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Criminal Justice Act

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Criminal Justice Act (with its many variations) is a stock short title used for legislation in Canada , Malaysia , the Republic of Ireland and the United Kingdom relating to the criminal law (including both substantive and procedural aspects of that law). It tends to be used for Acts that do not have a single cohesive subject matter.

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111-552: The Bill for an Act with this short title will have been known as a Criminal Justice Bill during its passage through Parliament . Criminal Justice Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to the criminal law. It is not a term of art. See also Criminal Law Act and Criminal Law Amendment Act . Criminal Justice Order A number of Orders in Council with this title have been passed. The change in nomenclature

222-587: A brief period, England became a commonwealth , with Oliver Cromwell the de facto ruler, with the title of Lord Protector . Frustrated with its decisions, Cromwell purged and suspended Parliament on several occasions. A controversial figure notorious for his actions in Ireland , Cromwell is nonetheless regarded as essential to the growth of democracy in England. The years of the Commonwealth, coupled with

333-479: A century. This state of affairs came to an end with the Liberal Revolution of 1820 , which set in motion the introduction of a new constitution, and a permanent and proper parliament, that however inherited the name of Cortes Gerais. The zemsky sobor (Russian: зе́мский собо́р) was the first Russian parliament of the feudal Estates type, in the 16th and 17th centuries. The term roughly means assembly of

444-590: A common community, the patres from the leading clans were selected for the confederated board of elders that would become the Roman senate. Over time, the patres came to recognize the need for a single leader, and so they elected a king ( rex ), and vested in him their sovereign power. When the king died, that sovereign power naturally reverted to the patres . The senate is said to have been created by Rome's first king, Romulus , initially consisting of 100 men. The descendants of those 100 men subsequently became

555-575: A convocation sejm established an elective monarchy in the Commonwealth. After its self-proclamation as an independent kingdom in 1139 by Afonso I of Portugal (followed by the recognition by the Kingdom of León in the Treaty of Zamora of 1143), the first historically established Cortes of the Kingdom of Portugal occurred in 1211 in Coimbra by initiative of Afonso II of Portugal . These established

666-480: A critical role in the 1640 Restoration , and enjoyed a brief period of resurgence during the reign of John IV of Portugal (r.1640-1656). But by the end of the 17th century, it found itself sidelined once again. The last Cortes met in 1698, for the mere formality of confirming the appointment of Infante John (future John V of Portugal ) as the successor of Peter II of Portugal . Thereafter, Portuguese kings ruled as absolute monarchs and no Cortes were assembled for over

777-555: A fact which they exploited incessantly. Nevertheless, Parliament in Henry VIII's time offered up very little objection to the monarch's desires. Under his and Edward 's reign, the legislative body complied willingly with the majority of the kings' decisions. Much of this compliance stemmed from how the English viewed and traditionally understood authority. As Williams described it, "King and parliament were not separate entities, but

888-517: A law ( lex ) that was passed by an assembly , the law overrode the senatus consultum because the senatus consultum had its authority based on precedent and not in law. A senatus consultum , however, could serve to interpret a law. Through these decrees, the senate directed the magistrates , especially the Roman Consuls (the chief magistrates), in their prosecution of military conflicts. The senate also had an enormous degree of power over

999-473: A longer period. Senators were entitled to wear a toga with a broad purple stripe, maroon shoes, and an iron (later gold) ring. The Senate of the Roman Republic passed decrees called senatus consulta , which in form constituted "advice" from the senate to a magistrate. While these decrees did not hold legal force, they usually were obeyed in practice. If a senatus consultum conflicted with

1110-459: A magisterial office without the emperor's approval, senators usually did not vote against bills that had been presented by the emperor. If a senator disapproved of a bill, he usually showed his disapproval by not attending the senate meeting on the day that the bill was to be voted on. While the Roman assemblies continued to meet after the founding of the empire, their powers were all transferred to

1221-457: A place on either side of the chamber. Senate membership was controlled by the censors . By the time of Augustus , ownership of property worth at least one million sesterces was required for membership. The ethical requirements of senators were significant. In contrast to members of the Equestrian order , senators could not engage in banking or any form of public contract. They could not own

