Learning Paths » 5A Interacting
Constitution and the United Kingdom.
The constitution in history from 1215 to the Westminster model
In 1215 barons limit the King's power through a document called Magna Charta set of guarantees for the individual.
Magnum Concilium is summoned and comes into being the Parliament: Lords, shires and boroughs together Two Houses (House of Commons and House of Lords separate).
In 1649 we have King Charles I execution.
In 1688 there is the "Glorious Revolution" (or Bloodless Revolution); William d'Orange becomes the new sovereign elected by Parliament .
In 1689 you can find the creation of the Bill of Rights; the King has to conform to the laws of the Parliament without having permission to suspend them single individual and two Houses' freedom.
In 1701 the Parliament establishes the rules for the succession to the throne; England and Scotland under the same crown.
In XVIII century we have some important points:
the Cabinet (highest rank of the King's advisors) grows in autonomy from the King and follows the majority of the Parliament
principle of the common law executed by the Parliament through "impeachment": ministers are responsible for the King's acts
Prime Minister gets a main position.
In XIX century England (and imperialism) becomes a world power and industrial middle-classes lead society: liberty of associationism; recognition of the Trade Unions; equality of rights for the Catholics.
In 1832 the Great Reform Act limits extension of the right to vote; great industrial cities can have representatives at the House of Commons.
1867-1884: extension of the suffrage (2,5 million people); two main factions: the Whig (liberal thought) and the Tory (nowadays conservatives).
The Victorian Age: parliamentary Government form representatives decide for the country and the Government is dependent on the Houses.
1918 is the year of universal suffrage.
Kind of constitution and constitution's principles.
It is an example of parlamentary and democracy.
The United Kingdom is a constitutional monarchy.
Constitutional monarchy (what is it).
A constitutional monarchy is a form of constitutional government, where either an elected or hereditary monarch is the head of state
Most constitutional monarchy have a parliamentary system in which the monarch is the head of state, but an elected prime minister is head of government.
The Parliament and the Crown.
They approve laws and organize the financial means so that the Government could do its functions.
They control the activity of the Government and of the administration and discuss the themes on the agenda.
They are composed by: House of Commons, House of Lords, Sovereign.
The site is Westminster.
B. The Constitution of the Italian Republic.
Date of the abolition of the monarchy.
Monarchy was abolished and the Constituent Assembly was elected by universal suffrage on 2 June 1946 (men and women could vote for the first time).
Election of Constituent Assembly.
The Italian Constitution was enacted by the Constituent Assembly on 22 December 1947.
Date the Constitution came into force.
The Constitution came into force on 1 January 1948, one century after the Statuto Albertino was enacted.
The constitutional compromise and point of agreement of the different trends of thought.
There were three tendencies:
solidaristic christian democratic
liberal
left-wing
They enlivened debate in the Assembly and wanted to insert something reflecting their values in the Constitution.
Structure of Constitution
The Constitution is composed of 139 articles and arranged into three main parts:
1st: Fundamental Principles (articles 1-12)
2nd: Rights and Duties of Citizens (articles 13-54)
3rd: Organisation of the Republic (articles 55-139),followed by 18 Transitory and Final Provisions
Power is divided among :
the executive
the legislative
judicial branches
C. The Common Law.
Discuss considering:
What it is.
Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals (called case law), rather than through legislative statutes or executive action.
History of the Common law.
It was the law that the whole country had in common
The form of reasoning used was known as casuistry or case-based reasoning
It was devised as a means of compensating someone for wrongful acts known as torts The type of procedure practiced was known as the adversarial system.