The Research Of Sir Edward Coke’s Thoughts Of The Supremacy Of The Common Law

Sir Edward Coke is a famous jurist of the common law in British history, and his thoughts of the supremacy of the common law play an important role in the historical course which established a modern law society. This dissertation focus on the Coke’s thoughts of the supremacy of the common law consisting of the supreme reason, kings under law and the thoughts of the judicial independence of the common law. The study of the thesis will deepen our comprehension on the rule of law, but also be beneficial to understand the establishment of the Constitutional government of England, even the theoretical source of constitutionalism in North American colonies.The pivot of this dissertation is to research the coke’s thoughts of the supremacy of the common law connotation, its core is the thoughts of the supreme reason of the common law, Throughout the thoughts of the kings under law and the thoughts of judicial independence of common law, to limit the kingship and maintain the supreme status of common law.There are five parts in the dissertation as follows:The first part is the introduction, which concerns about the feasibility of the dissertation and the foundation of the literature materials primarily. According to the time sequence, I combed the study actualities of the domestic and overseas scholars about the thesis.The second part talks about the life of Coke, which mainly expounds the background of the age of Coke’s life and life experience, for its thinking formation of the external power and provide internal conditions.The third part is the main body of the dissertation, including the second chapter, the third chapter and the fourth chapter. It elaborates the connotation of Coke’s thoughts of the supremacy of the common law respectively. Chapter2discusses mainly the theoretical sources of the thought of supreme reason of the common law, artificial reason and Coke’s denial of Roman law. Chapter3states the thoughts of the kings under law, illustrating the tradition of the thoughts of the kings under law, and revealing essence of the thoughts of the kings under law by the analysis of Coke’s comments of the Great Charter. Chapter4relates to the thoughts of the judicial independence of the common law. It expounds the Coke’s boycott to the privilege court and the opposition of the kings’ judicial interference, adhering to the thoughts of judicial independence of common law, defending the status of the supremacy of the common law.The fourth part discusses the historical influence of Coke’s thoughts of the supremacy of the common law, which mainly elaborates the establishment of the sovereignty of the British Parliament and the theoretical sources of North American colonial constitutional practice, and the controversy of Coke’s thoughts of the supremacy of the common law.The fifth part is epilogue, it sums up the Coke’s thoughts of the supremacy of the common law collectively, expounding the characteristics, intension and the historical position of Coke’s thoughts of the supremacy of the common law.