论文部分内容阅读
英国法律制度的四个基石是法治、立宪君主制、议会主权以及对基本的个人自由或权利的认可。这些自由根植于古老的普通法,也有1215年《大宪章》的功劳。1225年议会确认的《大宪章》则被视为英国第一部制定法,确立了英国“王在法下”的有限君主制原则。最为重要的自由被认为包含在该版本的第29条里,尽管其落实的过程经过了数个世纪。普通法的四大出庭律师公会也为英国的法治传统奠定了制度基础。由于法治难以准确界定,在特定时代其实际状况有着程度和认识上的差异。但目前清楚的是,奠定法律救济制度的重要措施均始于16世纪。这主要是法律创新的成果,而《大宪章》的成果不在于其文字本身,而在于从其伟大目标推演出来的含义。
The four cornerstones of the British legal system are the rule of law, the constitutional monarchy, parliamentary sovereignty, and recognition of basic personal liberty or rights. These freedoms are rooted in the ancient common law and have the merit of the 1215 Magna Carta. The Magna Carta recognized by the Parliament in 1225 was regarded as the first enactment law in England and established the principle of limited sovereignty of the British under the “King under the law.” The most important freedoms are considered to be included in the 29th version of this edition, although the process of its implementation has been going on for centuries. The four common lawyers’ associations in common law have also laid the institutional foundation for the British rule of law tradition. Due to the fact that the rule of law is difficult to define precisely, the actual situation in a given era has both a degree and a cognitive difference. However, it is now clear that important measures to establish a legal remedy began in the 16th century. This is mainly the result of legal innovations, and the outcome of the Magna Carta lies not in the language itself but in the meaning drawn from its great goals.