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constructive treason
Constructive treason is the judicial extension of the statutory definition of the crime of treason. For example, the English Treason Act 1351 declares it to be treason "When a Man doth compass or imagine the Death of our Lord the King." This was subsequently interpreted by the courts to include ''imprisoning'' the king, on the ground that history had shown that when a king is held captive by a usurper, he often dies in captivity.〔Specifically Edward II, Richard II, Henry VI, Edward V, and Charles I. See Edward Coke's ''Institutes of the Lawes of England'', (Third Part ), chapter 1: "He that declareth by overt act to depose the king, is a sufficient overt act to prove, that he compasseth and imagineth the death of the king."〕 Despite legislative efforts to restrict the scope of treason, judges and prosecutors in common law jurisdictions still succeeded in broadening the reach of the offence by "constructing" new treasons. It is the opinion of one legal historian that:
==England and Great Britain==
Ironically, the first attempt to constrain the development of constructive treasons in England was the 1351 Act itself. Its preamble states that Parliament had decided to define treason by statute for the first time because the common law definition had expanded so widely (however this had not been constructive treason, since until 1351 treason had always been defined by judges, not by legislation). The Act ended with a clause which prohibited further judicial development of the offence:
As noted above, this was not entirely successful. From the seventeenth century, English courts refined and extended the law of treason,〔Knight, p. 142〕 tolerated by Parliament, which sometimes even enshrined these new constructive treasons in new statutes — imprisoning the king became written into the Treason Acts of 1661 and 1795. By the nineteenth century, however, Parliament had established itself as the main source of new crimes, as the volume of legislation increased, and the ancient common law tradition of judges creating new crimes fell into disuse.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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