Font Size: a A A

Constitutionalism And Religion

Posted on:2004-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:W ChengFull Text:PDF
GTID:2156360122985207Subject:Legal history
Abstract/Summary:PDF Full Text Request
The modern constitution arises from England. The constitutional system of England has further effect on other countries, and its position cannot be replaced. When we talk about constitution, we must pay attention to England. That is not only because England is the first country that has constitution, but also the constitution of England has its bright characteristic. The author believes that the development of British constitutionalism is different from other countries in Europe come from two aspects: in the form, there is contest and collaboration between the power of the king and the religious authority. That made England going a fight and compromise road ----"Glorious Revolution "; in the content, the king of England is the leader of British ecclesia, so it reserved the king and first established the system of the constitutional monarchy. The constitution of England has come into being from thirteenth, fourteenth century. It is the accumulative result of the history of England. After analyses the history of the constitution, religion and law of England, the author finds that the contention and transfer of the sovereign power is the whole center of British constitutionalism, namely, the king from the entity to symbol. Through the Reformation, the conflict of the kingship and the Church became into that between the kings who were on behalf of the Catholicism and the Parliament who was the Protestantism. From above facts, the author points out that: among so many factors, such as policy, economy, culture, religion and environment, the most important reason that leads England forming the particular constitutionlism is religion. So the author tries to grasp this clue to study the development of British constitutionalism by means of dialectical materialism. According to dynasty, this article is divided into four parts: the first part discusses the times of Anglo--Saxon. The power of the king and the religious authority were united and developed together. Because of the broadcasting of Christian Religion, the uniform of belief enforced the form of a unit country. During the course of the uniting, the kingship developed stronger, but limited by the custom, law and religion. The second part talks over from Norman Conquest to "The Great Charter". In the process, Feudal monarchy had sharp conflict and compromise with the power of Christian Religion. After the conquer of Norman , William â… strengthened the rule of the kingship. At the same time, the Catholicism strengthened the tamper to England by Gregorian Reform, so the conflict between the kingship and the Church was more intense. But because of common interest, they united in politics ultimately. It was born "The Great Charter", which was the first constitutional law of England. The third part mainly discusses House of Tudor. Because of politics, economy and law and so on, Henry â…§ proceeded the Reformation, established Anglican Communion. It forced the kingship of England to break away from the Rome Catholicism and the king to become the highest religious leader of England. The Reformation had further effect on the development of British constitutionalism later. It also enhanced the power of Parliament and established the highest sovereign principle of "The King in Parliament". The fourth part discusses House of Stuart. Because the contradiction between the Catholicism and the Protestantism, the conflict between the king and the Parliament cannot be settled, and in 1640 civil war broke out. After bleeding, dictatorship and recuperation, England returned to tradition again. The feudal lord and new capitalist class compromised, and led "Glorious Revolution ", enacted a series of constitutional law and established the system of constitutional monarchy. Thus, the Kingship and the Church have contested since they emerged. But in order to survive and develop, they had to compromise .In the past 1000 years, England had formed a conciliatory road--first established the system of constitutional monarchy in a form of reform, produced the...
Keywords/Search Tags:constitutionalism, feudal monarchy, Christian Religion, Reformation, the system of constitutional monarchy
PDF Full Text Request
Related items