Font Size: a A A

On Christianity Factors Of Medieval Constitutionalism

Posted on:2013-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y W JiangFull Text:PDF
GTID:2256330395991012Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Constitutionalism is not just a culture, it is a spirit, a spirit for the pursuit of freedom, justice and equality. Christian tradition is an important feature of the Western culture, classical political culture gave to the early Christian rich nutrition. To the Middle Ages, because of corrupt and arbitrary of the Church,people contact Christianity and the dark government together, but the "Guilt" culture, legal concepts in the Christian tradition, as well as the political and religious dual power system rooted in the Christian faith, nurtured the seeds of constitutional thought in the Middle Ages, and promoted its growth constantly. Especially in the late Middle Ages, Religious reform movement, Protestant thinking has played a huge role in promoting Constitutionalism. Thus, the medieval Christian made important contributions to the generation of Constitutionalism government.The theory of "original sin", dark sense,devout faith and the spirit of tolerance, fraternity, equality, unconscious implies the concept of the modern Western Constitutionalism at the spiritual level. When the rule of the church reached its peak, the special church-state dual structure, the power structure within the Church and the legal system of canon law, gave birth to modern Western constitutional system in the specific system so practically.From the perspective of political and law, the entire medieval history is the history of the struggle of each other’s growth and decline of the religious power and canon law, royal power and secular law. Only with the recognition of the supremacy of the law and the rule of law, the two powers can live in peace. It is the side by side pattern of the churchly Force and and secular forces, which led to the concept of the supremacy of law in the modern sense. Complying with the law he developed, the ruler is to fulfill his contractual obligations signed with his people. Therefore, in the Middle Ages Constitutionalism mainly reflected such a consensus:In accordance with the requirements of the divine and natural law, any person, including the monarch and the pope, should abide by the law, and powers must be subject to legal constraints. Until the capitalist revolution period, the modern western sense of Constitutionalism was produced. However, the Constitutionalism spirit of the West, had already started to sprout since the ancient Greek and Roman, and got a better preservation with the the heritage of the Christian doctrine in the Middle Ages. After that, it gradually developed in the struggle between Christian Church and the secular authority, obtained the nutrients in the16th century religious reform movement, eventually borned in the time of the outbreak of the bourgeois revolution, and gave birth to the modern Western Constitutionalism spirit.
Keywords/Search Tags:The Middle Ages, Constitutionalism, Christian, Dual Structure, the Supremacy ofLaw
PDF Full Text Request
Related items