Chapter 9: an Overview of British Constitutional History: the King And
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Why Did Britain Become a Republic? > New Government
Civil War > Why did Britain become a republic? > New government Why did Britain become a republic? Case study 2: New government Even today many people are not aware that Britain was ever a republic. After Charles I was put to death in 1649, a monarch no longer led the country. Instead people dreamed up ideas and made plans for a different form of government. Find out more from these documents about what happened next. Report on the An account of the Poem on the arrest of setting up of the new situation in Levellers, 1649 Commonwealth England, 1649 Portrait & symbols of Cromwell at the The setting up of Cromwell & the Battle of the Instrument Commonwealth Worcester, 1651 of Government http://www.nationalarchives.gov.uk/education/ Page 1 Civil War > Why did Britain become a republic? > New government Case study 2: New government - Source 1 A report on the arrest of some Levellers, 29 March 1649 (Catalogue ref: SP 25/62, pp.134-5) What is this source? This is a report from a committee of MPs to Parliament. It explains their actions against the leaders of the Levellers. One of the men they arrested was John Lilburne, a key figure in the Leveller movement. What’s the background to this source? Before the war of the 1640s it was difficult and dangerous to come up with new ideas and try to publish them. However, during the Civil War censorship was not strongly enforced. Many political groups emerged with new ideas at this time. One of the most radical (extreme) groups was the Levellers. -
1 Law and the Construction of Policy. a Comparative Analysis Edward C
Law and the Construction of Policy. A Comparative Analysis Edward C Page Department of Government, London School of Economics and Political Science Paper prepared for the Annual Conference of the Political Studies Association, Brighton, Session 6 Executive Politics, Bureaucracy and Legislation Tuesday 22 March 15:30-17:00 . DRAFT. Abstract Like many other things, statutes are shaped by their environments. It is possible to show that a range of constitutional and institutional constraints produce characteristics shared by much legislation in one jurisdiction that distinguish it from much legislation in others. These characteristics include features such as the specificity of the language in which laws are written, how statutes delegate powers, the use of symbolism in legislation and the degree to which policy is developed in a cumulative manner. These features are not matters of “culture” or “style” but rather result from a) the role of statute in the wider legal-administrative system and b) the mode of production of legislation. This argument is developed on the basis of an analysis of 1,150 laws passed in 2014 in Germany, France, the UK, Sweden and the USA. Legislation is arguably the most powerful instrument of government (see Hood 1983). It is the expression of government authority backed up by the state's "monopoly of legitimate force" (Weber 1983). Yet apart from their authoritativeness there is rather little that can be said about the characteristics of laws as tools of government. In fact, each law is unique in what precisely it permits, mandates, authorises and prohibits, and to what ends. In this paper I explore a way of looking at legislation in between these two levels of abstraction: on the one hand law as supreme instrument and on the other laws as the idiosyncratic content of any individual piece of legislation. -
I the Committee of Safety
.· (~. ll II Ii ) ' THE COMMITTEE OF SAFETY. 11 "A thesis submitted to the ,, faculty of the Graduate School of the University of • Minnesota by Etheleen Frances ;emp in partial fulfillment of the requirements for the Ii degree of Master of Arts, May 5, 1911. 1;1 I Ii II Ii 11 ' :S I:BLI OGRAPHY. l. Source Material 1. Journals of the House of Lords, vol. V and VI. Journals of the House of Commons, vol. II and III. These contain the greater portion of the material on the Committee of Safety. 2. Royal Commission on Historical Manuscripts. London, 1874 etc. These volumes contain here and there a com munication to or from the Committee of Safety but have much less material that might be expected. References found:- 4th Report p 262. 5th Report pp. 48, 54, 56, 63, 65, 69, 80, 107, 114. 7th Report pp. 550-588. 10th Report App. 6 pp. 87-88. 13th Report App. 1 p. 104. 3. Calendar of State Papers. Domestic 1641-1644 London, 1887-8 lla.ny order for military supplies are given in the State Papers but not in full. 4. Rushworth,John, Historical collections, 8 vol. London, 1682-1701. Compilation of declarations and proclamations. Vol. 3 and 7 contain material on the Committee. They contain valuable proclamations of the King which cannot be found elsewhere. 5. Somers, Lord. Tracts, 13 vol. London, 1809-1815. Has several remonstrances of value. ){) 1 ~ ( ' ,.... 6. Whitacre. Diary Add. M S S 31, 116, fol. Had notes from first six months of the Committee period especially. -
