Legal and constitutional developments in Britain

Within England an increasingly firm and diverse society flowered, made possible by the internal peace maintained by a strong monarchy. Henry II gave significant impetus to the development of a system of royal justice that superseded feudal courts. From this there grew up the system of Common Law, based on the decisions of the king's judges, who traveled around the country. In contrast to Roman civil law and the church's canon law, common law reflected the customs and instincts of the English people, who were beginning to recover influence. Norman lawyers helped to codify it. Its very flexibility and adaptability (like the empirical spirit of British philosophy later) was to ensure its future importance among English-speaking peoples all over the world, especially in the United States.

A step of later constitutional significance was taken with the granting of the Magna Carta in 1215. The document itself registered feudal concessions extracted by the barons and the church from King John. The Magna Carta became more important in time, especially with the development of Parliament.

This institution was also to have major significance in all English-speaking countries. Many medieval states had comparable institutions, but none with such a future. Parliament was in origin an extension of the Royal Council, in which the king consulted magnates from all over the realm. In 1265 the baronial leader Simon de Montfort summoned a Parliament that also included local gentry from each county and middle-class people of the leading towns. Thus for the first time the whole country was represented — or, at least, all the active elements who ran it. Thereafter, these representatives were generally consulted in times of national emergency — as during foreign wars or rebellions that necessitated the raising of money.

III. Answer the questions on the text.

1. What did you learn from the text about the system of Common Law?

2. Why can Magna Carta be considered a document of constitutional significance?

3. What was the role of the early Parliament in running the county‘s affairs?

IV. Write out the true sentences according to the text.

1. Henry II gave significant impetus to the development of a system of royal justice.

2. In contrast to Roman civil law and the church's canon law, common law did not reflect the customs and instincts of the English people

3. Few medieval states had comparable institutions.

4. The Magna Carta became more important in time, especially with the development of Common Law.