As America teeters on the brink of its 250th anniversary as a sovereign republic in 2026, a fog of uncertainty shrouds the true meaning of freedom, rights too often reduced to slogans amid partisan strife. Counterintuitively, the surest path to clarity lies not in our revolutionary origins but in peering back at our mother country’s ancient constitutional tapestry. There, the British constitutional historian David Starkey emerges as a Virgil-like sage, charting England’s republican-monarchical tradition. As we approach the anniversary of our independence, it is worth revisiting his analysis of how the English “crowned republic”—a monarchy tempered by communal consent—seeded American ideals of limited government, sidestepping the Puritan radicals’ chaotic bid to dismantle the throne altogether.
Starkey is widely celebrated for his penetrating studies of English political development and its enduring institutional legacy. Best known for works such as Magna Carta: The True Story Behind the Charter, Crown and Country, and The Monarchy of England, Starkey combines archival depth with a keen ability to connect historical evolution to modern governance. He presents the English constitutional order as a living organism—shaped not by abstract theory but by centuries of pragmatic adaptation, legal precedent, and civic habit.
The English Constitution, often praised for its continuity and resilience, represents for Starkey a historical evolution rather than a philosophical creation. He offers a trenchant critique of rights-based and universalist narratives of liberty, arguing that England’s constitutional character and its profound influence on the American founding emerged from tradition rather than theory. The liberties embodied in representative assemblies, trial by jury, and the balance of powers, he contends, were not Enlightenment inventions but refinements of England’s deep-rooted constitutional inheritance. For American readers, Starkey’s work serves as a reminder that the republic they built, though revolutionary in form, was grounded in the slow, empirical wisdom of the English political tradition.
For Starkey, the liberties embedded within English law and political practice did not emerge from revolutionary theory but from centuries of habitual negotiation, practical governance, and the incremental development of institutions. To understand this perspective, one must trace the evolution of the English Constitution, examine Starkey’s critique of Hobbesian and Lockean abstractions, and situate the American Founders’ adoption of English republican practices alongside the selective influence of Montesquieu.
David Starkey argues that the English republican tradition originally arose from a monarchial one, where a “crowned republic” blended regal symbolism with republican limits. This view of this blended monarchial tradition arises from three medieval pillars: John of Salisbury’s Policraticus (1159), Sir John Fortescue’s De Laudibus Legum Angliae (c. 1470), and Magna Carta (1215). Salisbury’s “body politic” metaphor portrays the king as the head accountable to law and realm, thereby distinguishing England’s dominium politicum et regale, a hybrid rule under custom and counsel, from France’s absolute dominium regale. Fortescue elaborates on this in praising England’s co-created laws and parliamentary consent, which bars tyranny through shared sovereignty. Magna Carta enacts these ideals, enforcing due process and prohibiting taxation without consent, thereby transforming the feudal pact into a constitutional restraint. Together, Starkey contends, they forge a kingship conditional on the common good, evolving through communal oversight to ensure monarchical stability.
Starkey asserts that the American Founding drew directly from English inheritance.
Starkey situates the origins of English liberty in lived historical experience. From Magna Carta to the post-Glorious Revolution settlement (1688), English governance evolved through continuity, negotiation, and local autonomy. Key elements, such as due process, trial by jury, representative assemblies, and an uncodified but flexible constitution, arose organically from custom, habit, and precedent. This gradual evolution fostered a political culture deeply habituated to compromise and incremental adaptation. For instance, the reassertion of parliamentary power after the Civil Wars and Restoration was the product of centuries-long negotiation among monarch, lords, and commons, not abstract theory. Power in England, Starkey contends, has always been practical and dispersed, a republicanism embedded in institutional memory and pragmatic engagement.
By contrast, Starkey critiques the rights-based frameworks of Thomas Hobbes and John Locke. Hobbes’ Leviathan imposed a rigid social contract, while Locke’s natural rights (such as life, liberty, and property) claimed universality. Both, Starkey argues, are dangerously abstract, ignoring historical specificity, privileging individual claims over collective stability, and justifying interventions that destabilize societies. Modern examples, from US military interventions in Iraq and Afghanistan to domestic polarization over abortion and other rights, illustrate these risks. The English Constitution, instead, embeds liberty in practices, procedures, and institutions, emphasizing continuity and adaptability over theoretical universality.
Starkey further asserts that the American Founding drew directly from this English inheritance. The Framers were “already free,” inheriting English law and colonial self-governance. They mirrored English institutions: the presidency echoes George III’s executive role, the Senate resembles the House of Lords, and the House of Representatives parallels the Commons. Even procedural offices, from the Speaker to the Sergeant at Arms, reflect the continuity of parliamentary tradition. Federalism addressed the practical challenge of a continent-spanning republic, yet the core republican structure—habits, customs, and embedded liberties—remained unmistakably English. By transplanting practical governance rather than philosophical abstractions, the Framers ensured the endurance and adaptability of American self-government, unlike revolutions lacking historical grounding, such as the French Revolution, which often descended into instability and violence.
To fully appreciate Starkey’s historiographical project, it is instructive to juxtapose his argument with the influence of Montesquieu, whose Spirit of the Laws (1748) profoundly shaped the thinking of the American Founders. Analyzing post-Glorious Revolution England, the Frenchman argued for the separation of powers into legislative, executive, and judicial branches as essential to preserving liberty and preventing tyranny. His approach was systematic and universalizing, offering a theoretical framework to codify what he saw as England’s practical success. James Madison, in Federalist #47, explicitly cited Montesquieu to defend the tripartite system, while other Framers, including Alexander Hamilton, used his ideas to justify checks and balances. Montesquieu’s influence was transformative in the sense that it provided a coherent, analytical template for embedding checks into the new US Constitution, ensuring that ambition would counter ambition and no branch could dominate unchecked.
