Roman Law and Constitutionalism in Europe Quiz

Roman Law

Sabinians and Proculians

citation law

It didn't affect the legal unity, as the citation law was enacted by both Emperors

The Pillersdorf Constitution was established in 1848 and featured a two-chamber parliament, absolute veto power for the emperor, and joint legislation by the Parliament and the monarch, with the monarch required to sign every bill for it to become law.

Ministers could be held accountable for law violations, but the monarch himself remained unaccountable.

It was a late development compared to other European countries.

Constitutional monarchy, parliamentary sovereignty, and rule of law.

Similar to the German “Rechtsstaat”, with an independent court for effective complaint filing and the state bound by the law in its actions.

Monarch bound to the constitution and laws, independence of the judiciary, and foundation of administrative court in 1876.

Common law principles applicable to all peoples, derived from “nature” in antiquity, including inviolability of the envoy and common use of the seashore.

Influence of Aristotle's thinking on international law.

Development from feudalistic structures to independent states entering into relations under international law.

Large Christian kingdoms as individual sovereign states, and the significant loss of power of the papacy due to the Western Schism.

Influence of Aristotle's thinking on international law and the gradual development of ius gentium.

The key events were the Peace of Augsburg in 1555 and the Thirty Years' War leading to the Peace of Westphalia in 1648.

The concept of sovereignty played a key role in the Peace of Westphalia, leading to increased sovereignty for major principalities.

The international community of the Spanish era was primarily composed of European Christian states, resembling the community in the Middle Ages, but with the addition of new European powers like Sweden and the Netherlands.

"Ius gentium" (law of nations) emerged as the 'law of nations' dominated by modern natural law thinking and evolved into the law of reason.

The idea that natural law could take on different shapes depending on time and space gained ground, leading to the synthesis of natural law and the Enlightenment in the 'law of nations.'

The Russian Empire and the USA were recognized as major powers in the expansion of international law in the 18th century.

The 19th century was characterized by the emergence of nation-states and the independence aspirations of former colonies, as well as the rise of the USA to a regional power and continued imperialism, particularly in Africa.

In 1856, the Ottoman Empire became the first non-Christian member of the international community.

Non-European states like Japan, China, Persia, and Siam were admitted to the international community in the 19th century.

The rise of positivism characterized the field of international law in continental Europe in the 19th century.

Modern natural law thinking predominated in countries with a common law tradition, such as Great Britain and the USA, in the 19th century.

The concept of natural law evolved in the 18th century to take on different shapes depending on time and space, leading to the synthesis of natural law and the Enlightenment in the 'law of nations.'

The Codex Theodosianus was compiled by Byzantine Emperor Theodosius II in 438 AD.

Byzantine Emperor Justinian I published a codex similar to the Codex Theodosianus in 529 AD in an attempt to restore the Roman Empire.

The Digests or Pandekts were a collection of classic legal writings commissioned by Justinian I, consisting of excerpts from original texts by late classical jurists, modified to modernize it.

The Corpus iuris Civilis (CIC) consisted of the Codex, Digests, and Institutiones, and greatly influenced European legal culture.

The Glossators were the first jurists of the middle ages who wrote explanations to the CIC, using a scholastic method without source criticism.

The reception of Roman Law in the Middle Ages led to the transfer of legal practice from universities to legal practice, resulting in the ius commune, a pan-European law.

The reception of Roman Law had regional differences, with strong reception in the Holy Roman Empire and Spain but weak reception in England due to its strong government and common law tradition.

Constitutionalism emerged as a pan-European phenomenon from 1789 onwards, aiming to limit the power of monarchs and ensure the participation of the bourgeoisie in state affairs.

The key features of modern constitutions based on enlightened natural law thinking included establishing people's sovereignty, limited government, fundamental rights, separation of powers, and rule of law.

Under pressure from events, the monarchs of Austria and Prussia promised constitutions in 1848, leading to the transformation of Austria into a constitutional monarchy with the 'Pillersdorf Constitution.'