On the British constitution and political formation and development

 

Wan Changhua

 

   For Chinese and foreign yearning for freedom of thought reading people say modern British homes to the other shore in the dream, spirit not to. I think, so, is the ancient and modern, both traditional and new obsession, both conservative and fully free, this group of ships in moving forward in both strong sail publicity, also do not lack the anchor and ballast.

    Effect of process, the history of Taiwan and influence on cultural liberalism, master Yin Haiguang, wrote in an article "liberalism" in 1950 the bottom contains: "in totalitarian countries, people are not as able to digest food and reproductive machines, is the ability to be spontaneous slave stop. They speak not count, and was not allowed to speak; their fate can not be independent, promising to powerful. They have no bottom dignity; no pleasures of life. A true democracy, it is possible to prevent these 'the improper person' defects. The best way to prevent malpractice, is the rule of law. So, the Democratic Association and the rule of law, is positive correlation ratio. Some scholars of law interpretation of liberalism. The more mature democracies, the more sober law. Britain is a good example of. Accordingly, the liberal interpretation into self indulgence, appear to be motivated by authoritarian or totalitarian mentality. Authoritarian or totalitarian state, although not necessarily not the rule of law, however, this law seems to be just for one-sided requirements; the mighty are law-abiding, can make nothing of it. A British Department of modern history, on the one hand, can be regarded as the democratic political struggle history, but also as the rule of law and the history of struggle. Since 1215 the Great Charter (Magna Charta) concluded after the glorious revolution era, the right method (Bill Of Rights) concluded, the monarchical power cut to the point symbol, replace sb. Bali door power, rule of law becomes to consolidate. Rock to the legislative background importance and dignity, to publicize the. He said 'under all circumstances the government established, legislation is the highest power'. This spirit, spread to the new world, become North America today political system the basic spiritual backbone. Today all the world truly democratic politics basic concepts, followed the route to follow this route; and democratic politics,...... People have the right to vote, has the freedom of speech, assembly, association of various basic freedom. Political institutions according to the legal procedures and deacons to change. Therefore, they are not personal behavior, to bully people."[1]Understanding the article we Yu Qiuyu wrote in 2001 in his article "the fall" in the guardian: "days often think of Voltaire in France, remember he highly commended in the" communication "in the philosophy of British tolerance, freedom, peace, ease, and was in France, religious persecution too much. But in my opinion, Voltaire met a profound paradox here: it is French free call out a freedom fighter he, he praised the British are very difficult to live in England, because it is the content of his praise, decide to place without need of such serious thought critics. Britain may because the gentle, easy to be criticized for not profound. However, the social development to do they do, the Cross Ridge people across, that has the idea also have one one, what can you say?"[2]

   Yu Qiuyu said Voltaire "philosophical communication" a book published in 1933, was not initially called this name, called "communication". This is a famous philosophical communication written in Epistolary set. The book consists of 25 letters, which was filled with a yearning for the British. One of the eighth, the nine two letter focuses on the research of the parliamentary system and political structure in britain. Voltaire's philosophy of "communication" is called "eighteenth Century French thinkers accept British influence source". In addition, the same times and another of Voltaire's famous French thinker Montesquieu also praised the British political system, that "England is wrapped in a cloak of monarchy, Republic of"[3]

   Although Britain today is not known as a "constitution" in the name of the constitution, but it is the spirit of the Constitution and the constitutional principle of the richest and most has the rigid characteristics of country. These constitutional principles and constitutional habit of years, inviolability, can be seriously practice. Zhi Luo pointed out: the British constitution is a mixture of a complex mechanism, principles and practice. History shows that, Zhi Luo on British constitutional politics development summary correctly.

The spirit of the Constitution and the constitutional principle of British is continuously developing, a consistent, but also can care and stages. Can be divided into the shaping foundation, constitutional politics, and further improve the development of the three period. In the specific period division, Norman before the invasion period, the Norman invasion to the British bourgeois revolution before the outbreak period, and the British bourgeois revolution. In this process, the British people will be good at any of the complex political issues of standardization, legalization, except American, the British nation will political constitution perfect to other nations in the world to look at the support point. Here, the British were the three period of constitutional politics construction successful slightly expanded, in order to facilitate the people to the British constitutional politics construction experience of criticism, mirror, learning, and absorption.

 

A

     

   No need for reticence, Britain since the Anglo -- Saxon times has the constitutional political principles and spirit advocated by the world in modern countries. Norman before the invasion, the principles and spirit of the Constitution Politics in Britain, mainly reflected in the people's political participation and political institutions must Witan long time in the political life of the country has play a decisive role position; local autonomy; and customary law in social life play a key role.