The Movement for the Reformation of Manners, 1688-1715
THE MOVEMENT FOR THE REFORMATION OF MANNERS, 1688-1715 ANDREW GORDON CRAIG 1980 (reset and digitally formatted 2015) PREFACE TO THE 2015 VERSION This study was completed in the pre-digital era and since then has been relatively inaccessible to researchers. To help rectify that, the 1980 typescript submitted for the degree of PhD from Edinburgh University has been reset and formatted in Microsoft “Word” and Arial 12pt as an easily readable font and then converted to a read-only PDF file for circulation. It is now more compact than the original typescript version and fully searchable. Some minor typographical errors have been corrected but no material published post-1980 has been added except in the postscript (see below). Pagination in the present version does not correspond to the original because of computerised resetting of the text. Footnotes in this version are consecutive throughout, rather than chapter by chapter as required in the 1980 version. The original bound copy is lodged in Edinburgh University Library. A PDF scan of it is available at https://www.era.lib.ed.ac.uk /bitstream/handle/1842/6840/254333.pdf A further hand-corrected copy is available together with my research archive in the Special Collections Department at St Andrews University Library. http://www.st- andrews.ac.uk/library/specialcollections/ A note for researchers interested in the movement for the reformation of manners 1688-1715 and afterwards has been added as a postscript which lists other studies which have utilised this work and its sources in various ways. I am grateful to the Carnegie Trust for the Universities of Scotland for its generous scholarship support while a research student at Edinburgh University undertaking this study in the 1970s and to the following for their encouragement, guidance and support during the creation and completion of this research. -
Evolution and Gestalt of the State in the United Kingdom
Martin Loughlin Evolution and Gestalt of the state in the United Kingdom Book section (Accepted version) (Refereed) Original citation: Originally published in: Cassese, Sabino, von Bogdandy, Armin and Huber, Peter, (eds.) The Max Planck Handbooks in European Public Law: The Administrative State. Oxford, UK: Oxford University Press, 2017 © 2017 Oxford University Press This version available at: http://eprints.lse.ac.uk/81516/ Available in LSE Research Online: June 2017 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. This document is the author’s submitted version of the book section. There may be differences between this version and the published version. You are advised to consult the publisher’s version if you wish to cite from it. Ius Publicum Europaeum: The Max Planck Handbook of European Public Law Vol. I: Public Law and Public Authority § 15: United Kingdom Martin Loughlin Outline 1. INTRODUCTION 2. STATE 2.1. Introduction 2.2. State formation 2.3. The Crown, the Government and the Body Politic 2.4. Crown Prerogatives 3. -
Topic Key Foci Suggested Tasks/ Homework Information the Political
Topic Key Foci Suggested Tasks/ Homework Information The Political Nation and the social What was the Political Nation? Mind map THE POLITICAL NATION: The Pages 1-8 basis of power Social basis of power Monarch, Basis of Power, Political Importance of land ownership and rival forms of Nation Revision Guide Page 6 wealth James I and Charles I: character, Characters of James and Charles Produce a table showing the Pages 9-16 court and favourites Shape and style of monarchies- each monarchs views differences in James and Charles’ view Favourites especially Buckingham on monarchy Revision Guide Pages 7-9 19. Crown and Political Nation, 1604-1640 The finances of the Crown and Financial weaknesses of the Crown- causes Construct a timeline from 1603-1629 Pages 17-26 attempts at reform Attempts to reform and strengthen royal finances that shows all attempts by both kings during James’ reign to reform and improve crown finances- Revision Guide Pages 10-13 Great Contract colour code successes in green and Attempts to reform and strengthen royal finances failures in red during Charles reign Forced Loan Religion and religious divisions Challenges to James’ church from Catholics Mind map JAMES I AND RELIGION: Pages 27-36 Challenges to James’ church from Puritans Puritans, Scottish Kirk, Catholics Hampton Court Conference Revision Guide Pages 14-17 Bancroft’s Canons Mind map RELIGIOUS ISSUES UNDER Development of Arminianism CHARLES: Charles’ religious views, 18. Street Wars of Religion: Puritans and Charles’ favouring of Arminianism -
Notes on Parliaments Visited
