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Constitutionalism – England

Constitutionalism – England. Nov 1st, 2010. Background (1215-1603). Magna Carta, 1215. King John I forced to accept it. A list of demands made by the nobility. Created a CONTRACT between the king & the aristocracy.

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Constitutionalism – England

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  1. Constitutionalism – England Nov 1st, 2010

  2. Background (1215-1603)

  3. Magna Carta, 1215 • King John I forced to accept it. • A list of demands made by the nobility. • Created a CONTRACT between the king & the aristocracy.

  4. Established principles which limited the power of the king: • Established basic legal rights. • The king must ask for popular consent for taxes. • Accused must have jury trial.

  5. Model Parliament, 1295 • King Edward I brought his military leaders & nobility together as a Parliament to ask their consent to new taxes. • Established the principle of parliamentary“power of the purse.” • A radical new idea for any monarch to ask for anything!

  6. The Elizabethan“Bargain” • Parliament: • Would have the power to tax. • Can debate & amend disputed bills. • The Monarch: • Had the royal power on foreign policy.

  7. Constitutionalism • Gov’t power is LIMITED by law • Delicate balance between the power of gov’t & the rights & liberties of individuals

  8. Gentry • Wealthy landowners (rural) dominated politics • Parliament: House of Commons • 1/3 are Calvinists/Puritans

  9. Tudor Family • Henry VIII • Mary Tudor • Elizabeth I • Stuart Family

  10. The Stuart Dynasty • QEI didn’t have a close heir to the throne • Went to James of the Stuart Family (King of Scotland) • Dominated Engl during the 17th Century • Power was restrained by the growth of Parliament

  11. The Stuart Monarchy

  12. James I (Stuart Family) • Believed in “divine right” of kings & absolutism • Major Problems • Financial Debt • Religion

  13. Episcopal Form? Hierarchal King Archbishop Bishops Presbyterian Form? A specific church makes decisions for that church Religion – Direction of the Anglican Church or Similar to Catholicism? or Similar to Puritanism?

  14. Religion & James I • Puritans (strong in Parliament) wanted to reform the church AWAY from resembling Catholicism

  15. Not wanting to disrupt the fragile religious status quo, James I makes no changes • Many Puritans will leave for America starting in 1620 for religious freedom

  16. Financial Debt & James I • Increase Taxes -> resentment from Parliament

  17. Twice dissolved Parliament over • issues of taxation & • parliamentary demands for free speech.

  18. CharlesI r. 1625-1649

  19. Believed in Divine Right & Absolutism like his father • Inherited the same problems of his father

  20. Charles I Needed Money • Why? • 30 Years War • Who’s cooperation would he need to get this $?

  21. Petition of Right (1628) • Parliament allowed for a tax increase on condition he sign the Petition of Right • Only Parliament had right to levy taxes • No one should be imprisoned or detained w/o due process of law.

  22. All had right to habeas corpus (trial) • No forced quartering of soldiers in homes of private citizens. • Martial law (military rule) could not be declared in peacetime.

  23. Charles dissolved Parliament in 1629 • Parliament had continued to refuse increased taxation w/o its consent • Parliament also had demanded that any movement of the gov’t toward Catholicism could be treated as treason

  24. “Thorough” • Charles’ reign w/o Parliament 1629-1640 • Absolute Monarch • He raised $ using Medieval forms of forced taxation (those with a certain amount of wealth were obligated to pay)

  25. “Ship money”: all counties now required to pay to outfit ships where before only coastal communities had paid. • Religious persecution (Led by Archbishop Laud) of Puritans became the biggest reason for the English Civil War.

  26. The “Short Parliament”, 1640 • Scots rebel when they (Presbyterians) were forced to accept the Anglican prayer book • Charles I needed new taxes to fight the war against Scotland

  27. Parliament re-convened in 1640 but refused to grant Charles his new taxes if he did not accept the rights outlined in the Petition of Right and grant church reforms • Charles disbanded Parliament after only a month (short)

  28. “Long Parliament” (1640-1648) • Desperate for $ after the Scottish invasion of N. England in 1640, Charles finally agreed to certain demands by Parliament.

  29. Parliament could not be dissolved without its own consent • Parliament had to meet a minimum of once every 3 yrs • “Ship money” was abolished • The leaders of the persecution of Puritans were to be tried & executed (including Archbishop Laud)

  30. The Star Chamber (used to suppress nobles) was abolished • Common law courts were supreme to the king’s courts. • Refused funds to raise an army to defeat the Irish revolt

  31. The Grand Remonstrance 1641 - Parliament presented him w/ the “Grand Remonstrance,” a more than 200 article summary of popular and parliamentary grievances vs. the crown.

  32. 1642 - Charles I invaded Parliament w/ his soldiers. • He intended to arrest the leaders, but they had escaped.

  33. Civil War 1642-1646 The King withdrew from London & began to raise an army. The House of Commons passed the militia Ordinance which allowed the Parliament to raise an army of its own. For the next 4 yrs Civil War engulfed England.

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