   A period of the Norman invasion before long, Britain and Chinese during the Warring States period is the same, side by side. First Essex (or the translation of the East Saxons), Wessex (or West Saxon), Sussex (or the South Essex), East Anglia, Mercia and Kent Innocent Berea, seven kingdoms and, later, before and after 829 years in the kingdom of Wessex as the center united into one nation. The United Nation called England. But whether the coexistence period, or the period of the kingdom of England, the British resident subject is Anglo Saxon Germanic people and, therefore, this period is called the Anglo -- Saxon times.

    Anglo Saxon England -- there is balance and restrict monarchy central legislative and judicial branches of the Witan (Witenagemot). Very little of this period in the role played by the king in the national political life, can be said to be the Witan sovereignty.

   The Witan originally "the composition is not fixed, generally from owning property, wisdom and prestige of the 'people's most outstanding person'. Its duty is to develop the general law, arbitration and legal, and select and remove the power of the king, but the new king had to choose in the Royal family."[4]

   The Witan later further development in the UK, occupies a very important position in the judicial organization system. It shall be convened and presided over by the king, participants are all noble. Number each time the Witan's somewhat unequal, much more than 100 people, little also has dozens of people. According to records, 931 years the Witan members held a total of 101 people, including Canterbury and York two archbishops, 17 bishops, 5 abbots, 2 Welsh noble, 15 elders, 59 Thain (i.e. early aristocracy of the land); a witenagemot of 934 years a total of 81 people in 2 of them, archbishop, bishop 17 people, 4 people, abbot Welsh noble 4 people, 12 men of the elders, Thain 52. Thus, the kingdom of England during the period of the Witan is a noble meeting teach nobility.

   In ancient times, under individual ownership, the main function is the legislative and judicial authority. Both of these two functions of the law of Anglo -- Saxon witenagemot of britain. First, it and the king to develop and promulgate laws. When the British all code is not in the Witan participation and consent by the king to formulate and promulgate the. As of 694 years, "and the elders and the sage king ine consultation after all formulated the" code "". "The Alfred code" wrote more clearly in the preamble: "these laws by King show the Witan, they unanimously agreed should be observed". Second, its main duty is to hear important cases involving the king and nobility rank.

   Because at that time the UK has initially established a hierarchy, "peer" trial tradition began to sprout, therefore, in case of litigation, trial by the same and the only class people. The Witan to cases of nobility exclusive jurisdiction, the decision is final effect, once it make decisions, even kings shall not be denied. According to records, in Edgar king, a man named Egger Foer J who was the Witan sentenced to confiscation of property for robbery, his wife to plead with the king by the Archbishop of Canterbury, Dunstan, begged the king to the king, but replied: "I the meeting has made the judgment", so "incapable of action".

   Local autonomy system is one of the constitutional principles and constitutional customs of the most important english. Can say, no British a high degree of autonomy constitutional principles and constitutional habit, there would be no British later highly developed democratic constitutional politics. The local self-government also originated from the Anglo -- Saxon times.

   Anglo Saxon England -- village is the basic social organization, has elected village and town meeting. Town meeting is Village Court (Vill-Town Court), composed of all the free village, not held regularly, responsible for handling the village public affairs, construction and field such as the coordination of public land and water use, organization of road bridge farm etc.. At the same time, village court dealing with mild lawlessness, mediating disputes between residents. Village court jurisdiction is very small, all the major cases are over 100 district court or county court.

   Hundred consisting of several villages, including about 100 households free residents. Hundred Court (Hundred Court) appointed by the sheriff centeniers presided over, about 4 weeks members of the focus on hearing the case 1. Hundred court has jurisdiction to widely, can hear about property ownership, inheritance, land transfer, land disputes, contract or transaction disputes and all civil cases, as well as theft, robbery, murder and other criminal cases. In late tenth Century, 100 District Court of justice to further enhance the status, the king had decreed, who can in the hundred court cases, shall be submitted to the county court or the witan. Therefore, the majority of cases are settled in the hundred court of.

   Several hundred consists of a county. Because each county size is different, therefore, the county under the jurisdiction of the number of how many not a hundred. A large gun comprises more than 100 hundred, small county under the jurisdiction of lO lack of a hundred. But regardless of the size of each county has a county court (County Court), usually every year trial case 2 to 3 times. After tenth Century, along with the strengthening of the power of the king, by King County court appointed Sheriff alone chair. First, those who live in the county within the free people, has the right and obligation to attend or participate in the county court trial, then, with the establishment of the feudal system, the rights and obligations and feudal land ownership together, only free land holding personnel have the right to attend the court. Even so, theoretically, the attendance of the sheriff court is very large, because the farmer taught secular feudal landlords and free of greatly small all belong to the category of free land holder. However, due to the county court is obligatory in at the time, expenses, and traffic inconvenience, people are always looking for every excuse to escape to attend compulsory, this phenomenon is particularly prevalent in the noble and free peasants. Therefore, the actual attendance county court is generally not more than 100, 100 district court only dozens or more than a dozen people. In addition, as a habit of privileges, religious secular aristocracy tend not to attend the court appointed, but the manager to attend the meeting on his behalf, duct due to long-term for the noble house and estate management, and organizational skills and work experience, tend to occupy the leading position in the court.

