What were the british origins of American constitutionalism? Lesson 4

Parliament England was always to large for one person to effectively rule the country. England introduced the idea of feudalism to country to help control the area. For a very long period of time, British law was nothing more than local traditions and customs. However, each separate town would have its own ideas of government.

Parliament Kings would hire advisors to help them keep the peace with the locals. These advisors were usually needed to help determine what the locals wanted/needed. These groups of advisors came to be known as parliaments. Eventually these would evolve into the present day Parliament, which is very similar to our Congress.

Parliament For a long period of time, Parliament was seen nothing more as a way to make money. Although Kings and Queens never actually liked the way Parliament was gaining power, they would ignore this due to the fact that Parliament was the chief financial agent. Parliament evolved into the voice of the people. Individuals were more likely to find an audience with Parlimanet rather than the King.

English Common Law As in every legal system, the English had special judges to decide court cases. England was still divided in the fact that towns were largely independent of a higher authority. Therefore, since each town had its own customs and traditions, it was very difficult for judges to make decisions on cases. These judges were required to learn the law of each individual area.

Common Law “Common Law” was created because it was necessary for judges to have consistency in their decisions. This was the first form of national law in England. Judges were then required to write down and explain their decisions so that other judges could have guidance in the future. These “precedents,” would be a standard for law all over the world.

The Rights of Englishmen After a period of time, many judicial decisions started to show a trend. Many English monarchs and royal judges began to recognize these basic rights: The right to trial by jury of one’s peers under the law of the land Security in one’s home from unlawful entry Limits on government’s power to tax

Magna carta The first ever English written law was the Magna Carta, or the “Great Charter.” After a bloody civil war, King John of England was required to sign the document. The Magna Carta did not actually give new rights to individuals. It simply acknowledged the English Common Law that had been assumed for a long period of time.

Magna Carta The Great Charter confirmed: Rule of Law: The principle that every member of society, even rulers, must obey the law. Basic Rights: The promise to respect the ancient liberties and free customs. Government by agreement or contract: An agreement to give consent to be governed. PAGE 30

THE BRITISH CONSTITUTION THE BRITISH CONSTITUTION IS MADE FROM THREE DOCUMENTS: MAGNA CARTA (1215) PETITION OF RIGHTS (1628) ENGLISH BILL OF RIGHTS (1689)

PETITION OF RIGHTS Came as a result of king Charles i need for money to continue fighting with France and Spain The Petition of Right guaranteed that taxes will not be raised without the consent of the government. Soldiers can not be quartered in homes HABEAS CORPUS

HABEAS CORPUS You can not be arrested without having evidence presented against you in a court of law No one can be held in prison without reason or for an extended period of time.

ENGLISH BILL OF RIGHTS After the English Glorious Revolution, a foreign prince was asked to take over the thrown. Before he could take over, he had to agree to the bill of rights. Rule of Law: The foundation of government Representative Government: This is the only legitimate form of government PAGE 32