3 Notes on parliaments visited Parliaments studied 3.1 This chapter provides a brief overview of the parliaments studied during the program in order to provide a context for the observations in Chapter 2. The notes are from the perspective of the committee’s interests and do not attempt to provide an overview of the parliaments themselves. There is obviously much more that could be said about each of the parliaments visited, but such comments would not reflect the experience provided by the study program. 3.2 As noted in paragraph 1.6 above, the committee was able to visit, observe and have discussions at the House of Commons and House of Lords in London, the Scottish Parliament in Edinburgh, the Tynwald in Douglas, (Isle of Man), the National Assembly for Wales in Cardiff and the French National Assembly in Paris. The notes on these assemblies reflect information provided during discussions as well as documents provided by our hosts. 3.3 Three main factors influenced the decision to visit the four parliaments in the United Kingdom and one in France: a desire to compare practices and procedures with other parliaments sharing Westminster origins (The House of Commons, House of Lords, Scottish Parliament and National Assembly for Wales); an interest in learning how quite different parliamentary traditions address issues relevant to all legislatures, including scrutinising the Executive, use of parliamentary committees, communicating with the 34 STUDY PROGRAM 2006 public, procedures for conducting formal votes, how parliaments adapt themselves to societal changes (the Tynwald and the French National Assembly in addition to the parliaments in Britain); and time constraints imposed by the need to slot the visit into part of the Easter break (returning in time for the Budget sittings) and the sitting patterns of other parliaments. -
1 the NAVY in the ENGLISH CIVIL WAR Submitted by Michael James
1 THE NAVY IN THE ENGLISH CIVIL WAR Submitted by Michael James Lea-O’Mahoney, to the University of Exeter, as a thesis for the degree of Doctor of Philosophy in September 2011. This thesis is available for Library use on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. I certify that all material in this thesis which is not my own work has been identified and that no material has previously been submitted and approved for the award of a degree by this or any other University. 2 ABSTRACT This thesis is concerned chiefly with the military role of sea power during the English Civil War. Parliament’s seizure of the Royal Navy in 1642 is examined in detail, with a discussion of the factors which led to the King’s loss of the fleet and the consequences thereafter. It is concluded that Charles I was outmanoeuvred politically, whilst Parliament’s choice to command the fleet, the Earl of Warwick, far surpassed him in popularity with the common seamen. The thesis then considers the advantages which control of the Navy provided for Parliament throughout the war, determining that the fleet’s protection of London, its ability to supply besieged outposts and its logistical support to Parliamentarian land forces was instrumental in preventing a Royalist victory. Furthermore, it is concluded that Warwick’s astute leadership went some way towards offsetting Parliament’s sporadic neglect of the Navy. The thesis demonstrates, however, that Parliament failed to establish the unchallenged command of the seas around the British Isles. -
The Cabinet Manual
The Cabinet Manual A guide to laws, conventions and rules on the operation of government 1st edition October 2011 The Cabinet Manual A guide to laws, conventions and rules on the operation of government 1st edition October 2011 Foreword by the Prime Minister On entering government I set out, Cabinet has endorsed the Cabinet Manual as an authoritative guide for ministers and officials, with the Deputy Prime Minister, our and I expect everyone working in government to shared desire for a political system be mindful of the guidance it contains. that is looked at with admiration This country has a rich constitution developed around the world and is more through history and practice, and the Cabinet transparent and accountable. Manual is invaluable in recording this and in ensuring that the workings of government are The Cabinet Manual sets out the internal rules far more open and accountable. and procedures under which the Government operates. For the first time the conventions determining how the Government operates are transparently set out in one place. Codifying and publishing these sheds welcome light on how the Government interacts with the other parts of our democratic system. We are currently in the first coalition Government David Cameron for over 60 years. The manual sets out the laws, Prime Minister conventions and rules that do not change from one administration to the next but also how the current coalition Government operates and recent changes to legislation such as the establishment of fixed-term Parliaments. The content of the Cabinet Manual is not party political – it is a record of fact, and I welcome the role that the previous government, select committees and constitutional experts have played in developing it in draft to final publication. -
Comparison of Constitutionalism in France and the United States, A
