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Questions and Answers
Which monarchical dynasty saw the expansion of royal court jurisdiction, thus asserting common law over local and feudal courts?
Which monarchical dynasty saw the expansion of royal court jurisdiction, thus asserting common law over local and feudal courts?
- The Stuarts
- The Plantagenets
- The Tudors (correct)
- The Windsors
What was a key principle championed by Sir Edward Coke in his defense of common law?
What was a key principle championed by Sir Edward Coke in his defense of common law?
- The absolute authority of parliamentary decrees
- The prioritization of canon law over civil law
- The supremacy of the monarch's divine right
- The independence of common law from royal interference (correct)
What significant document, established following the Glorious Revolution, formalized constitutional principles shaping the development of common law?
What significant document, established following the Glorious Revolution, formalized constitutional principles shaping the development of common law?
- The Petition of Right
- The Bill of Rights (correct)
- The Act of Settlement
- The Magna Carta
Who is renowned for systematizing English common law through the publication of ‘Commentaries on the Laws of England’?
Who is renowned for systematizing English common law through the publication of ‘Commentaries on the Laws of England’?
Which period of English history saw tensions between the Crown's attempts at absolutism and the principles of the common law courts?
Which period of English history saw tensions between the Crown's attempts at absolutism and the principles of the common law courts?
Flashcards
Reinvention of Common Law
Reinvention of Common Law
The process of adapting and evolving common law principles to meet new challenges and circumstances, often driven by political shifts or social changes.
English Civil War and Glorious Revolution
English Civil War and Glorious Revolution
The English Civil War and subsequent Glorious Revolution, pivotal events that solidified the supremacy of Parliament over the monarchy and strengthened the role of common law.
Sir William Blackstone
Sir William Blackstone
A prominent legal scholar who systematized and codified common law principles through his influential work, "Commentaries on the Laws of England", making the law more accessible and coherent.
Sir Edward Coke
Sir Edward Coke
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Rule of Law
Rule of Law
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Study Notes
Early Modern Common Law Changes
- English common law significantly evolved during the early modern period, shaped by political conflicts, constitutional crises, and intellectual shifts.
- Judges and legal scholars adapted common law to address new issues, ensuring its continued development.
Tudor and Stuart Reforms
- Tudor monarchs expanded royal courts, establishing common law's dominance over local and feudal courts.
- Stuart monarchs' attempts at absolute rule caused tension between the Crown and common law courts.
Sir Edward Coke's Role
- Sir Edward Coke championed common law's independence from royal control, establishing key constitutional principles like the rule of law.
- Coke's writings and legal decisions emphasized common law's roots in ancient traditions.
Impact of Civil War and Glorious Revolution
- The English Civil War and Glorious Revolution reinforced parliamentary sovereignty and common law's importance.
- The Bill of Rights (1689) codified constitutional principles impacting common law further.
Influence of Legal Writers
- Sir William Blackstone systematized common law in his Commentaries on the Laws of England, enhancing its understanding and coherence.
Key Figures and Institutions
- Sir Edward Coke: Advocated for common law independence.
- Sir William Blackstone: Prominent in the codification and teaching of common law.
- Royal Courts: Their jurisdiction expanded in England, centralizing judicial authority.
Conclusion
- Despite political turmoil, common law adapted to challenges of the early modern period.
- Legal figures preserved fundamental principles while ensuring law's relevance to modern society.
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