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Introduction to the legal system 1st lesson Universita’ Tor Vergata 2019/2020 Prof.Adabella Gratani [email protected]

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Introduction to the legal system

1st lesson

Universita’ Tor Vergata 2019/2020

Prof.Adabella Gratani

[email protected]

ENGLISH

CONSTITUTIONALISM

Prof.Adabella Gratani

Doctrin

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Why? Whose are The Origins of

Constitution

➢ Concernes the framework – written or not written

AndThe spirit that breathes in this

framework

➢ New value and economic interests oppressed

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Doctrin

NOT

ConstitutionProf.Adabella Gratani

King Edward I brought

his military leaders and nobility together

as a Parliament to ask their consent to new taxes.

Established the principle of parliamentary “power of the purse.”

A radical new idea for any monarch to ask for anything!

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1570-1603

The growght of the Parlamentary Powers in the century

14th-16th century

14th century

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The growght of the Parlamentary Powers in the century

14th-16th century

14th century 15th century 16th century

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The growght of the Parlamentary Powers in the century

16th centuryThe role of the Judges

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The Early Stuarts

(1603-1649)

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17th century

James I, king of Scotland from 1567 to 1625 and

first Stuart king of England from 1603 to 1625

The Early Stuarts

(1603-1649)

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He needed tax for coastal cities for defense.

This got him around the need to call Parliament into session.

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Prof.Adabella Gratani

The Short Parliament - was named so because is only lasted 3 weeks (13

April 1640 – 5 May 1640). It was the first parliament called by King Charles I, as heneeded money to fight one of wars, against the Scotts. He declared it closedother only 3 weeks, as they were not giving him the money he needed

The Long Parliament was called by King Charles I on 3 November 1640, six

months after the dissolution of the Short Parliament and within weeks of thedefeat of the English in the Bishops' Wars against Scotland. The King wasreluctant to summon another Parliament but the expense of the wars had left

him desperately short of money and in urgent need of parliamentarysubsidies

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“Protectorate” Cromwell’s rule was a military dictatorship

1st RevolutionThe Long Parliament sat throughout the First and Second Civil wars until

December 1648, when it was purged by the New Model Army.

The Purged Parliament (or the "Rump" of the Long Parliament) was

expelled by Oliver Cromwell in April 1653.

1st Revolution

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Prof.Adabella Gratani

Prof.Adabella Gratani

BUT

James II succeded to CharlesII

2nd RevolutionThe SO COLLED “Glorious Revolution” BECOUSE had very little blood and was the end of divine-right monarchy in England

The Long Parliament was reinstated in February 1660 after the fall of the Cromwellian Protectorate and was formally dissolved on 16 March 1660

2nd RevolutionThe SO COLLED “Glorious Revolution” BECOUSE had very little blood and was the end of divine-right monarchy in England

2nd Revolution

William and Mary accepted the throne but recognized the supremacy of Parliament

The rights of the people were listed in the Bill of Rights

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2nd Revolution

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Bill of Rights«Rights of 1° generation»

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Prof.Adabella Gratani

example :

Bill of Rights«Rights of 1° generation»

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