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The influence of British rule of law tradition on the north American colonies

2019-01-11 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- The influence of British rule of law tradition on the north American colonies,供大家参考学习,这篇论文讨论了英国的法治传统对北美殖民地的影响。英国的法治传统对北美殖民地的影响是深远的,一直延续到美国建国,迄今为止在美国法治法律中尚有很多渊源可寻。英国的法治传统对北美殖民地的影响主要体现在两方面,一是对北美殖民地法律建设进程的影响,一是对北美独立战争的催化。

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To understand the rule of law in the United States under the influence of Britain in the colonial period, it is necessary to understand the development process of the rule of law in Britain. Before the formation of the law with the rudiment of the modern legal system, the masses in the shackles of the imperial power had to reach an agreement with the king by relying on the power, which was the backing of the game and the agreement. The formation of the modern English law is inseparable from the long struggle to limit the royal power. It was formed when the rising power of the aristocracy, the power of the bourgeoisie and the power of the king representing the autocracy reached a balance and was reflected in an effective struggle in the process of British overseas colonization.

The general view is that English common law, formed in the 12th century at the time of Henry ii, is represented by the magna carta, which was formed in this period to put the royal power under the legal power. When Henry III's justice black to judicial reform further deepening, then the rule of law thoughts by the famous British judges and jurists Edward kirk inheritance, his book, "kirk on Littleton," after being used for the north American colonies used widely in the textbooks, students to the United States the founding fathers of Jefferson and others also produced a certain influence. Kirk's views on common rights and reason were later translated into a series of legal doctrines and articles in the history of American constitutional litigation. Meanwhile, kirk established the theory of the supremacy of law in his theory and works, regarded the concept of natural law as eternal, and inherited the spirit of magna carta with the petition of rights.

In legal struggles of a monarchy, the British law through the furnace to temper the bourgeois revolution, further sublimation, the modern legal sense, such as the habeas corpus act of 1679, provides for the court to no treason was arrested for crimes such as personal responsibility to protect the citizens, the bill of rights in 1689 further strengthened the congress to limit the power of a monarchy, the rule of law, taxes, military, election officials in time of peace, power and right to petition the king, or to the congress, or directly to the people, the succession to the throne in 1701 further strengthened the control of congress to laws such as the power.

In the colonial period of the United States, although there was a lot of content in the legal system construction which was different from that in the founding period and after the founding of the United States, due to the coerciveness of the British colonial rule and the inertia caused by the historical tradition of Great Britain, the British legal tradition and legal tradition were ubiquitous in the colonial legal system and were inherited by the United States. At that time, one of the means by which Britain controlled the north American colonies was to enjoy the right to review and annul the colonial decrees. This led to the north American colonies' reliance on English rule of law. Before 1788, the famous legal treatises published in the colonies were popular reading materials. Around the time of the revolutionary war, legislators admitted that they were bad at legislation, not to mention governors.

The early north American colonists, like the natives of Great Britain, were largely convinced that the Anglo-Saxon constitution was a powerful safeguard of their rights. The Virginia charter, the first law of the north American colonies in 1606, established in law all the rights of freedom of a native Briton as the rights of freedom of a colonist. In 1776, the declaration of independence, while emphasizing the unquestionable natural rights of the people of North America, condemned the suppression of the natural rights of the colonial people based on the rule of law theory derived from Britain. In 1789, the first U.S. congress, in order to make up for the deficiencies of previous laws, passed the supplementary bill of rights, the first to the 10th amendment to the constitution, which brought together the essence of various colonial bills of rights and important provisions of the British common law.

Although the colonial legislators were under the military and political pressure of the British native rulers, they were able to absorb and supplement the English customary law from the pragmatic point of view according to the specific conditions of the colonies. Such as the middle of the 18th century colonial blackstone published "English interpretation" will ", due to the light of the specific conditions of the colonies made to simplify and abstract, compared with the original transparent, is quite popular in colonies, reprinted many times, the sales quantity few the same as in Britain, the colonists to the basic understanding of English law are under the rule of law, which is also a leading colonial folk in the war of independence rise the important condition of political law talents. Because the colonists common legal knowledge, consciousness is very strong, in the 18th century most of the time, a lot of folk and folk scholars combined colonies selectively absorb English law works, JiePi Britain imposed by the legal rule of corruption phenomena, such as theoretical basis for the rights of the colonists to maximize, and also for the war of independence to the enough theory.

The British side, although the north American colonies with the rule of law and other cultural essence, but the essence of the North America is still as fertilizer and kill things. For example, the stamp act of 1765 imposed by Britain on the north American colonies imposed stamp duty on the people of the north American colonies who still did not have any right of representation, and stipulated that violators should be put on trial. Shocked, the people of the north American colonies even more violently sought evidence from the British law and legal spirit to resist. Since then, surrounding the tax problems such as unbalanced rights and political rights, the colonies and the British intensified contradictions and struggle, the place such as the colonists in the parliament, the media, such as speech, articles against British colonial rule, and some more national rights than British law dating back to the tendency of the spirit of the law and the rule of law concept. As from 1767 to 1768, John dickinson, protest against the British tax imposed the Thomson tax law, pointed out that freedom is not stand dirty, the constitution is supreme, the colonial government should not be the restriction of the British parliament mandatory power, the United States has a constitutional scholars believe that dickinson's theory for the limited government theory and the constitutional ideas laid the foundation. These are the important theoretical basis and fuse for the outbreak of the north American war of independence.

By 1776, the idea and will of the American revolution were becoming more and more mature. As the theoretical support of this revolution originated from the British and matured in the American tradition of rule of law, the American revolution was also a war for the independence and sublimation of the rule of law and law in North America. The rule of law in colonial North America laid a solid foundation for the strength of the United States. After the independence of North America, it immediately entered the process of unifying various interest groups and political groups in the former colonies through laws and other means. After 10 years of legislative practice, it was basically completed and recognized by the American people. Despite the addition of articles suitable for the United States, the influence of the British legal system still exists widely in the American legal system.

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