论议会主权与英格兰-苏格兰的议会联合
发布时间：2018-11-02 17:30
【摘要】：在宪制上,18、19世纪的不列颠以议会主权为根本原则,同时它又是一个海权国家。1707年英格兰与苏格兰的议会联合标志着统一的不列颠国家形态的出现,这点对于海权国家尤为重要。因此,议会主权原则以及1707年英格兰与苏格兰议会联合是“自由帝国”的两大基石。戴雪的《英宪精义》深刻地揭橥了议会主权原则。其生平最后一本著作《思索英格兰与苏格兰的联合》论述的是1707年英格兰与苏格兰的议会联合。戴雪的宪法思想对于理解议会主权原则以及1707年英格兰与苏格兰议会联合具有启发意义。本文立基对戴雪宪法思想的理解,试图阐述议会主权原则及其同英格兰与苏格兰议会联合的内在关系。本文旨在从一个侧面加深对英国宪法及其原则的研究。在第一部分“导论与综述”中,作者从公民自由与帝国权力之间的张力切入,进而本文主题。综述简要介绍了英语世界以及中文学界对议会联合的研究状况。第二部分对议会主权原则的理论进行了梳理;论述了戴雪从自由叙事与帝国叙事这两个方面对这一原则的独特阐述;梳理了他对1707年英格兰与苏格兰议会联合的探讨。第三部分简要论述了1603年英格兰与苏格兰王室联合之前,两国王国之间的关系。第四部分论述了1603年王室联合以来,不列颠岛围绕着主权属于国王还是议会而发生的革命与宪制变迁;以及在此过程中两国发生的三次不成功的联合。第五部分论述了随着光荣革命的成功,议会主权原则在英格兰与苏格兰得以实现。然而,议会主权原则在两国的实现,反而造成了两国之间在经贸、政治上发生了重大的危机。为了解决这些危机,也为了避免议会主权的宪政原则免遭法国绝对主义政权的危害,英格兰与苏格兰的议会联合是摆在英格兰与苏格兰辉格党政治家面前唯一的选择。1707年联合法案在两国议会获得通过,英格兰与苏格兰的议会联合宣告完成。尾论部分简要地总结了全文的观点。议会主权原则在两国的确立为英格兰与苏格兰的议会联合提供了必备的前提条件;议会联合的成功保障了议会主权的宪法原则在不列颠长久、稳固地确立起来,成为英国宪法的一项根本原则。
[Abstract]:Constitutionally, Britain in the 1800s was based on the principle of parliamentary sovereignty, and it was also a maritime power. The parliamentary union of England and Scotland in 1707 marked the appearance of a unified British state. This is particularly important for maritime powers. Thus, the principle of parliamentary sovereignty and the 1707 union of England and the Scottish Parliament were the two cornerstones of the Free Empire. The principle of parliamentary sovereignty is deeply enshrined in the British Constitution by Dai Xue. The last book of his life, pondering the union of England and Scotland, deals with the union of England and Scotland in 1707. His constitutional ideas were instructive to understand the principle of parliamentary sovereignty and to unite England with the Scottish Parliament in 1707. This paper tries to expound the principle of parliamentary sovereignty and its internal relationship with the union of England and Scottish Parliament. The purpose of this paper is to deepen the study of the British Constitution and its principles from one aspect. In the first part, "introduction and Summary", the author cuts into the tension between civil liberties and imperial power, and then the theme of this paper. This paper briefly introduces the English-speaking world and the research of parliamentary union in Chinese and Chinese literary circles. The second part combs the theory of the principle of parliamentary sovereignty, discusses the unique elaboration of this principle from the two aspects of free narration and imperial narrative, and combs his discussion on the union of England and Scottish Parliament in 1707. The third part briefly discusses the relationship between the kingdoms of England and Scotland before the union of the royal family of England and Scotland in 1603. The fourth part discusses the revolution and constitutional change around the sovereignty of the king or parliament since the union of the royal family in 1603, and the three unsuccessful union of the two countries in the process. The fifth part discusses the realization of the principle of parliamentary sovereignty in England and Scotland with the success of the glorious revolution. However, the realization of the principle of parliamentary sovereignty in the two countries has resulted in a major economic and political crisis between the two countries. In order to resolve these crises and to avoid the constitutional principle of parliamentary sovereignty from being jeopardized by the French absolutist regime, A parliamentary union between England and Scotland is the only option for Whig politicians in England and Scotland. The Union Act was passed in 1707 and the Parliament of England and Scotland was completed. The last part briefly summarizes the views of the full text. The establishment of the principle of parliamentary sovereignty in the two countries provided a prerequisite for the parliamentary union between England and Scotland. The constitutional principle of parliamentary union has been established in Britain for a long time and has become a fundamental principle of British constitution.
【学位授予单位】：上海交通大学
【学位级别】：博士
【学位授予年份】：2015
【分类号】：D756.1
本文编号：2306463
[Abstract]:Constitutionally, Britain in the 1800s was based on the principle of parliamentary sovereignty, and it was also a maritime power. The parliamentary union of England and Scotland in 1707 marked the appearance of a unified British state. This is particularly important for maritime powers. Thus, the principle of parliamentary sovereignty and the 1707 union of England and the Scottish Parliament were the two cornerstones of the Free Empire. The principle of parliamentary sovereignty is deeply enshrined in the British Constitution by Dai Xue. The last book of his life, pondering the union of England and Scotland, deals with the union of England and Scotland in 1707. His constitutional ideas were instructive to understand the principle of parliamentary sovereignty and to unite England with the Scottish Parliament in 1707. This paper tries to expound the principle of parliamentary sovereignty and its internal relationship with the union of England and Scottish Parliament. The purpose of this paper is to deepen the study of the British Constitution and its principles from one aspect. In the first part, "introduction and Summary", the author cuts into the tension between civil liberties and imperial power, and then the theme of this paper. This paper briefly introduces the English-speaking world and the research of parliamentary union in Chinese and Chinese literary circles. The second part combs the theory of the principle of parliamentary sovereignty, discusses the unique elaboration of this principle from the two aspects of free narration and imperial narrative, and combs his discussion on the union of England and Scottish Parliament in 1707. The third part briefly discusses the relationship between the kingdoms of England and Scotland before the union of the royal family of England and Scotland in 1603. The fourth part discusses the revolution and constitutional change around the sovereignty of the king or parliament since the union of the royal family in 1603, and the three unsuccessful union of the two countries in the process. The fifth part discusses the realization of the principle of parliamentary sovereignty in England and Scotland with the success of the glorious revolution. However, the realization of the principle of parliamentary sovereignty in the two countries has resulted in a major economic and political crisis between the two countries. In order to resolve these crises and to avoid the constitutional principle of parliamentary sovereignty from being jeopardized by the French absolutist regime, A parliamentary union between England and Scotland is the only option for Whig politicians in England and Scotland. The Union Act was passed in 1707 and the Parliament of England and Scotland was completed. The last part briefly summarizes the views of the full text. The establishment of the principle of parliamentary sovereignty in the two countries provided a prerequisite for the parliamentary union between England and Scotland. The constitutional principle of parliamentary union has been established in Britain for a long time and has become a fundamental principle of British constitution.
【学位授予单位】：上海交通大学
【学位级别】：博士
【学位授予年份】：2015
【分类号】：D756.1
【参考文献】
相关博士学位论文 前1条
1 赵立平;近代早期英格兰苏格兰联合问题研究[D];东北师范大学;2003年
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