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1332-399: A sacrifice to the gods was made, and a search for divine omens (the auspices ) was taken. The senate was only allowed to assemble in places dedicated to the gods. Meetings usually began at dawn, and a magistrate who wished to summon the senate had to issue a compulsory order. The senate meetings were public and directed by a presiding magistrate (usually a consul ). While in session,

1443-430: A senator. Under the first method, the emperor manually granted that individual the authority to stand for election to the quaestorship, while under the second method, the emperor appointed that individual to the senate by issuing a decree. Under the empire, the power that the emperor held over the senate was absolute. The two consuls were a part of the senate, but had more power than the senators. During senate meetings,

1554-547: A ship that was large enough to participate in foreign commerce, they could not leave Italy without permission from the rest of the senate and they were not paid a salary. Election to magisterial office resulted in automatic senate membership. After the fall of the Roman Republic , the constitutional balance of power shifted from the Roman senate to the Roman Emperor . Though retaining its legal position as under

1665-638: A single body, of which the monarch was the senior partner and the Lords and the Commons the lesser, but still essential, members." Although its role in government had expanded significantly in the mid 16th century, the Parliament of England saw some of its most important gains in the 17th century. A series of conflicts between the Crown and Parliament culminated in the execution of King Charles I in 1649. For

1776-417: A vote could be held, and since all meetings had to end by nightfall, a dedicated group or even a single senator could talk a proposal to death (a filibuster or diem consumere ). When it was time to call a vote, the presiding magistrate could bring up whatever proposals he wished, and every vote was between a proposal and its negative. Despite dictators holding nominal power, the senate could veto any of

1887-709: Is considered to be the first modern parliament, was the Cortes of León , held in the Kingdom of León in 1188. According to the UNESCO , the Decreta of Leon of 1188 is the oldest documentary manifestation of the European parliamentary system. In addition, UNESCO granted the 1188 Cortes of Alfonso IX the title of "Memory of the World" and the city of Leon has been recognized as the "Cradle of Parliamentarism". The English term

1998-500: Is derived from Anglo-Norman and dates to the 14th century, coming from the 11th century Old French word parlement ' discussion, discourse ' , from parler , ' to talk ' . The meaning evolved over time, originally referring to any discussion, conversation, or negotiation through various kinds of deliberative or judicial groups, often summoned by a monarch. By the 15th century, in Britain, it had come to specifically mean

2109-490: Is due to the demise of the Parliament of Northern Ireland and the imposition of direct rule . These orders are considered to be primary legislation . Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate , making laws, and overseeing the government via hearings and inquiries. The term

2220-494: Is similar to the idea of a senate , synod or congress and is commonly used in countries that are current or former monarchies . Some contexts restrict the use of the word parliament to parliamentary systems , although it is also used to describe the legislature in some presidential systems (e.g., the Parliament of Ghana ), even where it is not in the official name . Historically, parliaments included various kinds of deliberative, consultative, and judicial assemblies. What

2331-617: The Civil War , and again at the Glorious Revolution . It also provided the country with unprecedented stability. More stability, in turn, helped assure more effective management, organisation, and efficiency. Parliament printed statutes and devised a more coherent parliamentary procedure . The rise of Parliament proved especially important in the sense that it limited the repercussions of dynastic complications that had so often plunged England into civil war. Parliament still ran

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2442-640: The Commune of Rome attempted to establish a new senate in opposition to the temporal power of the nobles and the pope ; as part of this plan, the Commune constructed a new senate house (the Palazzo Senatorio  [ it ] ) on the Capitoline Hill (apparently in the mistaken belief that this was the site of the ancient senate house). Most sources state that there were 56 senators in

2553-467: The Douro River , favoring the new royal city of Vila Nova de Gaia at the expense of the old episcopal city of Porto. The Portuguese Cortes met again under King Afonso III of Portugal in 1256, 1261 and 1273, always by royal summon. Medieval Kings of Portugal continued to rely on small assemblies of notables, and only summoned the full Cortes on extraordinary occasions. A Cortes would be called if

