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The Influence Of Church Law On American Constitutionalism

Posted on:2018-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:C C ZhaoFull Text:PDF
GTID:2356330542950688Subject:Law
Abstract/Summary:PDF Full Text Request
The church law,the Roman law and the Germanic law are called the three major legal systems of the European continent in the middle Ages,and the influence of the Church law on the western constitutionalism is most prominent in the two aspects of the power structure and the legal idea of the Church jurist.Because the church law is based on the Bible,its main content is the internal structure of Christianity,system and the rules of conduct of the religious,it can be seen that the relationship between the Church law and Christianity is complementary,the two are unified within.This paper focuses on the influence of Christianity on American framers' thought and its influence on the constitutional concept of American constitutionalism,and explains the influence of church Law on American constitutionalism.The British Puritans who travelled to the North American continent in the Mayflower sailing boat in 1620 decided to establish a new order in the colonies because of their pursuit of Calvin,freedom of belief,and that was the source of American history.Calvin thought that man was not free before God,but in the face of secular regimes man should be free.At the same time,it believes that the human nature of evil,must be bound,and the government's rights are easily abused,must be limited,this is the source of limited government.Montesquieu's "Separation" was also developed under the theory of the right and balance of Christianity and kingship.The principle of the separation of freedom,equality,limited government and two rights in the law of Church is the core thought of American constitutionalism.Throughout America's history of statehood,we find that there are Christian shadows everywhere in American life: the Declaration of Independence of the United States,although short,mentions four of times God,so that only the understanding of God can truly understand the declaration of Independence,and the bill of Rights puts religious freedom first,which is the doctrine preached by Christianity.In the United States,many state court walls are inscribed with the "Moses 10 Commandment",and in court,witnesses have to take the oath of the Bible.Now American coins are impressively stamped with "We believe in God(InGodWeTrust)",which can illustrate the influence of Christianity in the United States.This paper discusses the influence of Christianity and church Law on American constitutionalism and framers by studying the Christian background of American constitutionalism.
Keywords/Search Tags:Christianity, Canon law, Framers, American Constitutionalism
PDF Full Text Request
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