Gavin Howe
The US Constitution was influenced by British law in several ways. The United States' criminal justice system, for example, is based on the British principle of innocent until proven guilty. The US also adopted the British civil trial evidentiary standard of preponderance of the evidence. The US jury trial system is modelled on the British one, and the US legal system as a whole is fashioned after the British one. The US Constitution was also influenced by the British Magna Carta, which established the principles of due process and the necessity of lawful judgment.
| Characteristics | Values |
|---|---|
| English as the official language | English |
| Legal system fashioned after British legal system | Jury trials, evidentiary standards, tort law, etc. |
| Jury trials | Presiding judge, prosecutor, defence counsel, witnesses, court stenographer |
| Evidentiary standards | Preponderance of evidence, beyond a reasonable doubt |
| Tort law | Originates from English common law |
| Impeachment | Impeachment for cause, pioneered by British parliament |
| Judicial review | Originates from British judicial development |
| Magna Carta | Inspiration for the theory of representative government, the idea of a supreme law, and judicial review |
| English Bill of Rights | Fundamental rights that found expression in the U.S. Constitution and its Bill of Rights |
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What You'll Learn
The influence of the Magna Carta
The Magna Carta, or the "Great Charter of Freedoms", has had a profound influence on the US Constitution. The document, which was signed in 1215, became a symbol of liberty and the natural rights of man against oppressive or unjust governments. This symbol was especially important to the Founding Fathers, who had just broken free from the British Empire and were anxious about foreign influence on their young democracy.
The colonists viewed the Magna Carta as documentary evidence of their rights and liberties as Englishmen, whether they resided in England or the colonies. They believed that the British Parliament had betrayed the "higher law" of the Magna Carta, and that they were therefore justified in rebelling to preserve their rights, not to overthrow a government. The Declaration of Independence, which states that all men have the right to "life, liberty and the pursuit of happiness", was modelled on the Magna Carta.
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The English Bill of Rights
The influence of English law on the US Constitution can also be seen in other areas. For example, the US criminal justice system is founded on the presumption of innocence, which is reflected in Britain's version of 'innocent until proven guilty'. American jury trials are also fashioned after British jury trials, with both systems sharing key elements such as a presiding judge, prosecutor, defence counsel, witnesses, and a court stenographer.
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Jury trials
The right to a trial by jury, deeply rooted in English common law, has been embraced by America's Founding Fathers and remains a cornerstone of the U.S. legal system today. The concept of a trial by jury dates back centuries, with ancient Greeks, Romans, Saxons, and early Germanic tribes using early forms of the legal practice.
The right to a trial by jury was influenced by the 13th-century Magna Carta, which inspired the U.S. Founding Fathers as they wrote the documents that would shape the nation. Chapter 39 of the document reads:
> No free man shall be seized or imprisoned, or stripped of his rights or possessions...except by the lawful judgment of his equals (peers).
The right to a trial by jury was also influenced by philosophers such as John Locke and Montesquieu, according to Brianna Seid, counsel in the Brennan Center's Justice Program. Seid notes that by the 17th century, the right to a jury trial was well established in English common law and was seen as a fundamental right and an essential safeguard against arbitrary rule.
The Massachusetts Bay Colony impaneled the first Grand Jury in 1635 to consider cases of murder, robbery, and wife-beating. By 1700, the value of the Grand Jury was recognized as opposing the Royalists. These colonial Grand Juries expressed their independence by refusing to indict leaders of the Stamp Act (1765) and refusing to bring libel charges against the editors of the Boston Gazette (1765).
In 1776, the Declaration of Independence included charges against Britain's King George III for "depriving us in many cases, the benefits of trial by jury." Following the Declaration of Independence, each colony had to write a new state constitution. These constitutions were based on the principles and rights outlined in the Magna Carta and the British Bill of Rights, as well as interpretations of British common law by men such as Thomas Coke and William Blackstone.
The right to a trial by jury was further codified in the U.S. Constitution and the Bill of Rights, which was passed by Congress on September 25, 1789. The Sixth Amendment outlines the rights to a speedy, impartial jury trial in criminal cases, while the Seventh Amendment guarantees the right to a jury trial in civil cases. These amendments reflect the belief that the jury is a fundamental part of democracy and a check on potential government overreach and abuse.
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The presumption of innocence
The US Constitution does not explicitly mention the "presumption of innocence", but it is widely considered to follow from the Fifth, Sixth, and Fourteenth Amendments. The Fifth Amendment, which protects the right to due process, states that the government cannot deprive citizens of their freedom or property without following the proper procedures. This includes the right to be presumed innocent until proven guilty, which is fundamental to due process. The Sixth Amendment guarantees the right to a fair trial, which includes the right to remain silent and not testify during the proceedings. The Fourteenth Amendment extends the Bill of Rights to the states.
The influence of British law on the US Constitution can be seen in the adoption of the presumption of innocence as a fundamental right. The US criminal justice system is founded on this principle, which was incorporated from Britain's version of "innocent until proven guilty". The US and Britain share the same evidentiary standard for civil trials, known as the preponderance of evidence, which is a lower burden of proof than beyond a reasonable doubt.
The US Constitution and the British legal system also share similarities in their jury trial processes. Both systems require a presiding judge, prosecutor, defense counsel, witnesses, and a court stenographer. Additionally, both countries only grant a jury trial if the accused may face punishment of over six months' imprisonment.
The influence of British law on the US Constitution can also be seen in the adoption of other legal principles, such as the right to a lawyer and plea bargaining. The US Constitution provides several protections for defendants, including the right to have a lawyer represent them during questioning by police and in court. Plea bargaining is another strategy that can be used by defense lawyers to help defendants avoid the most serious criminal penalties. These protections reflect the influence of British common law and the Tudor legal traditions that were inherited by the American colonists.
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Tort law
The fundamental principles of injury law, or "Tort Law", in the United States come directly from England. For example, a citizen's ability to sue a public entity in the United States can be traced back to prohibitions against suing the sovereign or the King in English common law.
The Industrial Revolution further influenced the development of tort law, as increased interactions between individuals and businesses led to new legal challenges. The introduction of liability for defective products and workplace injuries highlighted the need to adapt tort law to address societal changes.
In the United States, tort law has been constitutionalized through the increasing exercise of judicial power. Significant legislation has been enacted to reduce frivolous lawsuits and streamline the legal process, including capping damages and modifying rules governing evidence. These reforms aim to balance the rights of claimants with the need for fair litigation.
A notable example of a U.S. tort is interference with privacy, which includes the unauthorized use of one's photograph for advertising or electronic eavesdropping in one's home.
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Frequently asked questions
The 13th-century pact, widely considered a reassertion of rights against oppressive rulers, inspired the Founding Fathers as they wrote the US Constitution. The document's influence is seen in the inclusion of the phrase "by the law of the land" in all American documents preceding the Constitution, and in the concept of "due process" in the 5th and 14th Amendments.
The US Founders sought to establish a system that limited political power while safeguarding individual rights, drawing on British legal philosophy and fundamental documents. The English Bill of Rights (1689) outlined rights that were later expressed in the US Constitution and its Bill of Rights. The transition from feudal systems to common law also emphasised consistent justice, influencing practices like the grand jury system.
The US criminal justice system is founded on the presumption of innocence, with guilt needing to be proven beyond a reasonable doubt, mirroring the British system. The US also adopted the concept of stare decisis from British common law, ensuring uniformity and consistency in legal rulings.
The US tort system, or injury law, is directly influenced by British law. The concept of penalties being determined by a person's worth to the community, as seen in Anglo-American law, originated from British common law.
