A Study On The Relationship Between Judicial Power And Local Autonomy In Medieval England | Posted on:2024-08-24 | Degree:Master | Type:Thesis | Country:China | Candidate:Z Xu | Full Text:PDF | GTID:2555307058473774 | Subject:Legal history | Abstract/Summary: | PDF Full Text Request | England is known as the ’Home of Local Autonomy’,and its tradition of local autonomy can be traced back to the Middle Ages.Under the special historical conditions of medieval England,judicial power was the main manifestation of national power,playing an important role in both central and local contexts.The Middle Ages was also a period of continuous expansion of royal power,striving to achieve complete control over the country.Therefore,exploring the relationship between judicial power and local autonomy during this period is of great significance for understanding its connotation.Judicial power and local autonomy exhibit complex relationships in different historical stages.The central and local judicial powers in England have experienced coexistence,centralization,and decentralization,while local autonomy has experienced rise,decline,and silence.The relationship between judicial power and local autonomy is manifested as symbiosis,confrontation,and separation.The first part analyzes the historical conditions for the connection between judicial power and local autonomy during the Middle Ages.The Anglo and Saxon people who settled on the island of Britain brought a democratic parliamentary system to England.In the Middle Ages,the royal power was restricted by the geographical environment and capital,which made it impossible to establish a bureaucracy system that could pass through the country.It had to rely on the nobility such as Count Fang to govern all places.The tradition of respecting the law in England has made customary law the standard for handling local affairs,and courts have also become the main venue for managing affairs.The second part discusses the shaping effect of judicial power on local autonomy before and after the Norman Conquest.The public nature of local court trials and the judicialization of local affairs jointly promote centralized discussion and active participation of the public in public affairs.Although the king attempted to strengthen control of the area by replacing the deputy sheriff in the county,the judicial benefits brought by judicial power to the sheriff led to a certain degree of centrifugation.On the other hand,the feudalism caused the division of state power in all levels.The lord held the land and the power attached to the land,but it was too scattered to form a strong integration.As a grass-roots unit under the feudalism,the manor court had an autonomous attribute in essence.The third part focuses on analyzing the confrontational relationship between central judicial power,local judicial power,and local autonomy after Henry II’s judicial reform.In the context of increasing local power,the early model of local autonomy threatened the jurisdiction of the central government,and the central royal family urgently needed to strengthen their authority.Therefore,after Henry II ascended the throne,the relationship between central judicial power and local autonomy manifested as a confrontation.The judicial power of the royal family gradually expanded,extending power to the grassroots level.The rise of royal courts and circuit courts has led to a large number of cases being separated from local public courts and lord courts.In order to expand its jurisdiction,the central court has expanded the scope of "peace of the king" to all criminal cases;The judicial process of the writ extended the tentacles of the royal court to the land domain;The introduction of the jury system has increased the attractiveness of the royal court to the public.The king’s goal was achieved and indeed achieved,with the gradual unification of judicial power,the narrowing of the jurisdiction of local public courts,and the weakening of autonomy.The fourth part is dedicated to discussing the separation of local judicial power and local autonomy before England entered authoritarian rule.The deepening of central judicial power at the grassroots level has strengthened the rule of the royal family,but it has also brought enormous work pressure to the royal court.With social unrest,the security environment has deteriorated,and local authorities need strong personnel to maintain security.Public security officers have emerged.At this time,the judicial power and local autonomy showed a trend of separation.First,the judicial power was separated from local institutions.The judicial power of magistrates no longer came from the transfer of the people or the feudalism,but was authorized by national laws and the appointment of the king,and was managed by the royal court.Secondly,it is manifested in the separation of judicial power and public affairs.The work of magistrates involves a large number of administrative affairs,and administrative power has gradually become the main way to handle local affairs.The fifth part discusses the impact of the changes in the relationship between judicial power and local autonomy in medieval England on its development.In terms of the development of the rule of law in England,Henry II’s judicial reform activities not only promoted the birth of common law,but also trained a group of full-time judges,leading to a significant leap in the level of justice in England.In terms of local governance development,the early tradition of local autonomy laid the foundation for the development of the local autonomy system in modern Britain,and the widespread participation of the public in regional political and judicial activities became a major feature of British politics. | Keywords/Search Tags: | England, jurisdiction, local self-government, county court, royal court, justice of the peace | PDF Full Text Request | Related items |
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