TOPIC 2

Erena Tajuelo Bardon- Historical foundations of the legal system

 Evolution of Royal power- Hipanic Monarchy
Territorial expansión (Middle Ages)
◦ During the exercise + power consequence

of monarchic +complex Multiplication of royal machinery of power. (representatives of

the king)
goverment
Pactum
the absolute sovereignty of the subjectionis
Hispanic Monarchy for prince was inevitably but there were instruments
instance would recognize four
More nominal that defined his limits
between King
and
sectors pertaining than effective community
to the sphere of action of the The Cortes were summoned for the
monarch reciprocal swearing of the king among
war /grace other things
New sector developed by royal bodies to
treasury increase power and gain territories As the King gain power
Justice government Cortes lost power
Evolution of Royal power- Hipanic Monarchy
“The problem is, then, to understand
IUS PROPIUM the relations between the real law and
the law. the ius commune and
Kings tried to impose Making their Will the law understand how the latter was the
Royal law IUS COMUNNE reference point for everything that
was vital in the law.”
“understand it as "common law",
assigning
a value, a dignity and a function equal
to those of the ius commune.”
◦ mechanisms that were established throughout history to Ius propium in Europo- Bellmono
limit and control the exercise of absolute power by the
king or his representatives. (apart from pactum
subjectionis)

laws were justified as royal laws were compiled to ensure their

emanating from the prince’s will consolidation
 Kingdom of England

The monarchy of the United Kingdom traces its origins from the petty kingdoms
of Anglo-Saxon, it had an elective monarchy, 
In 1215, King John agreed to limit his own powers over his subjects according to
the terms of Magna Carta..From 1603, the English and Scottish kingdoms were
ruled by a single sovereign in the Union of the Crowns. From 1649 to 1660, the
tradition of monarchy was broken by the republican Commonwealth of
England, which followed the Wars of the Three Kingdoms.
Following the installation of William and Mary as co-monarchs in the Glorious
Revolution, a constitutional monarchy was established with power shifting to
Parliament
1707, the kingdoms of England and Scotland were merged to create the Kingdom
of Great Britain, and in 1801, the Kingdom of Ireland joined to create the United
Kingdom of Great Britain and Ireland.
 Magna Carta
◦ After King John of England
violated a number of ancient laws
and traditions by which England Establishes the basic rights and obligations
had been governed, his subjects of citizens, especially those granted by a
forced him to sign the Magna sovereign aswell as the limits to the power
Carta, which lists what later came of the king.
to be considered human rights.

„Magna Carta had been intended as a peace treaty, a formula to bring an end to the conflict between
the king and barons”
“the Bible of the English Constitution”
D. DANZIGER & J. GILLINGHAM, 1215.
„somo parts of the magna carta are a preucrsor to the later bills of rights“
GROSSI PG48
 French Kingdom
◦ The Kingdom of France in the early modern
period, from the Renaissance to the
Revolution , was a monarchy ruled by the
House of Bourbon. The territory of France
during this period increased until it included
essentially the extent of the modern
country, and it also included the territories
of the first French colonial empire overseas.
Somnium viridarii
◦ The manuscript is a translation of the important political treatise entitled
Somnium viridarii composed at the request of King Charles V of France
between 1374 and 1375 and translated for the king in 1378

“Povides a political discourse defending the rights of the French king over
those of the papacy. This political view, known as Gallicanism, argued that
the French bishops and the French king had the power to organize and
direct the Church within “
Le songe du vertier- Anonimo (1973)