LAWS110: Legal History 5 - Magna Carta


  • Transitional Topic: Ghosts and Battles

    • Engage students with a discussion on the "Battle of Hedge Hill" and its connection to ghosts.

    • Story: Farmers reported seeing ghosts reenacting the battle after the English Civil War.

    • Discussion on how Parliament recognized these sightings.

  • Legal Perspective on Ghosts

    • Mention of historical court cases regarding ghost sightings.

  • Contextual History: Battle of Hedge Hill

    • Importance of understanding the events leading to the battle is emphasized.

    • Historical Overview:

    • The battle occurred during the English Civil War in the 1640s.

    • Rooted in conflicts between the monarchy and parliamentary authority.

    • Relevant characters include King Charles I and the Parliament.

  • Constitutional Discussion

    • Focus on New Zealand's constitution and its unwritten nature.

    • Comparison made between unwritten and written constitutions.

    • Unwritten constitution: laws spread across multiple documents rather than located in a single document.

    • Historical context explained: how New Zealand's constitution mirrors the UK's parliamentary system.

  • Evolution of Government

    • Discussion on the transition from absolute monarchy to parliamentary democracy in England.

    • The establishment of Parliament in 1295 marked a critical shift in governance power.

    • The gradual limitation of the king's power through events such as the Magna Carta.

    • Significant historical figures:

    • King Charles I's conflict with parliament led to the English Civil War.

    • Importance of the parliamentary army's tactical advantages through skilled leadership.

    • The role of Oliver Cromwell in the fall of Charles I.

    • Post-war monarchy dynamics: Charles II's return and how he handled former enemies.

  • Religious and Political Dynamics

    • Issues surrounding King Charles II's heirs and the potential rise of a Catholic monarchy.

    • The influence of religious beliefs on governance and public sentiment.

    • The Glorious Revolution led by William of Orange's invasion which further curtailed royal powers.

  • Conclusion & Next Steps

    • Encouragement for students to appreciate the historical context as foundational to understanding contemporary constitutional law.

    • Next class will cover New Zealand's constitutional evolution post-1840.

    • Open floor for questions, reinforcing understanding through historical narratives related to the present constitutional framework.

  • Closing

    • Final thoughts about the importance of historical events in shaping modern governance.

    • Class dismisses with a reminder about the next session.