2664-656: The Parliament of Toulouse , the first parliament outside of Paris, whose jurisdiction extended over the most part of southern France. From 1443 until the French Revolution several other parliaments were created in some provinces of France ( Grenoble , Bordeaux ). All the parliaments could issue regulatory decrees for the application of royal edicts or of customary practices; they could also refuse to register laws that they judged contrary to fundamental law or simply as being untimely. Parliamentary power in France

2775-509: The patrician class. Rome's fifth king, Lucius Tarquinius Priscus , chose a further 100 senators. They were chosen from the minor leading families, and were accordingly called the patres minorum gentium . Rome's seventh and final king, Lucius Tarquinius Superbus , executed many of the leading men in the senate, and did not replace them, thereby diminishing their number. However, in 509 BC Rome's first and third consuls , Lucius Junius Brutus and Publius Valerius Publicola chose from amongst

2886-532: The post-classical era and Middle Ages . During the days of the Roman Kingdom , the Senate was generally little more than an advisory council to the king. However, as Rome was an electoral monarchy , the Senate also elected new Roman kings . The last king of Rome, Lucius Tarquinius Superbus , was overthrown following a coup d'état led by Lucius Junius Brutus , who founded the Roman Republic . During

2997-515: The restoration of the monarchy in 1660 and the subsequent Glorious Revolution of 1688 , helped reinforce and strengthen Parliament as an institution separate from the Crown. The Parliament of England met until it merged with the Parliament of Scotland under the Acts of Union . This union created the new Parliament of Great Britain in 1707. The Parliament of the United Kingdom followed at

3108-574: The 14th and 15th centuries, reaching their apex when John I of Portugal relied almost wholly upon the bourgeoisie for his power. For a period after the 1383–1385 Crisis, the Cortes were convened almost annually. But as time went on, they became less important. Portuguese monarchs, tapping into the riches of the Portuguese empire overseas, grew less dependent on Cortes subsidies and convened them less frequently. John II (r.1481-1495) used them to break

3219-433: The 3rd century BC the senate also played a pivotal role in cases of emergency. It could call for the appointment of a dictator (a right resting with each consul with or without the senate's involvement). However, after 202 BC, the office of dictator fell out of use (and was revived only two more times) and was replaced with the senatus consultum ultimum ("ultimate decree of the senate"), a senatorial decree that authorised

3330-415: The Cortes of Leiria of 1254 as the second sample of modern parliamentarism in the history of Europe (after the Cortes of León in 1188). In these Cortes the monetagio was introduced: a fixed sum was to be paid by the burghers to the Crown as a substitute for the septennium (the traditional revision of the face value of coinage by the Crown every seven years). These Cortes also introduced staple laws on

3441-450: The Cortes the aspect of a legislature. These petitions were originally referred to as aggravamentos (grievances) then artigos (articles) and eventually capitulos (chapters). In a Cortes-Gerais, petitions were discussed and voted upon separately by each estate and required the approval of at least two of the three estates before being passed up to the royal council. The proposal was then subject to royal veto (either accepted or rejected by

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3552-660: The Federal Assembly itself, and is often mistaken for the entirety of the parliament) comes from the Russian word думать ( dumat ), "to think". The Boyar Duma was an advisory council to the grand princes and tsars of Muscovy . The Duma was discontinued by Peter the Great , who transferred its functions to the Governing Senate in 1711. The veche was the highest legislature and judicial authority in

3663-591: The Middle Ages and equivalent of the German word Reichstag . Today the term lives on in the official names of national legislatures and other institutions in the North Germanic countries. In Yorkshire and former Danelaw areas of England, which were subject to Norse invasion and settlement, the wapentake was another name for the same institution. The Sicilian Parliament , dating to 1097, evolved as

3774-519: The Ostrogothic leader Theodahad found himself at war with Emperor Justinian I and took the senators as hostages. Several senators were executed in 552 as revenge for the death of the Ostrogothic king, Totila . After Rome was recaptured by the imperial ( Byzantine ) army, the senate was restored, but the institution (like classical Rome itself) had been mortally weakened by the long war. Many senators had been killed and many of those who had fled to

