UK Government; The Historical Context of the UK political system - Birth-1700 Flashcards
Anglo-Saxon Institutions - The Witan
The Witan was a council that helped advise the King on military matters and taxation; it was vital in establishing the principle that the monarch should consult with the lords before commanding and taxing the people, and introducing the idea of people deciding who should become king, as this duty was granted to them in the Anglo-Saxon time period, despite not being the modern parliament or election system we know today. It increased the power of the people and prevented monarchs imprisoning the people and unfairly taxing them, and meant the monarch lost his ability to be above the law. It established the distribution of power between the monarch and the Witan, and introduced initial ideas of parliamentary democracy.
Anglo-Saxon Institutions - Trial by Jury
This principle stated that any noble accused of a crime would be tried by a jury of peers, with the king determining the sentence but guilt was decided by jury deliberation. This was a different system to the ‘trial by ordeal’ process in the rest of Europe, but marked a beginning of the limited powers of the monarch and the increasing power of the people to decide legal matters, allowing England to be governed by law, rather than one man.
Anglo-Saxon Instituions - Habeas Corpus
This principle meant that a prisoner still had the right to appeal to the courts against unfair or illegal detention; even the lowest ranked citizens were therefore able to appeal their sentence, unfair punishment or imprisonment. This meant that equality in the eyes of the law was promoted, and even the weakest members of society were protected from unfair treatment by the strongest in society by the rule of law. It applied to all.
Why are they important?
These three principles are important because they established the importance and influence of the law and laid the foundations for a reduction in the sovereignty (power) of the monarch, and an increase in the sovereignty (power) of the people; it laid the foundations for the revolt of the Barons and underpinned the Magna Carta and uncodified constitution. They iterated the importance of equal rights and freedoms for all people under the law and meant that the people began to have power and a say in what happened with their finances and the influence of war on them and the country. The principles formed the basic freedoms we have expanded on and obey today, and are therefore vital to the constitution we follow with limited monarch power and increasing power in making decisions on taxation, kings, wars and the legal systems, to those affected directly by those decisions. It meant that when the Magna Carta was introduced, the Barons had the ability to use the basic rules to prove the king had unfairly abused his power, and protest the taxes, wars and abuse of the legal system that still exists today in preventing one person having all the power.
Norman and Angevin Rule - the feudal system
The King owned all the land in England, and the people had to swear a ‘fealty’, an oath of loyalty to him. This initial system was in place from 1066 until the signing of the Magna Carta in 1215. Land was granted to nobles, who enlisted knights to manage it for the king, and in exchange the nobles would supply an army for the king if needed. It was a system of control established by the Normans, and worked on the idea of hierarchy, and loyalty in exchange for land and wealth.
How did the feudal system change?
Over time, the nobles began giving the king money and wealth rather than soldiers, and in order to keep track of what the nobles owned, the king’s chancellor would use a huge checkered mat to calculate the money owed, leading to him being granted the title of ‘Chancellor of the Exchequer’. The Chancellor of the Exchequer’s role is to track the finances of the king and the money owed by the nobles. They are the government official responsible for calculating, collecting and distributing the government funds through taxation and duties.
Why did the absence of Norman Kings between 1066-1216 create the foundations for some of the key elements of the modern UK political and legal system?
Due to the absence of the Norman kings, who were usually also lords of France and therefore were away from England a lot following 1066, as they owned Normandy, Anjou and Aquitaine. As a result of this, the nobles were left to run the country as chief ministers whilst they were away. This led to the establishment of the principle that royal powers could be exercised by someone nominated by the king, and so this laid the foundations of the idea of the current Queen’s Parliament and the idea of the Prime Minister running the country with a figurehead monarch and the powers of a monarch. The absence of a king also meant that he was unreliable in terms of overseeing court proceedings and dispensing of justice; to combat this, justices of the peace (judges) would travel the country and hear cases on behalf of the Crown. This was the beginning of the legal system and many common law principles that were established then continued to exist in modern politics until recent times. Both of these things underpin the modern system, and laid foundations for the key elements of the Prime Minister and Crown courts that help to distribute crown powers on the behalf of the monarch. Power began to gradually be distributed downwards, and established principles that others could draw on to prove they already had the power, and could not be taken away.
The Magna Carta - 4 ways King John was an ineffective king
- Nobles resented him for his increase of taxes to fund wars in France
- His abuse of royal power was hated
- His conflict with the Church was heavily disliked
- He arbitrarily abused the justice system to suit his own needs
What principles were referred to when the barons revolted in 1214?
Habeas Corpus and the Witan - evidence of the previously installed limits on the power of the monarchy to justify the provisions o the Magna Carta. The revolt led to the defeat of the monarchy and the forced signing of the Great Charter, Magna Carta in 1216.
Key provisions of the Magna Carta
Curbed the powers of the king:
- Guaranteed the freedom of the church from the monarchy’s interference
- The King could not raise taxes without the consent of the people (Clause 12)
- The right to due process by law was guaranteed (Clause 29)
- The right to trial by jury was guaranteed (Clause 39)
- Justice had the right to be free and fair
- The nobles could select a committee of 25 to scrutinize the actions of the king (Clause 61)
Why is the Magna Carta significant to the development of democracy in the UK
It was the first time since 1066 that the powers of the monarch had been limited and that the rights of the lords had to be respected - there were 63 provisions in total, mostly concerning the rights of the nobles to be consulted about taxation and the legal protections they had from the power of the monarchy. By consolidating all of these Anglo-Saxon principles into a formal legal document, they created the first part of the UK Constitution and established the first limits to power on the monarchy. It also paved the way for the creation of parliament.
What had the Magna Carta laid foundations for?
It had laid the foundations for further limitations of power on the monarchy and the expansion of democracy in England - the lords and the people began to gain more influence, and it laid the foundations of parliamentary processes that we use today, particularly the use of the House of Lords. It meant more power distribution, more legal equality and the ability to improve systems and check the powers of those in positions of influence. It meant the beginnings of a nation of the people, rather than a nation for the king.
The Creation of Parliament - the rights that created the House of Lords
- The rights of nobles to be consulted on the King’s demands for tax to defend England
- The right to air their grievances to the king
- The right to have a committee to scrutinise the actions of the monarch meant consistent consultation with the nobles, and this effectively led to the creation of the House of Lords
When and why were the Houses of Commons created?
In 1275, King Edward I required money to fight against Scotland - with the knowledge the lords would object to this, he sent writs to each shire and town asking for two representatives of their local area to be elected from among the knights and burgesses (town officials) to join the lords in the vote about the new taxation he proposed. The knights agreed and were therefore consulted regularly also by the monarch, and as they were not noble they were classed as ‘commoners’. This was the foundation for the modern House of Commons.
How did the events of Westminister Hall lead to the creation of parliament?
The Lords and Commoners met the monarch to parler (speak) at Westminster Hall in the Palace of Westminster. It therefore became the parliament where lords and representatives of the knights met to discuss grievances with the monarch and to confirm or deny proposed taxation. This is where the concept of Parliamentary democracy began. (parler evolved into parliament)