   The jurisdiction of the court and that British management system is consistent, with obvious regional characteristics. On the face of it, they are not, it seems. But in fact, the court jurisdiction no height size, there is no subordinate relationship between each other. Any court of justice once the case verdict, which is final judgment, even if the party refuses to accept the decision also not appeal, because it has not yet appeared appeal procedure. If in the course of the trial because of perjury, fraud behavior can lead to disputes, fraud prosecution for perjury separately, separate filing, the original no longer review.

   Legal traditions, "law from all out", rather than "law from the monarch", is an important content of the third aspects of the Anglo -- constitutional principles and constitutional habit formed Saxon times. China different. China similar history is "three feet (legal) Ann? Before the Lord is with the law, after the Lord is sparse for the order, then is, what the ancient law?" (Han Dynasty by Du week language)

From the beginning of seventh Century, with the development of the country, the British law tried to culture. The king in the Witan's assistance, the customary law of all sorted, and compilation of written law. For example, in 600 AD king of Kent "Bert code" Ethel distribution; 694 king of Wessex promulgated the "Ethne code"; 890 years, King Alfred "the Bert code" Ethel Kent "," code "Wessex, Mercia. The" Austrian law "and the Scripture and church rules", the famous "Alfred code". According to statistics, in 1018 promulgated the "Knut code" to stop when, England made 11 written code.[5]To summarize, there are four points must be attracted enough attention: first, the law is the product of historical culture; two, they are all involved in the development of provisions and decisions; three, they are different from the legal China similar historical period, not only to protect the crown as the core and the rules; four, the monarch cannot any repeal through legal institutions and legal procedures have been recognized law.

Two

   

   During the period from 1066 to 1640 is the British monarchy had strengthened, even if someone says a "dictatorship" period, however, this is also a period of British society in the original spirit of the constitution, constitutional principles and constitutional customs more specific, standardized and institutionalized, establish democratic constitutional politics basic system to continue to contemporary and stereotypes. The most important achievement of the British constitutional politics during this period is, one, clearly established the constitutional principle of legal monarchy than; two, formed a set of system of parliamentary politics is political system; three, in the British society is firmly established the spirit of the Constitution and principle of the social members of the property rights and the right to life is sacred without be violated.

   Because of the tradition of local autonomy, the society has the abundant economic political and social power to teach secular noble presence, the British to in 1215 June to force the reigning king John made "Great Charter". "The Great Charter" tenet as anti monarchy freedom, so called "Great Charter of liberty". This point, Mr. Zhu Huan editor of the "ancient and medieval world history" a book there are involved.

   From the specific content, "the Great Charter" is a comprehensive account of the feudal economy and politics in Britain for hundreds of years the contractual relationship between the king and the nobles of pre-existing. 63 content, with the exception of a few outside, most only reaffirmed the original feudal habits on the nobles of the feudal rights, particularly relating to a tax, inheritance tax, land help money, and minor problems following the custody of, occupy the most prominent position. Therefore, some people said it only "statement of the old laws, not to make new laws".

    However, if for a starting point to see "the Great Charter", its "revolutionary" meaning will appear, will immediately be completely bared there and then. Among them, it is the largest of a revolutionary significance, is a legal form of the British monarchy is firmly placed in the law; the two is the form of law provisions of the establishment of royal power restricting mechanism; three is the form of law provisions of the king shall not infringe upon the right of autonomy of the City, and shall not prejudice the free trade. For the first two more abstract, this may be slightly expanded.

   On the legal form of the British royalty are firmly in the law, Winston Churchill has a more profound understanding of. He pointed out: "the Great Charter" "from first to last give a hint, this file is a law, it is the king, even the king is not violated."[6]The one ten Winston Churchill's important. I think, someone put a "Great Charter" as "the God of freedom", also someone says it is "the British constitution of the Bible", are made based on this feeling, this judgment will not have the thing.