3885-555: The Roman Church as corporation of Christians, embodied by a general church council , not with the pope . In effect, the movement sought – ultimately, in vain – to create an All-Catholic Parliament. Its struggle with the Papacy had many points in common with the struggle of parliaments in specific countries against the authority of Kings and other secular rulers. Roman Senate The Roman Senate ( Latin : Senātus Rōmānus )

3996-552: The Senate had reached the apex of its republican power. The late Republic saw a decline in the Senate's power, which began following the reforms of the tribunes Tiberius and Gaius Gracchus . After the transition of the Republic into the Principate , the Senate lost much of its political power as well as its prestige. Following the constitutional reforms of Emperor Diocletian , the Senate became politically irrelevant. When

4107-459: The Senate of Constantinople was made up of all current or former holders of senior ranks and official positions, plus their descendants. At its height during the 6th and 7th centuries, the Senate represented the collective wealth and power of the Empire, on occasion nominating and dominating individual emperors. In the second half of the 10th century a new office, proedros ( Greek : πρόεδρος ),

4218-660: The Younger , mother of Nero , had been listening to Senate proceedings, concealed behind a curtain, according to Tacitus ( Annales , 13.5). After the fall of the Western Roman Empire , the senate continued to function under the Germanic chieftain Odoacer , and then under Ostrogothic rule. The authority of the senate rose considerably under barbarian leaders, who sought to protect the institution. This period

4329-622: The case of Eugenius , who was later defeated by forces loyal to Theodosius I . The senate remained the last stronghold of the traditional Roman religion in the face of the spreading Christianity, and several times attempted to facilitate the return of the Altar of Victory (first removed by Constantius II ) to the senatorial curia. According to the Historia Augusta ( Elagabalus 4.2 and 12.3) emperor Elagabalus had his mother or grandmother take part in Senate proceedings. "And Elagabalus

4440-470: The centuries before the founding of Rome in 753 BC were structured into tribal communities, and these communities often included an aristocratic board of tribal elders. The early Roman family was called a gens or "clan", and each clan was an aggregation of families under a common living male patriarch, called a pater (the Latin word for "father"). When the early Roman gentes were aggregating to form

4551-461: The city—boyars, merchants, and common citizens—then gathered at Yaroslav's Court . Separate assemblies could be held in the districts of Novgorod. In Pskov the veche assembled in the court of the Trinity cathedral . " Conciliarism " or the "conciliar movement", was a reform movement in the 14th and 15th century Roman Catholic Church which held that final authority in spiritual matters resided with

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4662-454: The civil government in Rome. This was especially the case with regard to its management of state finances, as only it could authorize the disbursal of public funds from the treasury. As the Roman Republic grew, the senate also supervised the administration of the provinces, which were governed by former consuls and praetors , in that it decided which magistrate should govern which province. Since

4773-577: The conquered territories, such as those represented by the Gulating near Bergen in western Norway: Later national diets with chambers for different estates developed, e.g. in Sweden and in Finland (which was part of Sweden until 1809), each with a House of Knights for the nobility. In both these countries, the national parliaments are now called riksdag (in Finland also eduskunta ), a word used since

4884-406: The consuls to employ any means necessary to solve the crisis. While senate meetings could take place either inside or outside the formal boundary of the city (the pomerium ), no meeting could take place more than a mile (in the Roman system of measurement, now approx. 1.48 km) outside it. The senate operated while under various religious restrictions. For example, before any meeting could begin,

4995-539: The council by general writs from the sheriffs of their counties. Modern government has its origins in the Curia Regis; parliament descends from the Great Council, later known as the parliamentum , established by Magna Carta . During the reign of King Henry III (13th century), English Parliaments included elected representatives from shires and towns. Thus these parliaments are considered forerunners of

