Legal and political changes Flashcards

1
Q

What idea does the Magna Carta establish?

A

That the King is subject to the law?

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2
Q

What is the Magna Carta?

A
  • A charter of rights
  • Protects the nobility
  • Restricts the King’s power to:
    • Collect taxes
    • Change laws

Moving forward, the King needs to involve Noblemen in decisions

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3
Q

When did King John grant the “Charter of Liberties”?

The “Charter of Liberties” was subsequently known as the “Magna Carta”.

A

13th Century

1215

June 15

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4
Q

Where was the Magna Carta (Charter of Liberties) signed?

A

Runnymede, on the River Thames near Windsor in the south of England

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5
Q

What does “Magna Carta” mean?

A

The Great Charter

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6
Q

Parliament’s origins can be traced back to the King’s council of advisers?

Who was included/took part in the King’s council of advisers?

A

The King’s council of advisers included:

  • Important noblemen
  • and the leaders of the Church.
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7
Q

After 1215, how could the King of England consult his nobles?

A

By calling parliaments

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8
Q

What is the ethymology of “parliament”?

A
  • The English term is derived from Anglo-Norman
  • It dates to the 14th century,
  • Coming from the 11th century Old French parlement, from parler, meaning “to talk”.
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9
Q

What was a typical reason for the King of England to call parliament?

A

To raise money

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10
Q

What is the name of the 2 parts that make up Parliament in England?

A
  • House of Lords
  • House of Commons
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11
Q

In the Middle Ages, who sat in the House of Lords?

A
  • The Nobility
  • Great Landowners
  • Bishops

Note: Smaller landowners could be elected to sit in the House of Commons

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12
Q

In the Middle Ages, who sat in the House of Commons?

A
  • Knights (who were usually smaller landowners)
  • Wealthy people from Towns and Cities
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13
Q

In the Middle Ages, how did you become a member of the House of Commons?

A
  • You had to be elected
  • Only a small part of the population was able to join in electing the members of the Commons.
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14
Q

In the Middle Ages, what parts made up the Scottish Parliament?

A

The Scottish Parliament has 3 Houses called “Estates”:

  • The Lords
  • The Clergy
  • The Commons
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15
Q

When did the principle that judges are independant of the government begin to be established?

A

During the Middle Ages

Note: Formal judicial independence came into being in England and Wales in 1701 with the enactment of the Act of Settlement.

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16
Q

What is the difference between the way English and Scotish law developed?

A
  • In England - “common law” is based on precedence (it follows previous decisions) and tradition
  • In Scotland - it is “codified” (it is written down)
17
Q

In the Middle Ages, Parliament began to develop into the institution it is today. Where can its origins be traced to?

A

The King’s council of advisers, which included important nobleman and leaders of the Church.

18
Q

There were few formal limits to the king’s power until when? What happened to change this?

A
  1. King John was forced by his nobleman to agree to a number of demands, including creating the Magna Carta.
19
Q

What is the Magna Carta? What does it mean?

A

It means “Great Charter”. It established the idea that even the king was subject to the law. It protected the rights of the nobility and restricted the king’s power to collect taxes, or to make or change laws. In the future, the king would need to involve his nobleman in decisions.

20
Q

Why were parliaments called for the king to consult his nobles?

A

Particularly when the king needed to raise money.

21
Q

The numbers attending Parliament increased and two separate parts, known as Houses, were established. What are their names, and what were they made up of?

A

House of Lords and House of Commons.

22
Q

What is the House of Lords made up of?

A

House of Lords was made up of nobility, great landowners, and bishops.

23
Q

What is the House of Commons made up of?

A

House of Commons was made up of knights and smaller landowners, and wealthy people - Commons people were elected by a small number of the population.

24
Q

A similar Parliament developed in Scotland. How was it different?

A

It had three Houses, called Estates: The Lords, the Commons, and the Clergy.

25
Q

This was also a time of development in the legal system. The principle that judges are independent from the government began to be established. In England, what did judges develop?

A

Common Law.

26
Q

What is “Common Law”?

A

It is the body of law derived from judicial decisions of courts and similar tribunals, previously set by precedence and tradition.

27
Q

In Scotland, the legal system developed differently - how?

A

They were “codified” (written down).