Yet Starkey remains skeptical of this intellectual genealogy. He portrays Montesquieu as a secondary actor at best, whose praise of England’s liberties abstracts and simplifies a complex historical reality. In Starkey’s view, the separation-of-powers model risks over-formalizing the English experience, imposing rigid divisions where practical governance relied on flexible, habitual negotiation. Montesquieu’s theoretical lens, Starkey contends, can lead to gridlock and institutional friction, whereas England’s uncodified constitution demonstrates that liberty evolves from cultural practice rather than universal prescription. The American Founders, steeped in English legal and political habits, selectively adopted Montesquieu’s ideas not as foundational principles but as convenient rationalizations for a codified structure that nonetheless retained the DNA of English republicanism.
The tension between inherited political practice and abstract principle lies at the heart of modern constitutionalism, distinguishing the perspectives of David Starkey and Montesquieu. For Starkey, political order emerges from lived tradition, not universal theory. England’s constitution evolved over centuries through practical adjustment, from medieval precedents to the post-1688 settlement, rather than from any formal doctrine of separated powers. To him, the “separation of powers” is a “tawdry French import,” imposed by pamphleteers like Bolingbroke and later misapplied by theorists. England’s stability rested on the subtle interdependence of Crown, Lords, and Commons; attempts to impose Montesquieu’s rigid logic disrupted this organic equilibrium.
Montesquieu, in contrast, transformed England’s experience into a universal principle. In The Spirit of the Laws, he recast its mixed constitution as a model of institutional checks and balances, channeling ambition into restraint. The American Founders embraced this analysis, codifying separation of powers in Articles I–III to institutionalize the English genius for balance within a republican framework. What Starkey sees as a misreading, the Founders saw as deliberate design.
Starkey emphasizes inherited habits as the source of enduring liberty: jury trials, representative assemblies, and the rule of law flourish through continuity and moral-cultural practice. Montesquieu’s influence, however, encouraged the Founders to universalize those habits into theory. America’s political order, then, stands between these poles: practical English inheritance transformed into conscious constitutional design. Today, the tension persists: Starkey warns that abstraction breeds instability, while Montesquieu asserts that liberty relies on structure and balanced ambition. Modern constitutionalism continues to navigate this interplay between history and principle.
The contrast between Starkey’s empiricism and Enlightenment abstraction also illuminates broader historiographical debates about the nature of political liberty. Whereas Enlightenment thinkers like Hobbes, Locke, and Montesquieu valorized universal principles, Starkey champions historically situated pragmatism. The English experience demonstrates that liberty is not a fixed entitlement derived from abstract reasoning, but a mutable, negotiated practice that emerges from centuries of incremental adaptation. Trial by jury, representative assemblies, and parliamentary oversight did not appear as abstract rights; they were cultivated through habit, conflict, and compromise, allowing English society to absorb shocks such as civil war and revolutionary upheaval without losing continuity. In this light, the American Founders’ success lies in their transplantation of an organic constitutional culture rather than the mechanical application of universal principles.
Liberty emerges through continuity, negotiation, and institutional memory—cultivated over generations, not merely proclaimed in theory.
Starkey’s perspective also challenges the teleological view of history that casts the US Constitution as a triumph of Enlightenment rationalism. By foregrounding English legal and political inheritance, he reframes the American Founding as less a revolutionary rupture than a careful reworking of inherited norms. Federalism, codified checks and balances, and written procedural rules were innovations that brought scale and clarity, rather than foundational departures from English tradition. The US Constitution, then, is best understood not as a theoretical blueprint for liberty but as the institutional crystallization of practical English habits adapted to an expansive and diverse polity.
Starkey’s critique extends beyond historical analysis into contemporary political debate, warning against the risks of imposing abstract, universalist rights without regard for cultural and institutional realities. The lessons of Iraq and Afghanistan, alongside persistent domestic polarization over constitutional interpretation and rights claims, underscore the enduring relevance of his argument. Societies that transplant universalist doctrines without the scaffolding of historical habit and institutional memory are prone to instability, a problem England largely avoided through centuries of incremental evolution.
David Starkey’s historiography offers a compelling reinterpretation of the English Constitution’s contribution to political liberty and its influence on the American founding. By privileging organic, historically grounded traditions over abstract philosophical reasoning, he reframes debates over rights, liberty, and republican government. In his view, the American Constitution represents an adaptation of centuries of English self-governance rather than a radical invention based on universal abstractions. While Enlightenment thinkers like Montesquieu provided analytical frameworks that shaped the formal architecture of the state, their influence remained subordinate to the practical inheritance of English habits and institutions. Liberty, in this view, emerges through continuity, negotiation, and institutional memory—cultivated over generations, not merely proclaimed in theory.
Starkey’s argument resonates closely with the work of conservative scholars of the American founding. Like Russell Kirk in The Roots of the American Order, he emphasizes the inheritance of moral and institutional traditions, showing that liberty is nurtured through habits and prudential negotiation rather than imposed by abstract principles. Forrest McDonald in Novus Ordo Seclorum similarly highlights the historically grounded, practical nature of the US Constitution, portraying the Framers as skilled practitioners of English institutional models rather than idealists of universal rights. M. E. Bradford in Original Intentions aligns with this view, underscoring the Framers’ commitment to continuity, incremental adaptation, and procedural safeguards derived from English law. Across all three accounts, there is a shared skepticism toward abstract rights: stable governance emerges from historically rooted practices, institutional memory, and a careful calibration of power among competing actors. Starkey, therefore, can be situated within this intellectual tradition, demonstrating that the endurance of Anglo-American political order rests on prudence, precedent, and the cultivation of civic habits.
