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Modern Times Or Middle Age: An Analysis About When The Rule Of Law Became True In Britain

Posted on:2010-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:S W ZhouFull Text:PDF
GTID:2166360275956674Subject:Legal history
Abstract/Summary:PDF Full Text Request
Britain is the first nation-state in the world,and it is also the first constitutional state.Rule of law and constitutional government in Britain has been the academic research focus all over the world.Scholars search for the reasons for the rule of law and mechanism of formation of the United Kingdom from various perspectives.There has been voluminous works on the rule of law in British,but for some of the basic problems,scholars still can not reach a consensus,so does the time problem.In order to research the Time problem to establish the rule of law,the Mechanism for the formation of the British rule of law must be studied first.The basic conditions and changes in all over the areas about economy,legal system,political and legal theory must bu discussed.Because the rule of law in Britain was established in the series of the historical events.The establish time of the rule of law in Britain was determined by the process and the results of the major economic and political phenomenon.Although the city in the Middle Ages has given birth to social characteristics and the concept of consciousness of the civil society,and some parts of the degree of urban development has reached a considerable high level,Modern Western civil society of medieval Europe is not a simple succession of urban civilization and development.In economy area,When the monetary economy takes root and grows in the Early Modern British,people did not satisfied with the traditional order.So the traditional order had the changing crisis at that time.Marketing economy needs the new order with fair and law.The law order with equality and justice was eargered in the late medieval England.In the legal system and judicial system,there had the great changes.The common law developed more,the developing of the society and the personal liberty were detected by the common law.By deriving the property rights from the rule of the king,and the separation of economic and political,the Britain society got to independence on the judiciary.The common law and the common courts dominated the private areos.In the end,The market had become the main form of accessing to wealth.In the political areos,the parliamentary competed for finance and tax power constantly.The parliamentary institution was established in 17th century.Representative of the British Parliament in the Parliament.The achievement of British Parliament representative is based on the absolutely controlling of the state's tax by Parliament. Besides,the Parliament also oversees the Government's financial expenditure.The achievement of the parliamentary representative is an important part of the British nation-state construction.It has established the constitutional order in political life.The Britain Parliament ensures that the civil society representative of each person's private property is inviolable.In the legal theory areo,the England classical scholars's theory fight against the Crown and the church power,which was based on nature law,retionality and individualism.With the great effort of thinkers Homes,Locke,Hume,Blackstone.the legal theory with British style was established.This was anther symbol that the rule of law in England became ripe and stable.Therefore,it can be no doubt convinced that the rule of law in the United Kingdom was built up in the seventeenth to the eighteenth century.After this process,the law order has greatly promoted the economic and social development.This process is full of conflict and game.The history of the establishment of the rule of law is the history of person struggling for freedom,and also is the history that the British society goes from the traditional to the modern history!...
Keywords/Search Tags:Rule of Law, Common Law, Parliament Representative, Nature Law, Liberty
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