   "Sixty-first big charter" is very important, worthy of our attention. According to historical records, "the Great Charter" draft of the nobles, common sense, with force. King John signed the "Great Charter" can guarantee that he will keep his promise is a can not predict the unknown. In this regard, a few noble attitude from the northern region is extremely pessimistic. They think that using a paper text to constrain the king is tantamount to the water moon, delimit eat cake. Therefore, in the "Great Charter" to before, they went back. Most aristocratic other, although they can match word to deed of King John is also skeptical, but not like North nobles that do not stick to go, but try to ensure that the king shall they formulate the file. They think, in "Great Charter" written into the monitor and ensure compliance with the terms of the king, in a legal form to force the king to comply with it. Therefore, article 6L they made "Great Charter". By this thought, sometimes, and all other things, an advanced political criteria or not, often between people a hand turned; its establishment, largely from the fact that people's efforts to hold.

   "The provisions of article sixty-first the Great Charter": by the nobility elected 25 members of a special committee, to oversee the "Great Charter" execution. If 4 people of the committee found the king or government minister has violated the "Great Charter" behavior, should immediately tell the king, to request correction. Such as 40 days later still no correction, the 4 person should report to the 25 Committee, the committee agreed with the majority, can be combined with the people of the whole country, by all means, including the use of force, to seize the castle of the king, to deprive the land and property of the king, to force the king to correct mistakes.

   "Great Charter" in sixty-first the significance of the development, it established a mechanism in the side, and this mechanism -- 25 committee is a standing; it identifies with the Committee of 25 power is the supreme power in a state to a great extent in essence. The principle of the Constitution contains is a British citizen have the right to force the king to abide by the law. Because of this, Churchill was in a state of "English" points out: "some people say that Henry II is the beginning of British rule, actually otherwise," the Great Charter "is the beginning of the king to be legally binding, which is hitherto unknown."[7]

   "The Great Charter" of the provisions of article sixty-first was not implemented. Later in the "Great Charter" new text in this paragraph was deleted. However, it started to provide ideas and experience but was later British aristocracy group inherited.

   In 1244 the feudal big meeting, British aristocracy had put a file, its contents, elected by the general 4 "free maintenance", a special committee composed of, any government decision must obtain their consent; without the general license, the king did not recall them; an important Minister of the king, such as justice minister, etc., shall be elected by all nobles. Obviously, the 4 "free maintenance" special commission established in 1215 "the Great Charter" prescribed in article sixty-first. But, said that any 25 people of the Committee 4 nobles (or baron), now the designated person. A person responsible for specific tasks, the task is from the organization to ensure the monarchy in general will, under legal nobility, it is specific and detailed legal monarchy than.

   The "Great Charter" sixty-first follow the more typical is the 1258 "Oxford rules". The Ordinance provides that: a big noble dominated the 15 Committee, participate in the management of the country; the king must be based on the recommendations of the committee to manage state; the king's senior secretary and governor term expires one year only, shall submit to the Committee of 15 work; each county elected 4 knights, responsible for supervising the work place the government of the people, to the dissatisfaction and complaint, and corrected. "Oxford rules" although formulated shortly after waste, but it makes the limited kingship "embodies the principle of" Great Charter more win support among the people.

   The parliamentary system is one of the most important part of British constitutional politics. Establishment and parliamentary parliament as "Great Charter" is closely related with. This is mainly reflected in the "Great Charter", one is for the parliament has the right to tax to provide a legal basis, the two is the "Great Charter" provides a legal basis for the parliamentary participation and decision of administrative power.

   Britain has an ancient tradition, that is "the king live on their own". According to this tradition, the management of state is regarded as the king's personal things, the funds needed by the king himself, except in cases of foreign war, generally not to the subjects of taxation. Usually the royal family and government spending on the king's own income to solve. In the early Middle Ages the government scale is small, the expenses of Co., the king's personal income can basically meet. But after twelfth Century, foreign wars happened frequently, internal affairs also become more complex, the government expenditure is more and more big, rely on the traditional income has been difficult to deal with the king. Financial difficulties forced the king often through taxation feudal conference. And the king once without feudal conference of imposing taxes, will have the intense political struggle occurs. "The Great Charter" itself is the product of John against the king. So, "twelfth and fourteenth" big charter provisions: in addition to the traditional feudal dues, taxes must be approved by the general "". To obtain the general license, must hold the feudal conference.

   The king can not be unlimited power to control the problem, the research history of England scholar Mr. Qian Chengdan also had a British historical practical discussion. He pointed out: the British in the early Middle Ages, "economic functions of the king is the largest of the feudal land, his power comes from this, also subject to this. Because he had land, noble then admitted his noble; but since he had land, noble also share his power, thus only regarded him as the first person in the team, of the nobility....... In fact, kings and nobles of the territory each territory, in both the exercise of judicial power, the king is not random interference on the Lord's territory affairs, kings and nobles are at the same level of society ";" since the king and nobles in the same order, why need a king, and the king also recognized by the nobility, admitted in the power of the nobles and royalty? It is because during the feudal period, King performs a special function, namely the conscript army in the country, and led the army. Only in this sense, the king is the 'King', have the right."[8]

