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INB Page 13

INB Page 13 . What is the similarities and differences of direct and representative democracy? How are democracy and anarchy similar?. Democracy Develops in England. Reforms in Medieval England. Henry II develops jury trials and appointed royal judges

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INB Page 13

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  1. INB Page 13 • What is the similarities and differences of direct and representative democracy? • How are democracy and anarchy similar?

  2. Democracy Develops in England

  3. Reforms in Medieval England • Henry II develops jury trials and appointed royal judges • Previous accused would need to survive a duel, torture, or something dangerous to be set free. • Juries did not decide guilt. • Legal decision would set precedents. • Precedents over time became Common law- reflected customs and principles established over time.

  4. Magna Carta • Henry II dies, son Richard the Lion-Hearted takes throne, and is followed by his Brother John. • England loses war with France • Loses land to France, and John taxes to pay for war. • Conflict between nobles and king arises. • 1215 nobles rebel, force king to grant certain political rights. • Written demand becomes Magna Carta (Great Charter)

  5. Major source for individual rights and liberties • Contract between state (king) and nobles (people) • Limited certain powers of English Monarchs • Made monarchs govern to law, not how they pleased. • Had 63 clauses • Clause 12 “shall be levied in our kingdom only by that common consent of our kingdom.” Later would be without consent of Parliament- England’s national legislature. • Clause 39, people had the right to trial by jury. This became now as due process- laws to work in known orderly ways. • Over time House of Commons (Knights of lower house in Parliament) and House of Lords (nobles and bishop of upper house in Parliament)

  6. No bailiff for the future shall, upon his own unsupported complain, put anyone to his “law”, without credible witnesses brought for this purpose No freeman shall be taken or imprisoned… or exiled or in any way destroyed, nor will we [the king] go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land

  7. Parliament Grows Stronger • Parliament gains right to approve expenses • House of commons control purse strings • Equalizes with monarch • Monarchs fight back, wanted absolute power, and their power comes from God. • Divine Rights- monarchs chosen by God and responsible only to God.

  8. Stuart Monarchs Take Over • Death of Elizabeth I, without an heir, lead to the ascension of the Stuarts. • Stuarts believe in divine right • James I, a Scot, clashes with Parliament. • 3 central issues • Puritans trying to change Anglican church through law • Used a royal court of law instead of common law • Money, James wanted war and extravagant court. (Parliament said no)

  9. Parliament Overthrows the King • Charles I, takes throne, after his James I. Like his dad, Charles needs money and turns to Parliament. • Charles given funds for royal limitations. • Petition of Rights end • Taxing w/o Parliament’s Consent • Imprisoning citizen illegally • Housing troops in citizens’ homes • Maintaining military government at peacetime • Charles would later ignore the commitments • Charles dismisses Parliament, then convenes them for war money. • Parliament passes laws reducing kings power.

  10. English Civil War • Royalists side with monarchy • Antiroyalists side with Parliament • Antiroyalists under Oliver Cromwell, win • Charles executed as “tyrant, murderer, and public enemy”

  11. Establishment of Constitutional Monarchy • Cromwell becomes a dictator and dissolves Parliament. Through his own death and his son being a weak leader, his Protectorate dissolves. • 1660 a new Parliament is created • Charles Stuart invited to take throne, • Restoration Period Begins • Parliament retain all powers • Passes Habeas Corpus Amendment (prohibition of authorities from detaining a person wrongfully accused)

  12. Glorious Revolution • 1685 Charles dies, and James II takes over. James, a Catholic and believer in Divine Rights. Protestants fearful, James would return to Catholicism as official religion. • Parliament withdraws support of James • Offers throne to James’ daughter, Mary and husband William of Orange. • William invades, and James flees to France • Known as Glorious Revolution- turning point in English constitutional history. • Parliament takes control of monarch’s power and succession to the throne. • Constitutional Monarchy- powers of the ruler are restricted by the constitution and the laws of the country.

  13. English Bill of Rights • 1689 William and Mary accept Parliaments Bill of Right-formal summary of the rights and liberties believed essential to the people. • Limits monarchy’s power and protects free speech • Forbid monarchs forbidding of laws, taxing w/o consent, raising army during peace time, • Excessive bail and cruel and usual punishment were forbidden

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