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The Court Of King's Bench In The Middle Ages

Posted on:2009-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y MaFull Text:PDF
GTID:2166360242987987Subject:Legal history
Abstract/Summary:PDF Full Text Request
The court of king's bench was initiated from"coram rege", which was the only court granted the laurel of the king's attendance among the British royal central courts. Compared to others, it has the consanguineous relationship with the king and the government. The intrinsic characteristic held across the whole middle ages, even to the early modern times. The exceptive connection endowed it the most super legal status in the system. In the evolution of British history, the judicature independence of the court was gradually enhanced to an indispensable constitution unanimously. It acted a substantial role in protecting the royal rights, building up the judicatory authority, and promoting the English common law's development, etc.The court of king's bench had a long span, and covered numerous contents. The author only takes the middle ages part as the research focus.The paper is organized as the following. The introduction does literature reviews, and the author's intuition. The main part is composed of three chapters. The first one presents basically the evolution, constitution, and the litigant jurisdiction of the court. The second chapter states the dilemma during the evolution. The author does incisive analysis on the miscellaneous reason such as inherent defects and the external pressures. The third chapter illuminates the reform efforts having been made. The court discarded fussy and inefficient writ proceeding, and switched to some creative improvement on the previous prosecutive proceeding, on the strength of the combination of technical instruments of legal fiction and legal elusion. The litigation proceeding was expanded in large scale, and coped with the challenge through renaissance of the whole English common law system.The conclusion summarizes collectively, and forecasts the future of the court briefly.
Keywords/Search Tags:English Common Law, the Court of King's Bench, Writ, the Middle Ages, Bill
PDF Full Text Request
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