Lesson 4 Flashcards
Magma carta
Charter signed by King John that addressed feudal relationships, rule of law, basic rights, and government by consent
Precedent
Rule to guide future cases
Redress of grievances
Compensation for a loss or wrong done to the people should the crown infringe on common law rights
Rights of englishmen
Common law rights that neither the monarch not parliament would dare to change or violate
State decisis
“Let the precedent stand”
Writ of habeas corpus
Orders an official to deliver a person in custody to a court of law to explain why the person is being held
By the early 13th century
Groups of advisors developed into separate institutions and evolved into the parliament and royal court
King Edward I summoned the
Model parliament which consisted of two representative houses
Parliament represented the various interests in the kingdom
Providing monarchs with a way of negotiating
Common law requires judges to publish their
Decisions so that future judges would know how earlier cases had been decided
Stare decisis gives
Predictability and stability to the law
Some common law rights
Right to trial by jury
Security of home from unlawful entry
Limitation on government power to tax
In 1100 King Henry I issued a charter of liberties which bound him to
Obey certain laws regarding the treatment of nobles and church officials
Common law
English system of law that would be common to all parts of the kingdom
In 1215, barons forced King John I to sign s new
Charter of Liberties known as the manga carta
Magma carta addressed feudal
Relationships between monarchy and three classes: barons clergy and merchants
In the charter the king vowed not to increase
Feudal dues and other money payments without consent and to to respect property rights
Magma carta confirmed
Traditional rights
Three principle s of magma carta were important in later development of constitution
Rule of law
Basic rights
Government by agreement or contract
Rule of law
Monarch must respect established rules of law
Arbitrary government outlawed
Basic rights
Secures redress of grievances and “ancient liberties and free customs”
Government by agreement or contract
Basis for legitimate government
American colonists found principle of
No taxation without representation and consent
Central principle of British constitution
Respect for established rules and procedures
Petition of Right confirmed that taxes could only be raised with the consent of
Parliament.
Petition of right guaranteed rights such as prohibition against
Requiring people to quarter soldiers
Right to habeas corpus
Writ of habeas corpus is one of the most important
Limitations on governmental power because of protects against arbitrary arrest
Parliament eventually represented the most powerful groups in the kingdom and was later recognized as the
Highest legal authority in England
Parliament required monarchs to agree to the
English bill of rights
Principles of English bill of rights that influenced constitutional development
Rule of law
Representative government