   In 1225, the opportunity had used the king asked the British feudal taxation meeting, forcing king Henry III to re enact the "Great Charter". By the late thirteenth Century, feudal meeting finally evolved into parliament. In 1297, the reigning king Edward Thi under the financial difficulties, promulgated the "Great Charter of confirmation". The file in listing the first two years of a series of "illegal" tax clearly states: "in addition to the traditional feudal taxes and assist the tax, if not the class domestic agree, king shall not levy wool tax and other taxes." Here said the domestic class agreed, refers to the consent of parliament. Because, as early as in the previous two years, Edward Thi held was later known as the "model parliament" Parliament, participants in addition to teach secular feudal lord, and on behalf of the city and the knight. Edward Thi was clearly not promise, taxation practices in the past two years may not be as later follow precedent. Through the "Great Charter" confirmation confirmation of any taxes, original "Great Charter" must be the "provisions of the general permit" is no longer a concept can be arbitrary expansion, vague. But with a rigid constitution legal connotation clear, namely, to taxation must be approved by parliament.

   Read the "Great Charter" can be seen, it is a way of taxing and legislative terms: "should be widely consultation" and the people of the whole country, they must obtain "the universal agreement", and so on, which actually declared the national major matters must decide and the principle of consultation. "The Great Charter" fourteenth in particular, for "general agreement" the king should date specified and place, called the church great nobles and other relevant personnel to consult, and rough set the future Parliament (i.e. imperial Conference) convened method: call order should be issued 40 days ago teach secular noble king, by private letters individual call, other personnel by the sheriff or other governors in a collective way called. But the two summoned must declare the reason of convening.

   Major policy decisions should be consultation with the parliament's principle, with the establishment of Parliament taxation right and get a more solid foundation. The depth and breadth of the feudal lords participation has expanded constantly. Whenever the king needed to provide financial aid to decision making, English aristocrats can seize the opportunity to intervene and influence government policy. For example, in 1242, the French king intended expedition, the conference has proposed, if they don't know the plan, they will refuse to provide funding for the war. In 1255, the situation in the UK moved once again repeat. When King Henry Sans for not conscientiously abide by the "Great Charter" terms caused by large conference dissatisfaction, so, when he asked the meeting to provide assistance for the expedition to continental Europe and Scotland, the nobility and clergy said: only when they saw the king to comply with the "Great Charter" sincerity and understanding of specific content the expedition plan, they will do what they can, contribute to the king. The nobles refused to contribute, King Henry III had to postpone the expedition. Until he explained the details to the nobles expedition, and re promulgated the "Great Charter" and promised to ensure compliance with "Great Charter", the requirement is satisfied.

   The legal theory of the formation of the British in thirteenth Century very mature "method is larger than the king", the British constitutional politics development role should not be overlooked. For example, in the period of Black Don (Bracton), what he said was later English lifted continually; he wrote the book, of which there are many aphorisms was later cited.

   Black Don is a senior cleric, as king Henry Sans of the royal court, the book named "England laws and customs". Refer to the famous "England laws and customs" was later people often words: "there is no law and no king"; " king should not be subject to any man, but he was deserving of God and the law, because the king is, by law"; "in the implementation of the law of any person power is not greater than the king, but the king if crime should be like the most humble civilians as well by the law"; "more than their own authority of the king in the government law, is to make him the throne of law, and the Earl and Baron. The count was the king's colleagues, have colleagues who have a master. Therefore, if there is no law to restrain the king, these people have the responsibility to restrain king ", etc.. According to relevant data, in the quoted above Blackton discourse in general, there are scholars, there are historical figures is very famous. For example, during the period of British bourgeois revolution thinker Milton, in its "for the British people defend" in one book several times cited above in the discourse of Black Don.

   Entered in Fourteenth Century, the British Parliament to provide funding for the chips, continue to expand suffrage and discussion of regime itself. Along with this, the power of the king to be constrained and balance. In 1340, Parliament refused to approve taxation to coerce, forced the king agreed to set up a Council of nobles, the review of government fiscal accounts, and the Treasury officials dereliction of duty to punish. In addition, the establishment of a special committee, responsible for supervising the king for all revenue war spending.[9]

   In addition, the "Great Charter" and the right to tax, during the fourteenth Century British Parliament also achieved through the creation of the petition legislation power.

   In short, the British in thirteenth Century formulated the "Great Charter" and the related legal theory, laid the foundation for the establishment of the British Parliament on the system establishment and the parliamentary powers. Based on this, the British scholar Butt once said, "the Great Charter" is "the first great parliamentary documents".

