Omar Bennett
The British legal tradition significantly influenced the development of American constitutionalism, particularly as the Founding Fathers sought to establish a system that limited political power while safeguarding individual rights. Central to this evolution was the Magna Carta of 1215, which established the principles of due process and the necessity of lawful judgment. Over the centuries, British legal philosophy evolved, with notable contributions from figures such as Sir Edward Coke, whose writings emphasized the supremacy of law and the importance of civil liberties, forming the groundwork for concepts like judicial review. The English Bill of Rights (1689) further shaped the American legal landscape, outlining fundamental rights that found expression in the U.S. Constitution and its Bill of Rights.
| Characteristics | Values |
|---|---|
| Basic rights | The right not to be kept in prison without a trial, the right to trial by jury, security in one's home from unlawful entry, limits on the government's power to tax, and the right to make a complaint to, or seek the assistance of, one's government without fear of punishment or reprisals. |
| Magna Carta | Established the principles of due process and the necessity of lawful judgement. |
| English Bill of Rights | Outlined fundamental rights that found expression in the U.S. Constitution and its Bill of Rights. |
| Parliamentary sovereignty | The principle that Parliament holds sovereign power, not the people. |
| Common law | Emphasized a consistent application of justice and led to practices like the grand jury system. |
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What You'll Learn
The Magna Carta
In the centuries that followed, the Magna Carta was revered by America's Founding Fathers, including Benjamin Franklin and Thomas Jefferson, who saw it as a potent symbol of liberty and the natural rights of man against an oppressive or unjust government. The colonists invoked the authority of the Magna Carta to support their concept of "liberty" and independence from Great Britain, portraying King George III as a tyrannical King John.
The First Continental Congress, which met in 1774, drafted a Declaration of Rights and Grievances claiming for the colonists the liberties guaranteed to them under "the principles of the English constitution", which included the Magna Carta. The colonists sought the preservation of their self-government, freedom from taxation without representation, the right to a trial by a jury, and their enjoyment of "life, liberty, and property" free from arbitrary interference from the crown.
The influence of the Magna Carta was also felt in the Philadelphia Constitutional Convention in 1787, where the principles of due process and individual liberty were enshrined into law in the Bill of Rights, which comprises the first ten amendments to the United States Constitution. The Magna Carta's influence can be seen in several state constitutions, which include declarations of rights intended to guarantee individual citizens a list of protections and immunities from state governments.
Overall, the Magna Carta has been hailed as a statement of fundamental law, the basis of the English constitution, and a defence of individual liberty. However, some scholars argue that the Magna Carta was not a democratic document, as it only guaranteed specific legal rights to the landed class and did not introduce democracy to England.
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English Bill of Rights
The English Bill of Rights, enacted in 1689, is a crucial statute in English constitutional law. It set out certain fundamental civil rights and changed the succession to the English Crown. The Bill of Rights was largely influenced by the ideas of political theorist John Locke and was based on earlier English documents such as the Magna Carta, the Petition of Right, and the Massachusetts Body of Liberties.
The English Bill of Rights established a constitutional requirement for the Crown to seek the consent of the people as represented in Parliament. It placed limits on the powers of the monarch and outlined the rights of Parliament, including the requirement for regular parliaments, free elections, and parliamentary privilege. It also listed individual rights, such as freedom of speech, the right to petition the king, and the prohibition of cruel and unusual punishment. Additionally, it described and condemned several misdeeds of James II of England.
The English Bill of Rights had a significant influence on the American Bill of Rights. The American Bill of Rights, written by James Madison, comprises the first ten amendments to the US Constitution and was designed to limit government power and protect individual liberties. The English Bill of Rights, along with other foundational texts, provided a model for the drafting of the American Bill of Rights.
The American Bill of Rights includes amendments that guarantee freedom of speech, freedom of religion, the right to bear arms, and protection from unreasonable government intrusion, among others. These rights were seen as natural rights that needed to be protected and enshrined in the Constitution. The inclusion of these rights in the US Constitution was a direct response to the colonial struggle for power and the desire to safeguard individual liberty and limit government authority.
In conclusion, the English Bill of Rights played a pivotal role in shaping the American understanding of constitutionalism and individual liberties. It provided a foundation for the American Bill of Rights, which sought to protect the rights of citizens and ensure that government power was constrained. The influence of the English Bill of Rights can be seen in the specific rights and liberties outlined in the US Constitution, reflecting a shared history and a commitment to certain fundamental freedoms.
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Common law
The law of the United States is largely derived from the common law system of English law, which was in force in British America at the time of the American Revolutionary War. The United States and most Commonwealth countries are heirs to the common law legal tradition of English law.
