Topic 1 Additional Notes (All students)

LW112: Topic 1 Introduction and English Legal History

English Legal History: Growing Power of Monarchy and Parliament (1066-1600)

  • Background: After the death of King Edward the Confessor in 1066, Harold, son of the Earl of Wessex, was elected King by the Witenagemot.

  • William the Conqueror:

    • Claimed promise of succession from King Edward and Harold's oath made during Harold’s shipwreck in Normandy.

    • Invasion led to defeat of King Harold at the Battle of Hastings on October 14, 1066.

    • William crowned King of England on Christmas Day 1066.

  • Feudal System Established:

    • Established a system where land was divided: 1/4 for William, 1/4 to the Church, 1/4 to main supporters, and 1/4 to lesser supporters.

    • All landholders owed loyalty to the king.

  • Law-Making Power:

    • Royal laws created either by the king or his appointed council.

    • Several forms of laws: charters (e.g., Magna Carta 1215), directions to judges, assizes, provisions, ordinances.

  • Parliament Evolution:

    • By the 14th century, both commons and nobility attended Parliament, allowing them to present petitions and bring bills to the king.

    • Laws passed by Parliament termed statutes or Acts of Parliament.

  • Tudor Era (1500s):

    • Strong monarchs like Henry VIII and Elizabeth I expanded power against the Catholic Church and foreign powers (Spain).

Reduction of Powers of Monarchy by Parliament and Courts (17th Century, 1600s)

Key Conflicts Between Monarchy and Parliament

  1. Power to Make Laws:

    • Case of Proclamations (1610) indicated supremacy of common law over the king's proclamations.

    • Chief Justice Coke emphasized the king cannot change law via proclamation.

  2. Taxation Powers:

    • Initially upheld by courts, later restricted by Parliament.

    • Case of Impositions (1606) allowed duties increase without Parliament's approval.

    • Bill of Rights Act (1689) established that taxation requires parliamentary consent.

  3. Dispensing with Acts of Parliament:

    • Godden v Hales (1686) initially allowed the king's power to suspend acts; later ruled illegal under Bill of Rights.

  4. Convening Parliament:

    • Bill of Rights (1689) mandated frequent summoning of Parliament.

  5. Charges for Statements in Parliament:

    • Elliot's Case (1629) initially allowed prosecution for seditious statements, later deemed illegal under Bill of Rights.

  6. Power to Arrest:

    • Upheld by courts; later restricted by the Bill of Rights ensuring legality in arrests.

  7. Judging Cases and Controlling Judges:

    • Coke CJ ruled the king cannot adjudicate cases directly, must rely on justice courts.

    • Star Chamber Abolition Act (1640) removed excessive royal judicial power.

  8. Judges' Appointments:

    • Act of Settlement (1700) ensured judges were removable only for good behavior.

Reduction of Powers of Monarchy during 18th Century (1700s)

  1. Minister Appointments:

    • Monarchical powers reduced through convention and Parliament.

    • Act of Settlement (1700) set succession rules favoring Protestants; Hanoverian kings practiced non-involvement in politics.

Conflict Between Houses of Parliament and Courts (1800-1900)

  • Courts took a bold stance on parliamentary privileges but later withdrew.

  • Key Cases:

    • Burdett v Abbott (1811): Upheld Parliament's arrest power for contempt.

    • Stockdale v Hansard (1839): Courts ruled that neither House can legally approve defamatory publications; established limits of parliamentary privilege.

    • Sheriff of Middlesex’s Case (1840): Court couldn't examine what constituted parliamentary contempt.

Freedom of Houses of Parliament from Control by Courts (1880-Present)

  1. Court Examination of Bills: Courts cannot question the approval process of Parliament (Edinburgh and Dalkeith Railway Co v Wauchope, 1842).

  2. Internal Controls: Accepts Parliamentary independence from court oversight (Bradlaugh v Gossett, 1884).

  3. Legislative Authority: Parliament can amend past laws; one body can't bind future legislatures (Ellen Street Estates Ltd v Minister of Health, 1934).

Contempt of Parliament Issue

  • Ongoing Debate:

    • Unresolved question on whether the determination of contempt lies with the courts or the Houses of Parliament.

    • Courts accept House's claim of contempt but the nature of contempt is still debated.

English Legal History Overview

  • Growing Power of Monarchy and Parliament (1066-1600):

    • William the Conqueror claimed the English throne in 1066, establishing a feudal system dividing land among supporters and the Church.

    • Law-making power resided with the king and council, evolving into parliamentary systems with the passage of statutes.

    • The Tudor Era strengthened monarchs against the Catholic Church.

  • Reduction of Monarchical Powers (17th Century):

    • Key cases asserted common law supremacy and required parliamentary consent for taxation (Bill of Rights 1689).

    • Limitations on the king's power to suspend acts and mandate regular Parliament summoning.

    • The judicial power shifted from the king to the justice courts with significant reforms.

  • Continued Decline of Monarchical Powers (18th Century):

    • Convention and Parliament increasingly dictated ministerial appointments, especially under Hanoverian kings.

  • Conflicts Between Houses of Parliament and Courts (1800-1900):

    • Courts intermittently supported and then limited parliamentary privileges in landmark cases.

  • Parliamentary Independence (1880-Present):

    • Courts cannot question Parliament’s internal processes, affirming legislative authority.

  • Contempt of Parliament:

    • Ongoing debate over whether contempt determination lies with courts or Parliament.