facts and narratives in constitutional cases, and considers the role that history plays in constitutional texts and adjudication.Support the show