ROD Review: Prologue

Section 3

Medieval to Early Modern

Influences on Democracy
 Magna Carta - 1215
 King John signed the “Great
Charter” under pressure from the
nobles
 Guaranteed the rights of nobles, the
church, and limited John’s authority
 Gave “Common Counsel” the right
to approve taxes, pass laws, and
act as the King’s advisors.
 Suggests ‘the rule of law,’ trial by
jury, habeas corpus, ‘no taxation
without representation’
 Brief, vague, and restricted,
nevertheless of great symbolic
importance - constitutionalism
 Magna Carta
“...here is a law which is above the King and
which even he must not break. This
reaffirmation of a supreme law and its
expression in a general charter is the great
work of Magna Carta; and this alone
justifies the respect in which men have held
it.”
- Sir Winston Churchill
 The Development of Parliament
 Henry III, who was King after John, had a
group of advisers who helped him govern
England.
 1295 King Edward I called the Model
Parliament
 He included lesser knights & some burgesses
 What affects all, by all should be approved
 By late 1300’s this group developed into a
national legislature = Parliament
 The King ruled but Parliament took over the
day-to-day work of governing(+”pwr of the
Purse”)
 The Development of Parliament

 Parliament was split into 2 houses: The

upper house or House of Lords and the
lower house or House of Commons.
 House of Lords - grew out of a group
of nobles & bishops.
 House of Commons - made up of
representatives of towns and counties.
From Civil War to Glorious Revolution
  Charles I (r. 1625-1649)
 Petition of Right (1628)
 Ship money and monopolies
 High-Church Anglicanism
 The Civil War (1642-1645)
  Oliver Cromwell (1599-1658) and
the Protectorate (1653-1660)
  The Restoration
 Charles II (1660-1685)
 James II (1685-1688)
  The Glorious Revolution(1688-89)
  The English Bill of Rights (1689)
 The Limits of Constitutionalism
 The Glorious Revolution
 In 1688, Parliament removed King James and
placed William and Mary on the throne.
 Why?
 Religion: he was Catholic in a protestant country
 It demonstrated that Parliament’s power was
now greater than the King’s.
 Parliament’s power came from English
citizens and no ruler’s power would be
greater than that of the legislature.
 The Glorious Revolution
 It was a bloodless revolution
 Wm & My signed the English
Bill of Rights (1689) which
Now we
limited their power are in
 Parliament passed Act of charge!!!
Toleration – gave all
Protestants the right to worship
(but not Catholics)
 English Bill of Rights
 Recognized specific rights
 The King cannot pass or suspend laws without the
consent of Parliament.
 The people must have the right to petition the King.
 Only Parliament could authorize the keeping of an army
during peacetime.
 Certain people should have the right to bear arms.
 Excessive bail or fines should not be imposed,; nor
cruel or unjust punishment be meted out.
 Affirmed Habeas Corpus
 Constitutionalism
 Forcing monarchs to agree to
limit their power and share it
with others
 Constitutionalism emerged in
England as a result of changes
in society and economy similar
to those that brought
absolutism to France
 Interestingly, England…
 Has no written constitution

Parliament and Elizabeth I

 England has: Common Law
 If enough people follow a certain law, then
the law exists, even if it is not written.
 Early on, England had no written laws. The
monarch or king could make and change
laws at will.
 The monarch or king could also punish
citizens for breaking laws or at will.
 Over centuries, a system of courts was
developed in England and their decisions
were the basis of a system of law.
 Common Law
 When judges were asked to render a
decision on a case, they often looked
for a precedent or a ruling in an earlier
case that was similar.
 This system of law, based on
precedents, is known as common law.
 American common law is similar. Today,
our laws about property, contracts, and
personal injuries are based on English
common law.
 England’s Limited
Monarchy
 King’s power was
not absolute!!

 All citizens have

the protection of
“due process”
 i.e. no more Star
Chamber”