The Westphalian Order of International Law and Early Constitutionalism

Question 1

What represents English law before 1066?

Answer 1

1. Before the Anglo-Saxons arrived in Britain in the 5th century, the legal system was influenced by Roman law, which had been used during the Roman occupation of Britain. After the Romans left, the Anglo-Saxons and other tribes like the Celts and Jutes brought their own tribal customs, and there was a return to a system of informal, customary law.
2. Jurisdiction was mostly locally orginised (public gatherings)

Question 2

What are the specialities of the Law in England During the Early Middle Ages from 1066 until the 12thcentury?

Answer 2

Anglo-norman Feudal systemimposed
* Hierarchical organization, king rules with writs (written
orders)
* King‘s Court in Westminster (magna curia or curia regis) plus local county courts
3. strictly centrilized system of government with the king;s court on the very top.

Question 3

What was the development of Law in England from the 12th century on?

Answer 3

1. King Henry II begins to reform teh King’s Court during the 1150s
2. Aftre that riyal court was devided into 3 branches: King’s Bench(for felonies), common Pleas (civil cases), exchewuer (financial matters in particular)
3. travelling judges-were apointed by the king to herar th cases across the country->crearion of unified legal system

Question 4

What was the parliament and was the relation between it and King in the Middle Ages?

Answer 4

1. The Anjou-Plantagenet Dynasty played crucial role in the formation of the parliaments->King John got under political pressure when he started to lose land in thebattles-> 1215 Magna Carta (signed under the pressure of english barons )->established foundational principles limiting the power of the English monarchy and laid the groundwork for individual rights under the law-> idea that even a king was subject to the law
2. establishment of Parlamentum ->gathering around the man of gihj noblemen . King convences a parliament and it decides mosrly on financial matters
3. in 13th/14th century the commons were summoned to the parliaments to advice on economic/financial matters
4. 1332 commons sit for a parliment seperately and are elected
5. Commons can transform local customary/ols lae inro written centrilized law.

Question 5

What is writ ?

Answer 5

Is a formal instrument to open the litisation issued by the King Edward I->king decided with cases could be brought to the court->those that worth less than 40 shillings shpuldn’t

Question 6

What are the principles of common law?

Answer 6

1. Judge-made (the main aim is to find the law)
2. No codification
3. Precedents become binding over the time
4. Jury system
5. Case collections and commentaries important