Anaya Nolan
The origins of common law and parliament in England can be traced back to the 12th and 13th centuries, respectively. In 1154, Henry II became the first Plantagenet king and is credited with institutionalizing common law by creating a unified system of law that was common throughout the country. This replaced the previous system of local customs and laws that varied by locality. Meanwhile, the Parliament of England emerged as the legislature of the Kingdom of England in the 13th century, evolving from the great council of bishops and peers that advised the English monarch. The establishment of Parliament under Edward I (1272-1307) marked the emergence of England's first distinct legislative institution, preceding statutory law.
| Characteristics | Values |
|---|---|
| Common law creation | In the late 1100s, Henry II created a unified system of law "common" to the country through incorporating and elevating local custom to the national level, ending local control and peculiarities, eliminating arbitrary remedies, and reinstating a jury system. |
| Common law precedence | Precedent decisions by judges became binding, replacing the pre-Norman system of local customs and law varying in each locality. |
| Common law emphasis | Emphasized written documentation, peaceful resolution of disputes, the use of local juries to establish both law and fact, and a clear hierarchy of courts. |
| Parliament formation | The English Parliament formed unintentionally and haphazardly to address the daily political needs of the English king and his government. |
| Important events | The deposition of Edward II in 1327, the separation of the Commons from the nobility and clergy in 1341, the Treaty of Union in 1707, and the Acts of Union in 1800. |
| Parliamentary powers | The power to create statutory law, pass acts, and legislate for the Crown Dependencies, British Overseas Territories, and the United Kingdom. |
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What You'll Learn
Common law emerged in the late 1100s
The English common law, which originated in the early Middle Ages, was largely created in the period after the Norman Conquest of 1066. It replaced the Anglo-Saxon law in England and was based on procedural remedies rather than substantive rights. Over time, these remedies evolved into the modern system, where rights are seen as primary. During the Middle Ages, English common law was administered by the king's courts, with justices and judges responsible for adapting the system of writs to meet everyday needs.
The English Court of Common Pleas was established after the Magna Carta in 1215 to try lawsuits between commoners in which the monarch had no interest. Judge-made common law served as the primary source of law for several hundred years before Parliament acquired legislative powers to create statutory law. Common law is made by sitting judges who apply statutory law and established principles derived from past decisions. While common law can be amended or repealed by Parliament, it still serves as the foundation and prime source of English law, with statutory legislation being the most authoritative.
The development of common law contributed to the expansion of rights and access to justice in England. The establishment of permanent royal courts in Westminster allowed for a more consistent and centralised legal system, ensuring that all classes, from freemen to nobles, had regular recourse to the king's court. The use of royal writs, which could be purchased by any freeman to initiate lawsuits, further contributed to the evolution of property rights and undermined lordly power. As a result, common law played a significant role in shaping the legal landscape in England and, by extension, in the legal systems of many Commonwealth countries and the United States.
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Henry II's role in common law
The English common law originated in the early Middle Ages in the King's Court (Curia Regis), a single royal court set up for most of the country at Westminster, near London. It was Henry II, the first Plantagenet king, who institutionalised common law by creating a unified system of law "common" to the country.
Henry II's reign saw important legal changes, particularly in England and Normandy. By the middle of the 12th century, England had many different ecclesiastical and civil law courts, with overlapping jurisdictions resulting from the interaction of diverse legal traditions. Henry expanded the role of royal justice in England, producing a more coherent legal system. He did this by incorporating and elevating local customs to the national level, ending local control, eliminating arbitrary remedies, and reinstating a jury system. Citizens sworn under oath would investigate reliable criminal accusations and civil claims.
Henry's itinerant justices also influenced his contemporaries' legal reforms. For example, Philip II's creation of itinerant bailli drew on the Henrician model. Henry's intervention in Brittany, Wales, Scotland, and Ireland had a long-term impact on the development of their societies, histories, and governmental systems.
Henry's legal changes are generally considered to have laid the basis for English common law. His reforms changed forever the relationship between the King and the Church, State, and society. The powerful administration of the period tackled issues of theft and interpersonal violence, and the administrative areas largely remained under royal control.
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The birth of Parliament
The Curia Regis, or the king's court, served as the precursor to Parliament and played a crucial role in administering justice and resolving disputes. It consisted of aristocrats and prelates who assisted in governing the realm. This marked a shift from the predominantly local and informal power structures of customary law towards a more centralised and formal system of governance.
