Constitutionalism's Roots: England And The Dutch Republic

how did constitutionalism emerge in england and the dutch republic

The emergence of constitutionalism in England and the Dutch Republic was a transformative event that shaped the political landscape of Europe. In England, constitutionalism emerged as a response to civil unrest caused by King James I, culminating in a Civil War, a king's execution, and a shift in power dynamics. The English Bill of Rights, signed by Mary II and William of Orange, laid the foundation for a constitutional monarchy, limiting the monarchy's power. Meanwhile, the Dutch Republic, established in 1579, was marked by a power struggle between the Orangists and Republicans, with the latter advocating for localism, municipal rights, and peace. The Dutch constitution, influenced by the Union of Utrecht, guaranteed freedom of conscience and set the stage for the country's renowned achievements in trade, science, and art during the Dutch Golden Age.

Characteristics Values
Emergence of constitutionalism After long wars in the Netherlands and England, alternatives to absolutism were established in both theory and practice.
English Civil War King Charles I was trying to act more like an absolute monarch, which led to a civil war between Parliament and the King. Parliament won and the king was executed.
Glorious Revolution James II, who came to the throne in 1685, was overthrown in the Glorious Revolution of 1689, which placed clear limits on the power of the English monarchy.
John Locke's Ideas John Locke, a supporter of the Glorious Revolution, believed that government was a social contract to establish order and protect natural rights. He shaped the idea of a constitutional monarchy in opposition to absolute monarchy.
New Model Army Cromwell's New Model Army was a volunteer force that promoted merit-based promotions and fought for freedom and opportunity for the common people.
Religious Toleration in the Dutch Republic Calvinism was dominant, but Catholics, Lutherans, Anabaptists, and Jews enjoyed religious freedom, fostering a cosmopolitan society that promoted commerce.
Economic Prosperity in the Dutch Republic The Dutch Republic was the leading commercial power in the 17th century, with a large fleet, dominant banking, and control of the spice trade.
English Middle Class The size of the English middle class was proportionally larger than in other European countries, and English entrepreneurs played a key role in promoting colonies in North America.
Taxation and Peasantry The English gentry was willing to pay taxes, and the peasantry, while wanting control over tax allocation, was not overburdened by taxes.
Stuart Kings Stuart kings believed in their divine right and wanted a monarchy free from parliamentary restraints.
Parliamentary Monarchy Cromwell's Parliament abolished the monarchy and the House of Lords, establishing a republic with limits on royal power.
Dutch Federal Assembly The Dutch federal assembly handled foreign affairs but lacked sovereign authority, referring issues to local Estates for approval.
Dutch Constitution The Dutch constitution lacks a general right to property, but it prohibits unlawful expropriation, allowing it only in specific circumstances for the public interest with prior assurance of full indemnity.
Dutch Military Service The Dutch military has a history of conscription, but it has evolved towards a professional army, with provisions for conscientious objectors and civil defence.
Dutch Judiciary The independence of the judiciary is established, with no royal interference and a prohibition on maintaining a standing army during peacetime.

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The English Civil War and the execution of King Charles I

The English Civil War was fought between supporters of King Charles I and the English and Scottish parliaments, with the latter emerging victorious. The war was sparked by Charles' refusal to compromise on power-sharing and his attempts to rule as an absolute monarch. Charles' actions, such as levying taxes without parliamentary consent and imprisoning people without trial, angered Parliament and the English people. The civil war lasted from 1642 to 1645, with thousands of lives lost, including that of the King himself.

Following his defeat at the hands of the Parliamentarian New Model Army in 1645, Charles surrendered to a Scottish force and was handed over to the Long Parliament in London. He temporarily escaped captivity in November 1647 but was soon recaptured and imprisoned on the Isle of Wight. By the end of 1648, the New Model Army had consolidated its control over England and was ready to move against the King.