Certain practices traditionally allowed under English common law were expressly outlawed by the US Constitution, such as bills of attainder and general search warrants. As common law courts, US courts have inherited the principle of stare decisis. American judges, like common law judges elsewhere, not only apply the law but also make the law to the extent that their decisions become precedents for future cases.
All US states except Louisiana have enacted "reception statutes" that generally state that the common law of England, particularly judge-made law, is the law of the state as long as it does not conflict with domestic law or indigenous conditions. The substance of English law was formally "received" into the United States in several ways.
The colonists argued that, as British subjects, they were entitled to the same privileges as their fellow subjects in Britain. They could not be taxed without their consent, and because they were unrepresented in the Parliament that voted on taxes, they had not given their consent. The First Continental Congress affirmed that the colonies were entitled to the common law of England. The colonists held that Parliament could do nothing in the colonies that it could not do in Britain because the Americans were protected by all the common-law rights of the British.
Today, American cases rarely cite foreign materials. However, courts occasionally cite a British classic or two, a famous old case, or a nod to Blackstone. Foreign law has been cited as a reflection of the shared values of Anglo-American or Western civilization.
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Parliamentary sovereignty
The principle of parliamentary sovereignty was also applied in the context of British colonial rule in America. The British justified their authority over the colonists by referring to themselves as parents and to the colonists as children, implying that colonial insubordination was "unnatural". The colonists, however, argued that Parliament could do nothing in the colonies that it could not do in Britain, as they were protected by all the common-law rights of British subjects. They claimed that, as they were unrepresented in the Parliament that voted on taxes, they had not consented to taxation, and therefore could not be taxed without their consent.
In the modern context, the notion of parliamentary sovereignty has been challenged by the Parliament Act 1911, which shifted power towards the Cabinet and political parties. In other countries, such as Australia, the idea of parliamentary sovereignty coexists with a rigidly defined federal constitution, which limits the power of the Commonwealth Parliament to particular subjects.
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Rights of Englishmen
The "rights of Englishmen" were a foundation of American law, as asserted by Supreme Court Justice Joseph P. Bradley in his dissenting opinion on the Slaughter-House Cases in 1873. These rights were brought over to the American shores by its people, who had wrested them from English sovereigns over time.
The rights of Englishmen in British America were influenced by the Magna Carta, which guaranteed Englishmen certain rights and liberties. The importance of the Magna Carta as a guarantor of English rights was emphasised by Sir Edward Coke, and this view was reflected in the laws of the colonies. For instance, in 1641, jurist and Puritan minister Nathaniel Ward compiled "The Body of Liberties," a document that formed the basis of the first Massachusetts code of law enacted in 1648. It included guarantees of freedom from unlawful imprisonment or execution, unlawful seizure of property, the right to a trial by jury, and due process of law, all of which were based on the Magna Carta. Over time, all of the colonies adopted language from the Magna Carta to guarantee basic individual liberties.
The American colonies became fertile ground for liberalism within European political discourse since the 17th century. The colonists argued that as British subjects, they were entitled to the same privileges as their fellow subjects in Britain. They claimed that they could not be taxed without their consent, and because they were unrepresented in the Parliament that voted on taxes, they had not given their consent. This was reflected in the Suffolk Resolves, which put natural rights into the official colonial argument for the first time.
The ideas of John Locke, who justified England's Glorious Revolution by arguing that King James II had failed to uphold the government's obligation to protect individuals' fundamental rights to life, liberty, and property, were also important to American revolutionaries. The colonists believed that they were protected by all the common-law rights of the British, and that Parliament could do nothing in the colonies that it could not do in Britain. This was affirmed by Richard Bland of Virginia, who insisted that "rights implied equality."
Thus, the "rights of Englishmen" played a significant role in shaping the legal and political landscape of British America, influencing the colonists' understanding of their rights and shaping their arguments for independence and self-governance.
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Frequently asked questions
The British legal tradition significantly influenced the development of American constitutionalism, particularly as the Founders sought to establish a system that limited political power while safeguarding individual rights.
They included the right not to be kept in prison without a trial, the right to trial by jury, security in one's home from unlawful entry, and limits on the government's power to tax.
The Magna Carta, or the Great Charter of Freedom, was granted in 1215 by King John of England by the demand of his barons. It confirmed certain traditional rights such as the rule of law, basic rights, and government by agreement or contract.
The Petition of Right of 1682, the Habeas Corpus Act of 1679, and the English Bill of Rights of 1689.
The principle of parliamentary sovereignty expressed that Parliament holds sovereign power and that colonial insubordination was "unnatural", similar to how the revolt of children against parents was unnatural.