One of the key developments during this time was the establishment of permanent royal courts, including the Court of King's Bench and the Court of Common Pleas, which were based in Westminster. These courts expanded access to justice across different social classes, allowing freemen and nobles alike to seek recourse. The use of royal writs, or written orders from the king, facilitated the initiation of lawsuits and contributed to the development of property law.
As England transitioned from the Anglo-Saxon era following the Battle of Hastings in 1066, the legal system evolved through judge-made laws and precedents. This period, known as the Late Medieval Period, laid the foundation for English common law, with judges adapting the system of writs and applying precedent and common sense to establish a coherent body of law.
Over time, Parliament gained prominence and influence, and parliamentary legislation gradually overtook judicial law-making. Acts of Parliament became the primary source of law, with the power to supersede or replace common law rules. Today, while judges can still interpret and declare the common law, their ability to innovate is limited to specific, narrowly defined areas.
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The development of Parliament
One of the key figures in the evolution of Parliament was King Henry II, who reigned from 1154 to 1189. Henry II instituted significant legal reforms, including the establishment of permanent royal courts, such as the Court of King's Bench and the Court of Common Pleas, in Westminster. He also reintroduced the jury system, where citizens sworn under oath would evaluate local knowledge to investigate criminal accusations and civil claims.
Over time, the English legal system evolved from a predominantly local, informal power structure to a more centralised and bureaucratic form of governance. This transformation was marked by the expansion of royal justice across geographical and social boundaries, giving freemen and nobles alike access to the king's court. The use of royal writs, or written orders, played a crucial role in initiating lawsuits and shaping property law.
As Parliament gained influence, parliamentary legislation gradually overtook judicial law-making. Acts of Parliament became the primary source of law, with the power to supersede or replace common law rules. Today, while judges can still interpret and apply the law, their ability to innovate is limited to specific, narrowly defined areas.
The influence of English common law and statute law extended beyond its borders, particularly during the colonial era. Many former colonies, including the United States and Commonwealth countries, continue to reflect the legal systems and traditions established during British rule, with English decisions still holding persuasive power in these jurisdictions.
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Parliament's role in UK politics
The Parliament of the United Kingdom of Great Britain and Northern Ireland, also known as the UK Parliament, British Parliament, or Westminster Parliament, is the supreme legislative body in the United Kingdom. It is composed of three parts: the sovereign, the House of Lords, and the House of Commons.
The House of Commons is the elected lower chamber of Parliament, with elections held at least every five years. The House of Lords, on the other hand, is composed of members who are mostly appointed for life and chosen based on their achievements and experience. Many of them do not belong to any political party.
One of Parliament's main roles is to examine and challenge the work of the government. Both Houses of Parliament hold debates and discuss government policy, proposed new laws, and current issues. They also check and approve government spending and taxation. The Budget is presented to the House of Commons annually, and MPs debate and scrutinise the Finance Bill, which brings the Budget into law.
While Parliament does not formally exercise executive powers, these powers are exercised on the advice of government ministers who are accountable to Parliament. The House of Lords used to exercise judicial power as well, but this power was transferred to the Supreme Court of the United Kingdom in 2009.
Parliament possesses legislative supremacy and is considered the supreme legal authority in the UK, with the power to create or end any law. This is known as parliamentary sovereignty, a principle of the UK constitution.
In addition to its legislative role, Parliament interacts with other important institutions in UK politics, such as the government and the monarchy. The government, led by the Prime Minister, sets taxes, decides on public spending, and manages the delivery of public services. The Leader of the Opposition in the House of Commons plays a crucial role in questioning the Prime Minister and holding the government accountable.
Overall, Parliament plays a vital role in UK politics by shaping legislation, scrutinising the government's actions, and representing the interests of the people through its elected members.
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Frequently asked questions
Common law was created in the 1100s. It was institutionalised by Henry II in 1154, who created a unified system of law "common" to the country.
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707. It developed naturally out of the daily political needs of the English King and his government. The great councils that advised the English monarch were first called Parliaments during the reign of Henry III (1216-1272).
Parliament's role expanded beyond determining taxation policy to include the "redress of grievances", which allowed English citizens to petition the body to address complaints in their local towns and counties.
Parliament emerged as a bicameral body with the House of Lords and the House of Commons. The House of Commons was the elected lower chamber, while the House of Lords was the Upper Chamber.
Judge-made common law was the primary source of law for several hundred years before Parliament acquired legislative powers to create statutory law.