In January 1649, Charles was tried, convicted, and sentenced to death for high treason. Fifty-nine commissioners signed his death warrant. On 30 January 1649, Charles was beheaded outside the Banqueting House in Whitehall, London. He faced his death with courage and dignity, stretching out his hand before the axe fell in one clean blow. Charles thus became the first European monarch to be put on trial and executed by his own subjects.

The execution of King Charles I and the abolition of the monarchy that followed marked a significant turning point in English history. England became a republic or "Commonwealth", with a Council of State assuming executive power. The civil war and the King's execution also played a crucial role in Anglo-American constitutional history, setting the stage for the emergence of constitutionalism in England.

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The Glorious Revolution and the defeat of absolutism

The English Civil War was fought between supporters of Parliament and King Charles I, who was attempting to act more like an absolute monarch. Parliament won, and Charles I was executed for treason in 1649. Oliver Cromwell became the leader of the army and "Lord Protector" of England, and Parliament abolished the monarchy and the House of Lords.

After Cromwell's death, Charles II, the son of Charles I, was restored to the throne. Charles II's brother, James II, succeeded him in 1685, but his reign was short-lived due to another revolution. James II, like his predecessors, attempted to strengthen the monarchy and impose religious uniformity, which led to his overthrow in the Glorious Revolution of 1689.

The Glorious Revolution marked a significant turning point in the defeat of absolutism and the establishment of constitutionalism in England. James II's attempts to exert royal authority and impose religious uniformity were met with resistance, and his reign ended in 1688 when he fled the country. The English Bill of Rights, passed in 1689, placed clear limits on the power of the monarchy, prohibiting a Roman Catholic monarch and guaranteeing certain rights and liberties for the people. This revolution set a precedent for the idea of constitutional monarchy and limited government power, with the law being placed above the monarch.

John Locke, a prominent philosopher and supporter of the Glorious Revolution, played a significant role in shaping the ideas of constitutional monarchy and social contract theory. Locke argued that government was a social contract between people to establish order and protect their natural rights. He believed that if a government failed to uphold its end of the bargain and protect the rights of life, liberty, and property, the people had the right to replace it. Locke's ideas influenced not only the Glorious Revolution but also subsequent revolutions, including the American Revolution.

The Dutch Republic, during the same period, served as another important exception to the pattern of absolutism in Europe. The Dutch Republic maintained strong local governments while keeping the Stadtholder relatively weak. It ensured religious tolerance, with Calvinism as the dominant religion but allowed freedom for Catholics, Lutherans, Anabaptists, and Jews. The federal assembly of the Dutch Republic handled foreign affairs, but all decisions required approval from the local Estates, showcasing the distribution of power. The Dutch Republic's economic prosperity, with Amsterdam as Europe's financial center, and its leading commercial power, also contributed to its influence during this time.

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John Locke's social contract theory and constitutional monarchy

John Locke's social contract theory is a core concept of constitutionalism. The theory, conceptualized in the Age of Enlightenment, holds that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority of the ruler or the decision of the majority. This surrender is in exchange for protection of their remaining rights or the maintenance of the social order.

Locke's theory of the social contract is based on the idea that people have rights, such as the right to life, liberty, and property, that exist independently of the laws of any particular society. He argued that people in a state of nature conditionally transfer some of their rights to the government to ensure the stable, comfortable enjoyment of their rights. Locke's theory differs from that of Thomas Hobbes, as he believed that individuals in a state of nature would willingly come together to form a state.

Locke's conception of the social contract was invoked in the Glorious Revolution, which ended absolute monarchy in England. Locke supported this revolution, believing that government was a social contract entered into by people to establish order and protect their natural rights. If the government failed to uphold its end of the bargain, the people had the right to replace it. This idea of government by law was shaped into a philosophical form by Locke, giving shape to the idea of constitutional monarchy as opposed to absolute monarchy.

Locke's theory of separation of powers does not dictate a specific type of constitution and allows for unelected officials to hold legislative power. He believed that the people should have elected representatives with the power to block attacks on their liberty and unjustified taxation. Locke's ideas influenced the American Revolution, as the American founders drew upon his ideas to legitimate their revolt against the English king.