5106-513: The country even in the absence of suitable heirs to the throne, and its legitimacy as a decision-making body reduced the royal prerogatives of kings like Henry VIII and the importance of their whims. For example, Henry VIII could not simply establish supremacy by proclamation; he required Parliament to enforce statutes and add felonies and treasons. An important liberty for Parliament was its freedom of speech; Henry allowed anything to be spoken openly within Parliament and speakers could not face arrest –

5217-502: The decline of the prestigious institution, suggesting that by this date, the senate had officially ceased to function as a body. Although the Gregorian register of 603 mentions the senate in reference to the acclamation of new statues of Emperor Phocas and Empress Leontia , scholars such as Ernst Stein and André Chastagnol have argued that this mention was likely nothing more than a ceremonial flourish. In 630, any remnants of

5328-472: The details of foreign policy. Some Muslim scholars argue that the Islamic shura (a method of taking decisions in Islamic societies) is analogous to the parliament. However, other scholars (notably from Hizb ut-Tahrir ) highlight what they consider fundamental differences between the shura system and the parliamentary system. England has long had a tradition of a body of men who would assist and advise

5439-627: The development of the Polish parliament, the Sejm , in around 1180. The term "sejm" comes from an old Polish expression denoting a meeting of the populace. The power of early sejms grew between 1146 and 1295, when the power of individual rulers waned and various councils grew stronger. Since the 14th century irregular sejms (described in various Latin sources as contentio generalis, conventio magna, conventio solemna, parlamentum, parlamentum generale, dieta ) have been convened by Poland's monarchs. From 1374,

5550-418: The dictator's decisions. At any point before a motion passed, the proposed motion could be vetoed, usually by a tribune . If there was no veto, and the matter was of minor importance, it could be put to either a voice vote or a show of hands. If there was no veto and no obvious majority, and the matter was of a significant nature, there was usually a physical division of the house, with senators voting by taking

5661-527: The early 7th century, when Rome was under the dominion of the Exarchate of Ravenna . Records that in both 578 and 580, the politically-impotent senate of Rome sent envoys to Constantinople along with pleas for help against the Lombards , who had invaded Italy ten years earlier. Later, in 593, Pope Gregory I would give a sermon in which he bemoaned the almost complete disappearance of the senatorial order and

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5772-408: The early Republic, the Senate was politically weak, while the various executive Roman magistrates who appointed the senators for life (or until expulsion by Roman censors ) were quite powerful. Since the transition from monarchy to constitutional rule was most likely gradual, it took several generations before the Senate was able to assert itself over the executive magistrates. By the middle Republic,

5883-535: The east chose to remain there, thanks to favorable legislation passed by Emperor Justinian, who, however, abolished virtually all senatorial offices in Italy. The importance of the Roman senate thus declined rapidly, and it likely ceased to function as an institution with any real legislative power shortly after this time. It is not known exactly when the Roman senate disappeared in the West, but it appears to have been in

5994-448: The ecclesiastics and the king. In 1215, they secured Magna Carta from King John of England . This established that the king may not levy or collect any taxes (except the feudal taxes to which they were hitherto accustomed), save with the consent of a council. It was also established that the most important tenants-in-chief and ecclesiastics be summoned to the council by personal writs from the sovereign, and that all others be summoned to

6105-432: The emperor sat between the two consuls, and usually acted as the presiding officer. Senators of the early empire could ask extraneous questions or request that a certain action be taken by the senate. Higher ranking senators spoke before those of lower rank, although the emperor could speak at any time. Besides the emperor, consuls and praetors could also preside over the senate. Since no senator could stand for election to

6216-494: The executive government is no longer conducted in a royal court. Most historians date the emergence of a parliament with some degree of power, to which the throne had to defer, no later than the reign of Edward I . Like previous kings, Edward called leading nobles and church leaders to discuss government matters, especially finance and taxation . A meeting in 1295 became known as the Model Parliament because it set

6327-526: The first general laws of the kingdom ( Leis Gerais do Reino ): protection of the king's property, stipulation of measures for the administration of justice and the rights of his subjects to be protected from abuses by royal officials, and confirming the clerical donations of the previous king Sancho I of Portugal . These Cortes also affirmed the validity of canon law for the Church in Portugal, while introducing