In 1603 the establishment of the British Stuart Dynasty, rulers some overbearing, claim to be God's representative, and Europeans are the British autocracy. But their absolute, relative and tyranny China medieval rulers, it is a world of difference. For example, the British Parliament in 1628 specially formulated "the petition of right". "The petition of right" a reiterated "Great Charter" restrictions on the kingship and commitment to the rights of the subject, on the other hand, exemplified in the king's power abuse after solemnly declared: without the consent of the Congress, the king shall not be forced to impose any taxes; non legal judgment, or be arrested, detained, expelled any freeman or deprived of the inheritance and life. In a word, "the petition of right" although only 8, but it shall not be deprived of any free people through non legitimate decision right of inheritance and life, or be arrested, detained, expelled any free people, to the British constitutional politics adds the epoch-making new letter.

 

Three

   

   After the bourgeois revolution period and made more complete victory, the British constitutional politics and development and innovation. The development here has not only the extended meaning and content, and the Constitution and political construction of the medieval period, in-depth, specific and detailed level of significance. In addition, during this period the British constitution construction of another important feature is its "anti culture". The constitution anti culture not backward, but it under the new situation from the fetters of the characteristic of the development of the form. This point, the British in the early Middle Ages and their pursuit of legal culture, a stark contrast to the.

   The most important achievement of British constitutional politics since the induction of bourgeois revolution, I think there are three: first, formulate "habeas corpus", developed before the revolution "the petition of right" about human rights the supremacy of the spirit of the Constitution and the constitutional principle; two, formulated the "Right Act" and "the throne the inheritance law" the two British modern constitutional law, the king's power is further limited; three, the formation of political parties based parliamentary party cabinet system, several parties take turns in power, to mitigate and alleviate social contradictions.

   The British bourgeois revolution in the process, the British Parliament enacted "personal protection law in 1679". For the "habeas corpus", the past has been mainly understood as "passive against the Charlie S tyranny". This biased. Because, in the more oppressive country, under more, oppressive character rule there, and did not like the British "habeas corpus" legislation. But on the contrary, in these countries, people should have the right to unlimited despotism in with the rampant evil and shrinking, increasingly deprived. Therefore, not to the British Parliament in 1679 formulated the "habeas corpus" simply understood as a passive behavior. The British Parliament in 1679 formulated the "habeas corpus", it has a reaction, to counter the component, but more people in Britain to the human rights has a new awareness and new understanding of the components inside. More British people to be despotic power before the onset of active ingredient in inside. With the progress of British history is closely connected with.

   To illustrate the point we see from "the specific content of personal protection law". The full text of a total of 20, is the main content of detention for "habeas corpus" provisions of the relevant matters. "Habeas corpus" is an ancient royal prerogative writ, which aims to provide effective means to ensure the release was illegally detained in hospital or private premises, in prison custody. Because of the common law for the application and issuance of "habeas corpus" relevant procedural provisions is not clear, the bourgeoisie (is actually the most outstanding activists in British society. So here are still using the concept of "bourgeois", is considering our current new language identity context level is still relatively low) was his own life, liberty and property are threatened, it is necessary to special provisions. The law stipulates: any arrested and their agents, have the right to judge or court of King's bench, court of common pleas or financial court for "habeas corpus" requirements, the detaining authority within 20 days of the detainees referred to the court; court arrest reason in the review, immediate release, release on bail or to expedite the trial decide to be released; not the same offences to be detained; no one shall be sent to the other overseas territories or England in the field of imprisonment. Later, Congress has promulgated a number of laws to revise and supplement.

   Although, "habeas corpus" does not specify any entity of social member's rights, but because it is designed to limit the illegal arrest and illegal detention, as members of society, personal freedom initiative and necessary, provide larger space, so as to guarantee the legitimate rights and interests of the people. In a word, plus the British law inherent heavy program, "personal protection law" and other relevant provisions before and used together, constitute the basic aspects of the protection of human rights of the British constitution.

   In 1689 the "bill of rights" is one of the most important constitutional law lay the British constitutional monarchy. And Chinese everyone to "bribe Qin", competing for personal immediate petty profits and Lord, Lord, Lord Jing Mei, and hire oneself out to the opposite, "bill of rights", its purpose is to further relentlessly to deprivation and limitation of kingship. It provides that: without the consent of Parliament, the king shall not implement or termination of any law; shall not levy and tax collection and maintenance of control; no standing army; shall not establish religious courts and special courts; not torture and fines; shall confiscate the specific person before the judgment of property; the subjects have the right to petition the king; members enjoy participation in politics the discussion of immunity, in the Congress have free speech without any authority outside parliament inquiry, etc.. In addition, this method also abolished the king to law enforcement power.

   If the "bill of rights" theme is further weakened state, so, the succession to the throne in 1701 "law" is the British monarchy political system engineering to weaken further realization, detailed.