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Religious freedom and tolerance in the Dutch Republic

During the 16th and 17th centuries, the Dutch Republic was known for its high valuation of religious tolerance. This reputation for tolerance arguably remains a point of national pride in the Netherlands today.

The Dutch Republic's religious tolerance was informed by its history. The Netherlands gained independence from Spain over both political and religious issues, so it chose to practice tolerance toward people of other religions. The Dutch Republic opened its borders to religious dissenters (Protestants and Jews) from elsewhere. During the 17th and 18th centuries, nearly 50% of the population of Amsterdam were first-generation immigrants from outside the Netherlands, including many Jews from Antwerp. Jews governed their communities under their own laws and formed a separate society. The Dutch Republic also hosted religious refugees, including Puritans from England and Protestant Huguenots from France.

Calvinism was the dominant religion in the Dutch Republic, and it became the de facto state religion. Only Calvinists (and, in some cases, Jews) were allowed to hold political office. Other Christian denominations were tolerated but discriminated against, and believers were not allowed to practice their religions in public. Judaism was allowed in public, and Lutheranism was permitted in larger cities on the condition that congregations maintained Calvinist church interior styles, without having crucifixes.

In the 19th century, there was a rising conflict among Catholics, liberal Calvinists, and orthodox Calvinists. The Dutch solution, known as pillarization, lasted until the 1960s. During this period, the Netherlands was dominated by three religious pillars: an orthodox Calvinist, a Catholic, and a neutral one. These subcultures generally did not interfere with each other, and there was considerable religious tolerance among them.

In the 1800s, another group of orthodox Calvinists, led by Abraham Kuyper, split from the Dutch Reformed Church. Kuyper founded a range of religiously inspired organizations, including a political party. During this time, Catholics also began to develop their own non-governmental institutions.

Today, the Dutch constitution prohibits discrimination on religious grounds and provides for the freedom of individuals to profess their religion or belief, either individually or in community with others, provided it does not affect their responsibilities under the law.

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Economic prosperity and the Dutch East India Company

The Dutch East India Company, officially the Vereenigde Nederlandsche Geoctroyeerde Oostindische Compagnie (VOC), was a government-chartered joint-stock company that played a significant role in the economic prosperity of the Dutch Republic. Established on March 20, 1602, it was one of the first joint-stock companies in the world, allowing any citizen of the Dutch Republic to purchase shares. The VOC was granted a 21-year monopoly on trade activities in Asia, which included the lucrative spice trade in the East Indies.

The VOC's extensive operations resulted in warehouses filled with valuable commodities such as spices, coffee, tea, textiles, porcelain, and silk. It traded across multiple colonies and countries in both the East and the West, establishing itself as the world's first multinational corporation. The company also possessed quasi-governmental powers, including the ability to wage war, negotiate treaties, and establish colonies. This power allowed it to exert its influence over other rulers and force them to accept its trading conditions, solidifying its dominance in the region.

The VOC's success contributed significantly to the economic prosperity of the Dutch Republic. Amsterdam, in particular, benefited from the company's activities and remained Europe's financial center until the French Revolution. The Dutch Republic's economic success was further bolstered by its strong banking sector, with Amsterdam's trusted Exchange Bank replacing the Italians as the bankers of Europe. Additionally, the Dutch Republic enjoyed religious freedom, which promoted commerce and contributed to its cosmopolitan society.

However, the VOC began to face financial difficulties in the 18th century due to various factors, including the breach of its monopoly by smuggling, growing administrative costs, and corruption within the company. The Dutch Republic's surrender to France during the French Revolutionary Wars further complicated matters, and in 1799, the Dutch government terminated the affairs of the Dutch East India Company.

In summary, the Dutch East India Company was a pivotal force in the economic prosperity of the Dutch Republic, particularly through its dominance in the Asian trade and its contribution to Amsterdam's status as a financial center. However, the company eventually succumbed to financial troubles and the shifting political landscape of the late 18th century.

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