British Constitutionalism Flashcards
William the Conqueror
Invades england in 1066
Kingdoms of modern day england were constantly changing rulers
Development of Common Law (law common to all the territory)
what is Common Law
A law common to all areas of the kingdom
How to achieve common law?
Established through precedents
Set up court
Ruling of one court would bind or govern the rulings of all courts in the land.
Courts bound to follow precedent
Stave Decisis
Gives stability and stability which gives legitimacy to Williams Government
Rights of Englishmen (unwritten president)
Develop by precedent and generally applied to the aristocracy
Entitled by a jury of one’s peers (class and people with same issue)
Security in one’s home from unlawful entry
⭐ limitations on the government’s power to tax
Stave Decisis
the legal principle of determining points in litigation according to precedent.
Stare decisis is a legal principle that requires courts to follow previous court decisions when similar cases arise.
Magna Carta
Sign Document or Kill King John
Signed it with a sword to his neck
Magna Carta Ideas
- Rule of Law - every person, including the king, is bound by and governed by and must follow the same law.
- Due Process of law - the government could not take life, liberty or property from a citizen, without following an approved legal procedure. This includes the imposition of Taxes.
What are the 2 Houses of Parliament?
the House of Lords and the House of Commons
the House of Lords - representing the aristocracy and clergy
House of Commons - represented the common people, including knights and burgesses from towns and cities
What was the purpose of Parliament?
a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries
How did kings use Parliament?
For the king gave him support or cover for taxation
Elements of the British Constitution
Precedents
Laws passed by parliament
Treaties
Tradition
Key documents
How did Parliament help regular citizens and nobles?
Gave both nobility and “common” people a place to air grievances
Key British Documents
Magna Carta (1215)
Petition or Rights (1628)
Bill of Rights (1689)
How did British documents shape American colonists’ understanding of British citizenship and government?
establishing the concept of limited government, individual rights, and the right to due process, which colonists believed they were entitled to as subjects of the British crown. Gave them a basis of what they wanted in the U.S. Government
By the time of the American Revolution, what expectations did American colonists have of their government?
They expected to have natural rights and a say in government.
Mercantilism
economic theory that predates capitalism
- Limited cap on the amount of wealth in the world
Spanish Example (1492-1560)
- Extracted 100 tons of gold from the new world 26 tons of silver
Joint Stock companies
They were created to finance endeavors that were too expensive for an individual or even a government to fund. The owners of a joint-stock company expected to share in its profits.
Used to make colonial America.
The Mayflower Compact
It was an agreement between the adult male passengers of the Mayflower to establish a civil society in the New World.
What were some of the crucial differences between life in the colonies and life in Great Britain?
a more democratic political system in the colonies, a less rigid social hierarchy, greater economic opportunity for individuals, a more agrarian lifestyle in the colonies, and a lack of direct representation in British Parliament for colonists
What elements or ideas did most state constitutions share?
popular sovereignty, limited government, separation of powers, a bill of rights, the concept of representative government
How did the French and Indian War change the relationship between the colonies and Great Britain?
It created a large debt that led to increased taxation on the colonies, causing resentment among colonists due to a lack of representation in Parliament, ultimately contributing to the growing tensions that eventually led to the American Revolution
American Revolution begins at …
Lexington and Concord on April 19, 1775
Battle of Bunker Hill …
June 17, 1775
Declaration of Independence
July 4, 1776
6 basic principles of the constitution
limited government; republicanism; checks and balances; federalism; separation of powers; and popular sovereignty