   Some people say that English is the most important practical people, it is not wrong. In order to completely exclude the possibility that Catholics inherited the British throne, "law of succession to the throne" according to primogeniture principle, the detailed provisions of the reigning king after the death of William to the British throne succession. Specific content is, after the death of William III, the British throne inherited by Anna Marie's sister, a Protestant; after the death of Anna, the Protestant German Hannover elector to inherit.

   At the same time, "law of succession to the throne" still did not forget the weakened monarchy. For example, it provides, not by Congress to lift the duties, judges have tenure, the king had no right to appoint judges, in order to ensure the independence of the judiciary; who served in the Royal, the Royal receive salaries, are not as MPs in the house of Commons; foreigners shall not act as the other important official parliament members of Parliament and the nation under. "Law of succession to the throne" in the provisions shall not be so foreigners held other important official parliament MPs and country, is worried that the Germans that the British throne, they are likely to become king. "". The author of this thought, the British the anti foreign accomplice thought in pre Qin period and Chinese Qin rulers find Shang Yang "foreign accomplice" historical precedent is how!

   A parliamentary party cabinet system. Britain in the first half of eighteenth Century, the constitution of system has been very mature.

   The British cabinet is evolved from the Privy Council and to the king. In 1714, George I succeeded Anna in Hannover of Germany as king of England, since then, the national executive power is because the king is not fluent in English and gradually shifted to the cabinet. In 1742, Prime Minister Walpole because of the policy was opposed to Congress, he resigned along with his cabinet, then in the United Kingdom formed such a people always adhere to the political practice: the cabinet is responsible to the parliament; the cabinet by the majority party in Parliament in the house of Commons, the cabinet Prime Minister by the majority leader; if the cabinet by the the majority of the members of the opposition, this session of the cabinet must resign.

   After the system has some must change. In 1783, the prime minister, the Tory William Pitt cabinet was a house of Commons majority opposition, he dissolved the house of Commons election, the newly elected House of Commons, support him. It has formed a convention: the cabinet if not be confidence in parliament, prime minister has the right to dissolve the house of Commons re election. If the newly elected House of Commons told the cabinet that trust, then the cabinet can continue to rule; otherwise, the cabinet must resign, by the majority party in the house of Commons new selected to form a new cabinet.

   Overall, this system the British formed between the intentional or unintentional better. Like a painting in intentionally and unintentionally skill double Xin ink landscape painting, beautiful, long. In simple terms, its advantages are: first, conducive to social conflict mitigation and relief; two, is conducive to the improvement of the ruling ability and ruling level; three, is conducive to social civilization and culture promotion and improve.

In addition, the more important is the constitutional law and in 1911 and 1949 "act of parliament" in the historical period in the UK developed and adopted in 1918, 1928, and 1948 and 1969, "people's representative method" relates to the cabinet responsibility "; 1937 cabinet minister method"; in 1972 "national exemption law". To summarize, basic spirit and principles of these laws, are the basic spirit and the Constitution and basic principles of compatibility and run parallel, namely: one is the embodiment of the principle of parliamentary sovereignty; two is the embodiment of the principle of separation of powers; the three is the embodiment of the principle of the responsibility cabinet system.

 

Four,

   

   The British constitution the basic spirit and principles of the above summarized, also can be approximately. Approximately for the full property rights and liberal spirit.

In 1400, British constitutional politics has the process of formation and development, they are the real history to improve the process and progress. And the process of the axis is nothing more than: social members, my wealth I most has the power to govern the king, you take it, you must tell the truth, must be subject to my approval and consent; my right to life, liberty and property right, you can't deprive your king, King Power should not, and cannot be infinite. In the theory and the practice, the members of the society, everyone has their own field and space can not enter the others. As of mid eighteenth Century famous British statesman William Peter said in a speech, in the UK, because the property is sacred, and poor people also dare to confront the king in his cottage authority. The wind can enter the house, rain into this house, a house or even sway in the wind and rain, but the king could not set foot in this house, the king of a powerful army did not dare set foot in this threshold has been broken broken house.[10]

   This article first introduced our country contemporary articles you Yu Qiuyu about the British history of the cross the threshold they cross, do they have made remarks. It should be pointed out is, the British historical evaluation and less simple and less system defects. Thoughts on Yu, expansion is necessary to do some. So, can't go to a correct view of Britain itself, more can't set the coordinates to study the modern world. Because, on British evaluation is not only a revolution is not complete, but a look at how to "toss" problem.

   On my thoughts first expansion is the reason why the British constitution politics, the constitutional politics is the historical and realistic benefits; how to perform the premise, condition and path of constitutional politics.

