History of state and law of foreign countries. The system of bourgeois law in England (the most important)

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History of state and law of foreign countries. The system of bourgeois law in England (the most important)

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The system of bourgeois law in England

The English bourgeois revolution did not bring new changes to the legal system of England and almost did not touch upon case law. The old judicial system and all legal proceedings remained intact.

Of the laws adopted during the revolution, the most important were those that transformed the feudal right of landed property into a bourgeois one. In this regard, the Act of Parliament deserves special attention. February 24, 1646, to which noble (knightly) land holdings, including holdings of copyholders, were declared free private property. Act 1646 BC served to transform feudal property into bourgeois property and therefore should be considered as the most important result of the English bourgeois revolution, while we must not forget the copyholders, whose land holdings, based on the abolition of feudal law, lost their legal basis and protection.

It should also be noted that massive land confiscations, among which the act 1642 BC, who were declared confiscated land holdings of supporters of the king, an act October 9, 1646 on confiscation of church lands, act 1649 BC on the sale of royal lands.

The acts of parliament that swept away the feudal restrictions on business and trade were also of the utmost importance. Among them, the law on the prohibition of monopolies deserves to be noted, which at that time meant the establishment of special privileges for some kind of entrepreneurial activity (November 1640); Great Demonstration 1641 BC, condemning the feudal forms of regulation of industry and trade. "An Act for the Promotion and Regulation of the Trade of the English State" August 1, 1650, by which Parliament instructed the then established “permanent council” to take measures necessary for “a more open and free trade than is currently carried on,” and at the same time to carry out a general revision of the legal acts regulating trade and industry so that they did not contradict the “interests of the state”.

Знаменитый Navigation Act 1651 served as the greatest stimulus for the development of English overseas trade to the detriment of its Dutch and other competitors.

With all this, the further development of English law followed the path of adapting the old feudal law to new, bourgeois relations, in addition, the case system had a significant ability to be flexible and adaptable to new conditions.

Gradually, during XVIII-XIX centuries., the English doctrine of judicial case law is being formed, consisting in a combination of legal structures and judicial practice that served to establish a more or less stable procedure for the case system. The decisions of the higher courts of England began to be considered binding both for all the lower courts and for themselves; at the same time, the higher courts were not bound by the decisions of the lower courts, the judges of the same instance were advised not to make decisions that differ significantly from each other; only that part of the court decision that contains the rationale for the decision is applied (considered mandatory), everything else is of no significant significance and binding force.

Through reforms 1873-1875, the courts of equity were merged with the courts of common law. Accordingly, the norms of common law ceased to be considered a special system, different from the norms of the courts of justice. A uniform case law emerged that is still applied today. The law gave obvious preference to the rules of equity.

It was the courts of justice that created the very institutions of law that most contributed to bourgeois relations.

Author: Selyanin A.V.

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