A COMPARISON OF CONSTITUTIONALISM IN FRANCE AND THE UNITED STATES Martin A. Rogoff I. INTRODUCTION ....................................... 22 If. AMERICAN CONSTITUTIONALISM ..................... 30 A. American constitutionalism defined and described ......................................... 31 B. The Constitution as a "canonical" text ............ 33 C. The Constitution as "codification" of formative American ideals .................................. 34 D. The Constitution and national solidarity .......... 36 E. The Constitution as a voluntary social compact ... 40 F. The Constitution as an operative document ....... 42 G. The federal judiciary:guardians of the Constitution ...................................... 43 H. The legal profession and the Constitution ......... 44 I. Legal education in the United States .............. 45 III. THE CONsTrrTION IN FRANCE ...................... 46 A. French constitutional thought ..................... 46 B. The Constitution as a "contested" document ...... 60 C. The Constitution and fundamental values ......... 64 D. The Constitution and nationalsolidarity .......... 68 E. The Constitution in practice ...................... 72 1. The Conseil constitutionnel ................... 73 2. The Conseil d'ttat ........................... 75 3. The Cour de Cassation ....................... 77 F. The French judiciary ............................. 78 G. The French bar................................... 81 H. Legal education in France ........................ 81 IV. CONCLUSION ........................................ -
The Canadian Bar Review
THE CANADIAN BAR REVIEW VOL . XXX OCTOBER 1952 NO . 8 The Rule Against the Use of Legislative History: "Canon of Construction or Counsel Of Caution"? D. G . KILGOUR* . Toronto I. Introduction The question whether the rule against the use of legislative his- tory is a "canon of construction or counsel of caution" I is only one', but perhaps the least explored, 2 aspect of the general problem of admissibility of extrinsic evidence in the interpretation of written documents. This general problem, in turn, is only one, but perhaps the most important,3 aspect of interpretation at large, which is a problem of general jurisprudence. In fact, juris- prudence itself has been defined as the art of interpreting laws.4 Interpretation or construction of a statute, as of any written document, is an exercise in the ascertainment of meaning. On principle, therefore; everything which is logically relevant should be admissible. Since a statute is an instrument of government * D. G. Kilgour, B .A. (Tor.), LL.M. (Harv.), of the Ontario Bar . Assist- ant Professor, School of Law, University of Toronto. 1 Per Bowen L. J. in Re Jodrell (1890),, L.R. 44 Ch.D. 590, at p. 614. 2 Lauterpacht, Some Observations on Preparatory Work in the Interpreta- tion of Treaties (1935), 48 Harv. L. Rev. 549, at p. 558. 3 Frankfurter, Some Reflections on the Reading of Statutes (1947), 47 Col. L. Rev. 527, at p. 529 : "I should say that the troublesome phase of construction is the determination of the extent to which extraneous docu- mentation and external circumstances may be allowed to infiltrate the text on, ihé theory that they were part of it, written in ink discernable to the judicial eye" . -
A Brief Chronology of the House of Commons House of Commons Information Office Factsheet G3
Factsheet G3 House of Commons Information Office General Series A Brief Chronology of the August 2010 House of Commons Contents Origins of Parliament at Westminster: Before 1400 2 15th and 16th centuries 3 Treason, revolution and the Bill of Rights: This factsheet has been archived so the content The 17th Century 4 The Act of Settlement to the Great Reform and web links may be out of date. Please visit Bill: 1700-1832 7 our About Parliament pages for current Developments to 1945 9 information. The post-war years: 11 The House of Commons in the 21st Century 13 Contact information 16 Feedback form 17 The following is a selective list of some of the important dates in the history of the development of the House of Commons. Entries marked with a “B” refer to the building only. This Factsheet is also available on the Internet from: http://www.parliament.uk/factsheets August 2010 FS No.G3 Ed 3.3 ISSN 0144-4689 © Parliamentary Copyright (House of Commons) 2010 May be reproduced for purposes of private study or research without permission. Reproduction for sale or other commercial purposes not permitted. 2 A Brief Chronology of the House of Commons House of Commons Information Office Factsheet G3 Origins of Parliament at Westminster: Before 1400 1097-99 B Westminster Hall built (William Rufus). 1215 Magna Carta sealed by King John at Runnymede. 1254 Sheriffs of counties instructed to send Knights of the Shire to advise the King on finance. 1265 Simon de Montfort, Earl of Leicester, summoned a Parliament in the King’s name to meet at Westminster (20 January to 20 March); it is composed of Bishops, Abbots, Peers, Knights of the Shire and Town Burgesses.