   In history, because the British people belong to the barbarian class, so, also with a highly wild barbarians. A wild national needs order, but more like the little bundle, is free. And freedom, is not only the starting point, British constitutional politics at the same time, also constitute the basis of its contents. Therefore, it is the fruit of it is free.

   There are noble, "with a fixed social position and can match with the strength of the people" in the society; social property classification of all, and not in fact "all over the world, all this land belongs to the king; Wang Chen," is the most important premise and condition to implement constitutional politics, development of constitutional politics.

   The UK is another reason birth and development of constitutional politics is the Rome law society internal factors which originally existed.

   The Anglo -- Saxon before entering England, the Romans ruled Britain for 400 years. In the meantime, they have ruled on the basis of the Rome law and the local indigenous people habit. According to historical records, Rome famous jurist Pa Bini Ann in York City, presided over the circuit court to hear the case, using the Rome method. In 85 ad, the case was appealed to the court of Rome city. 407 years, the British island of the last batch of Rome personnel evacuation. Prior to this, Britain was a frontier province of Rome empire. The Romans occupied Britain, the Legion veterans living place called colonies. There are four such colonies on the island at the time, they are York, Lincoln, Chester, Seth and cole. The colonial governor or mayor, and composed of a previous mayor imitates the Rome Senate Senate overseas. The original tribe, also according to the organization, to the township as a center of the tribes, the election level mayor and a senate.[11]

   History is the use value of the scale to measure the plexus. Similarly, the reality should also be used to measure the value of plexus. The British people pay attention to freedom, and to strive for and maintain the free volume into reality in the constitutional politics construction, also do not go to destroy the extreme double lose "bad", therefore, they are all aspects of a "high".

   One is the political. Because of the political constitution, the ideal to national long period of stability. More to modern times, the advantages of their more prominent. Since the 1688 revolution, the British nearly 400 years without a major turmoil and conflict, which is the great miracle of world politics.

   Two is the economic. Because of the political constitution, the ideal to achieve prosperity. No illusions, the rich are their bourgeois revolution. Prior to this, the British have exceeded when a first-class European spanish. Their so-called bourgeois revolution, but is to further strengthen and improve the UK already in the long-term implementation of the political system of the liberal tendencies. To this point, the pioneer China enlightenment in modern Yan Fu had profound be keenly aware of. Yan Fu "in the first liberal countries -- Britain what one sees and hears, the thought, find out the root cause of the strong, never stop the strong military attack, but in the economic, political and institutional infrastructure and related ideas of values."[12]

   The three is in science and technology and ideology and culture. And the implementation of constitutional politics, one can maximize the direct relationship between the subjective initiative and creativity, the British people in modern science and technology and ideology and culture for the human contribution is huge and unique. In modern times, the British national science aspects contribute to the world the great scientist Newton, Boyle, Faraday, Maxwell, technology to take the lead in the industrial revolution, the thought for the world thinker Rock et al. Especially the pioneer, their this point, Germany, France and other European powers are difficult to match with. Voltaire once said, if let him again say, he was born in England, where there is freedom, wealth, Newton and Rock.

   Four is the social life. Because of the implementation of constitutional politics for a long time, the British Kingdom, the basic rights of the members of the society are fully guaranteed, their social life of freedom and welfare level, have been improved.

   In addition, since modern times international status constantly improve and its constitution politics. The inherent logic is, the constitution politics human creativity into full play, and strength can be improved greatly.

   It must be pointed out that, here I said the social member's basic rights, is not currently speaking, mainly refers to the rights to survival and development, but mainly refers to the human rights of the people in the genus, thought, religion, speech, assembly, association, press, and freedom of movement of the right. Not only is there a minimum supply of food and housing, even to people the rights to subsistence, development rights. USA independent movement thinker Jefferson once said: "life is not transferable right to life, liberty, the pursuit of happiness right. Human rights, should be mainly refers to these.

    Finally, the great contribution to Britain and development of constitutional politics is human made is that it provides the model and basis for the construction and development of constitutional politics on the other side of the United States of america. This point, leading Mr. Yin Haiguang words by some involved. To summarize, he said countries to implement the rule of law, the key for that matter. We think, the so-called rule of law, is to use the law to protect social member owned property, it is the most basic premise of the well-being of each person; use the law to effectively balance constraints in power, to stop people, especially those who hold the hands of arbitrary power. This is the people's pursuit of the rule of law society, the starting point and purpose of the most fundamental.

   In short, the British people for more than a thousand years diligently for the political constitution, the constitution politics, development and improvement of constitution Ye significance, has been greatly over the UK borders, and has spilled many; the world by the Hui has a lot of British constitution; political experience points -- the rule of law, including philosophers, including general the world, also already know. In the US, the only question is whether the practice.