Job Recruitment Website - Immigration policy - In modern times, Britain and the United States established their respective modern bourgeois democratic regimes through relevant laws. Please explain it with historical facts. Solve ... thank you
In modern times, Britain and the United States established their respective modern bourgeois democratic regimes through relevant laws. Please explain it with historical facts. Solve ... thank you
The predecessor of the United States was the 13 colony established by Britain in North America. From the16th century, Britain invaded North America with other colonists and launched a fierce battle. By 1722, Britain defeated other colonists and established 13 colonies. Due to the control of the British government and the background of immigrants, British laws came into effect in various colonies to varying degrees. (1) Until18th century, the laws implemented by the colonies were primitive and crude, and English law failed to gain a dominant position in North America. This is because: ① "Common law is bound by an ancient procedure" and needs experienced legal professionals to implement it. The North American colonies at that time obviously lacked such conditions. ② There is a big gap between the social background of common law and the economic structure and social relations of colonial North America. English common law, which was born in feudal society, is extremely feudal and conservative. During the colonial period in North America, slavery, feudalism and capitalism coexisted, and the common law could not provide very satisfactory answers to the brand-new problems faced by colonial residents. (3) Other sources of law in Hong Kong exclude the application of common law. At that time, some colonies in North America took the Bible as the basis for judging cases. Some colonies made their own laws under the strong resistance of the people, such as the Carolina Basic Law of 1668 and the Pennsylvania Administrative Outline of 1682. ④ The colonial people's instinctive rejection of English common law. Even British immigrants, many of whom left their homes to escape religious persecution, are dissatisfied with the common law. (2)1From the beginning of the 8th century to the North American War of Independence, there was a trend of accepting common law in North America, and the dominant position of common law in North American colonies was gradually established. The main reasons are as follows: ① the needs of colonial economic development. With the development of colonial economy, politics and culture, the original simple laws can no longer meet the needs of the situation, while the British laws at that time have adapted to the development of capitalist economy, gradually abandoned the feudal factors of laws and gradually moved towards modernization, providing ready-made norms for adjusting colonial economic relations. (2) The British government stepped up its intervention in colonial legislation and justice. The British government forced colonial legislation to obey the principles of British law, and all legislation that was considered to be in violation of British law was declared invalid. At the same time, the colonies generally set up courts and applied English common law. ③ Widespread dissemination of common law documents and knowledge. Especially in 1772, Braque Si Tong's Interpretation of English Law was published in Philadelphia, and learning English law became a common practice. The implementation of British common law in the colonial period of North America laid the foundation of American law and determined the basic style and division of American law.
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