English Civil War Practice Essay PDF

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A+ Origins of Government Practice Essay relating to the role of the English Civil War in cementing parliamentary supremacy in English Law....

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Describe the role of the English Civil War in the development of parliamentary supremacy, and why and how parliamentary supremacy remains an important part of Aotearoa New Zealand’s constitution.

The English Civil War played a significant role in the development of parliamentary supremacy. This key principle remains an important part of Aotearoa New Zealand’s constitution. The English Civil War however, was not the only key area of development to parliamentary supremacy, the actions of Edward and his successors, along with the Glorious Revolution, also held significance in the development of this important constitutional principle. Following the Magna Carta and the rule of law being established in 1215, England had much clearer boundaries between the rights and power of the sovereign. This continued throughout the 13th century. In 1264, Henry III was overthrown by Simon De Montfort. Whilst in power, De Montfort looked to establish the De Montfort parliament. This was a body of government which was made from elected officials and selected aristocratic members. Edward, Henry’s son, escaped the prison which De Montfort had placed him in, and overthrew Simon, placing his father back on the throne and disestablishing De Montfort’s parliament. When Henry died, Edward succeeded him in 1272, and in 1295 put into place the ideal parliament. This is a progressive act of the sovereign, recognising the need for parliamentary influence in the governance of the country. In 1327, developments of parliaments’ supremacy developed, when Edward II was forced to resign his sovereignty. Edward II was a weak and incapable King; parliament recognised this and placed his wife and her lover in rule. In 1340, under Edward III more parliamentary supremacy was developed, when the sovereign willingly reduced his power in favour by ensuring no laws or taxes or could be created without the consent and permission of parliament. Through the actions of Edward and his successors, we can see the origins of parliamentary supremacy. For almost a century between the reigns of Henry VIII and Elizabeth I, from 1509 to 1603, parliament’s power was made more concrete and clear. During this time, England moved away from the Roman Catholic Church, which allowed both the sovereign and parliament to declare laws more effectively, and made their actions in the pursuit of governing England much easier. During this time, parliament and the sovereign had positive relations. This came to an end however in 1625, when Charles I came into power. Charles quickly deteriorated relations with parliament by marrying a Catholic wife, and wishing to raise taxes to fund foreign wars in the name of his Catholic family in law. Parliament approached him with the Petition of Right in 1628, which outlined his wrongdoings as sovereign, and attempted to place him back under the rule of law. Charles initially followed this petition, but then abandoned it entirely, and refused to meet with parliament for 11 years. During this time, Charles ruled practically as a dictator, until 1642 where he invaded parliament to gain money for foreign wars. This sparked the English Civil War, where parliamentarian forces faced off against royal forces. Parliament inevitably won, and placed Charles II on the throne. Charles II signed the petition of Right, ensuring no actions against the interest of parliament would occur, and reaffirming the sovereign would act under the rule of law. The English Civil War played an integral role in the development of Parliamentary Supremacy, as it dissolved much of the sovereign’s power and ensured Parliament had a more significant say in the governance of England.

Charles II ruled effectively alongside Parliament until 1685, when he suddenly died. James II then rose to the throne. James was a devout Catholic who announced religious freedom and promoted Catholics to top positions in the clergy and government. Parliament heavily disliked James, so they invited William of Orange, a dutch protestant to invade. William was married to James II's daughter, Mary II. They invaded in 1688 and forced James II to flee the country in 1689. They were then both crowned dual sovereigns, and signed the Bill of Rights. The Bill of Rights extensively outlined the key rules of a sovereign, and the rights in which the English people could expect from their King. The Bill of Rights, and the conflict which surrounded it highlights a key development in the principle of parliamentary supremacy, as it showed the extent and power in which parliament could rely on to achieve their aims. Contemporarily, the English Civil War echoes down the role of parliamentary supremacy to us through its position in legislation. In the Imperial Laws Act of 1988, the Magna Carta, Bill of Rights, and Petition of Rights were all adopted into New Zealand’s non entrenched constitution. These documents hold major significance as they outline the history and importance of parliamentary significance, especially related to the rule of law and the position of parliament as the most powerful aspect of governance. Through the Imperial Laws Act we can effectively see how the English Civil War, the actions of Edward, the Glorious Revolution, and their development of the role of parliamentary supremacy remain as a significant part of New Zealand’s constitution....