DEMOCRACY IN ENGLAND

Britain develops laws and customs that limit the power of the government

!1

WHY ARE WE STUDYING THIS MR. PERRY?

Many of the common legal protections we have in THIS country were developed in England first!

!2

ACADEMIC VOCABULARY

common law

Magna Carta

due process of law

habeas corpus

Parliament

divine right

Constitutional Monarchy !3

!4

King Kalakaua

King James!5

William the Conquerer

William of Normandy conquers Britain

Sets the stage for:

- Decline of Feudalism - Centralized Government in England

- Plants the seeds of Democracy

Battle of Hastings 1066!6

Henry II (1133-1189) introduces the

jury trial as a means of

administering justice

!7

!8

!9

!10

Royal Judge hears testimony from 12 witnesses and peers (jury) of the accused to help him judge the case.

!11

A body of law develops known as

Common Law

Reflects customs and principles

developed over time (aka “precedent”)

!12

In 1215 a dispute between The King and his

Nobles lead to the Magna Carta “great charter”

A written document that guarantees specific

political rights.

!13

King John I

King must rule according to law

Fairness of the laws and their execution

Have the law work in a known and orderly way

(“due process”)

Respect for economic rights!14

habeas corpus = “show me the body”

People must be informed of what they are accused of in a court of law and be shown evidence used against them

Prevents authorities from detaining a person wrongly or unjustly!15

British Parliament *** taxes law

advises the king

British Parliament today

US House of Representatives

James I (1566-1625) claims

Divine Right

Clashes with Parliament

Tensions rise with Charles I (1625)

Asks parliament for money. In exchange, parliament requires

the Petition of Right which restricts...

- taxation without parliament's ok

- illegal imprisonment

- housing troops in private homes

- maintaining military government in peacetime

Charles later dissolves Parliament and refuses to let them meet until

he needs money.

English Civil War

Oliver Cromwell aka the puritan “Protectorate”

Cromwell’s government collapses

Monarchy is “restored” with Charles II in 1660

This time Parliament retains its rights and authority

Parliament is concerned that James II is “too Catholic”

He is removed and replaced with William and Mary

who agree to a Constitutional Monarchy

Constitutional Monarchy

powers of the rulers are limited by Parliament

William and Mary agree to accept the Bill of Rights

King can’t suspend laws no taxes w/o Parliament consent

no armies in peacetime right to petition grievances

no cruel or unusual punishments