ROD Review: Prologue Section 3
Medieval to Early Modern Influences on Democracy
Magna Carta - 1215
King John signed the “Great Charter” under pressure from the nobles Guaranteed the rights of nobles, the church, and limited John’s authority Gave “Common Counsel” the right to approve taxes, pass laws, and act as the King’s advisors. Suggests ‘the rule of law,’ trial by jury, habeas corpus, ‘no taxation without representation’ Brief, vague, and restricted, nevertheless of great symbolic importance - constitutionalism
Magna Carta
“...here is a law which is above the King and which even he must not break. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it.” - Sir Winston Churchill
The Development of Parliament
Henry III, who was King after John, had a group of advisers who helped him govern England. 1295 King Edward I called the Model Parliament
He included lesser knights & some burgesses What affects all, by all should be approved
By late 1300’s this group developed into a national legislature = Parliament The King ruled but Parliament took over the day-to-day work of governing(+”pwr of the
Purse”)
The Development of Parliament
Parliament was split into 2 houses: The upper house or House of Lords and the lower house or House of Commons. House of Lords - grew out of a group of nobles & bishops. House of Commons - made up of representatives of towns and counties.
From Civil War to Glorious Revolution
Charles I (r. 1625-1649) Petition of Right (1628) Ship money and monopolies High-Church Anglicanism The Civil War (1642-1645) Oliver Cromwell (1599-1658) and the Protectorate (1653-1660) The Restoration Charles II (1660-1685) James II (1685-1688) The Glorious Revolution(1688-89) The English Bill of Rights (1689)
The Limits of Constitutionalism
The Glorious Revolution
In 1688, Parliament removed King James and placed William and Mary on the throne.
Why? Religion: he was Catholic in a protestant country
It demonstrated that Parliament’s power was now greater than the King’s. Parliament’s power came from English citizens and no ruler’s power would be greater than that of the legislature.
The Glorious Revolution
It was a bloodless revolution Wm & My signed the English Bill of Rights (1689) which limited their power Parliament passed Act of Toleration – gave all Protestants the right to worship (but not Catholics)
Now we are in charge!!!
English Bill of Rights
Recognized specific rights
The King cannot pass or suspend laws without the consent of Parliament. The people must have the right to petition the King. Only Parliament could authorize the keeping of an army during peacetime. Certain people should have the right to bear arms. Excessive bail or fines should not be imposed,; nor cruel or unjust punishment be meted out. Affirmed Habeas Corpus
Constitutionalism
Forcing monarchs to agree to limit their power and share it with others Constitutionalism emerged in England as a result of changes in society and economy similar to those that brought absolutism to France Interestingly, England…
Has no written constitution
Parliament and Elizabeth I
England has: Common Law
If enough people follow a certain law, then the law exists, even if it is not written. Early on, England had no written laws. The monarch or king could make and change laws at will. The monarch or king could also punish citizens for breaking laws or at will. Over centuries, a system of courts was developed in England and their decisions were the basis of a system of law.
Common Law
When judges were asked to render a decision on a case, they often looked for a precedent or a ruling in an earlier case that was similar. This system of law, based on precedents, is known as common law. American common law is similar. Today, our laws about property, contracts, and personal injuries are based on English common law.
England’s Limited Monarchy
King’s power was not absolute!! All citizens have the protection of “due process”
i.e. no more Star Chamber”