6438-465: The high nobility, but dispensed with them otherwise. Manuel I (r.1495-1521) convened them only four times in his long reign. By the time of Sebastian (r.1554–1578), the Cortes was practically an irrelevance. Curiously, the Cortes gained a new importance with the Iberian Union of 1581, finding a role as the representative of Portuguese interests to the new Habsburg monarch. The Cortes played

6549-527: The institution of the Hungarian Diet. An institutionalized Hungarian parliament emerged during the 14th and 15th centuries. Beginning under King Charles I , continuing under subsequent kings through into the reign of King Matthias I , the Diet was essentially convened by the king. However, under the rule of heavy handed kings like Louis the Great and during reign of the early absolutist Matthias Corvinus

6660-414: The king could make new laws, although he often involved both the senate and the curiate assembly (the popular assembly) in the process. When the Republic began, the Senate functioned as an advisory council. It consisted of 300–500 senators who served for life. Only patricians were members in the early period, but plebeians were also admitted before long, although they were denied the senior magistracies for

6771-503: The king had to receive permission from that assembly to raise taxes and the 1454 Nieszawa Statutes granted the szlachta (nobles) unprecedented concessions and authority. The General Sejm (Polish sejm generalny or sejm walny ), first convoked by the John I Albert in 1493 near Piotrków , evolved from earlier regional and provincial meetings called sejmiks . Simultaneously, the Senate

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6882-425: The king in its entirety) before becoming law. Nonetheless, the exact extent of Cortes power was ambiguous. Kings insisted on their ancient prerogative to promulgate laws independently of the Cortes. The compromise, in theory, was that ordinances enacted in Cortes could only be modified or repealed by Cortes. But even that principle was often circumvented or ignored in practice. The Cortes probably had their heyday in

6993-631: The king on important matters. Under the Anglo-Saxon kings, there was an advisory council, the Witenagemot . The name derives from the Old English ƿitena ȝemōt, or witena gemōt, for "meeting of wise men". The first recorded act of a witenagemot was the law code issued by King Æthelberht of Kent around 600, the earliest document which survives in sustained Old English prose; however, the Witan

7104-482: The king wanted to introduce new taxes, change some fundamental laws, announce significant shifts in foreign policy (e.g. ratify treaties), or settle matters of royal succession, issues where the cooperation and assent of the towns was thought necessary. Changing taxation (especially requesting war subsidies), was probably the most frequent reason for convening the Cortes. As the nobles and clergy were largely tax-exempt, setting taxation involved intensive negotiations between

7215-600: The king, along with ecclesiastics . William brought to England the feudal system of his native Normandy , and sought the advice of the Curia Regis before making laws. This is the original body from which the Parliament, the higher courts of law, and the Privy Council and Cabinet descend. Of these, the legislature is formally the High Court of Parliament; judges sit in the Supreme Court of Judicature . Only

7326-608: The land. It could be summoned either by tsar , or patriarch , or the Boyar Duma . Three categories of population, comparable to the Estates-General of France but with the numbering of the first two Estates reversed, participated in the assembly: The name of the parliament of nowadays Russian Federation is the Federal Assembly of Russia . The term for its lower house, State Duma (which is better known than

7437-401: The leading equites new men for the senate, these being called conscripti , and thus increased the size of the senate to 300. The senate of the Roman Kingdom held three principal responsibilities: It functioned as the ultimate repository for the executive power, it served as the king's council, and it functioned as a legislative body in concert with the people of Rome . During the years of

7548-529: The legislature of the Kingdom of Sicily . The Diet of Hungary, or originally Parlamentum Publicum and Parlamentum Generale ( Hungarian : Országgyűlés ), became the supreme legislative institution in the medieval kingdom of Hungary from the 1290s, and in its successor states, Royal Hungary and the Habsburg kingdom of Hungary throughout the Early Modern period . The name of the legislative body

7659-434: The legislature. Since ancient times, when societies were tribal, there were councils or a headman whose decisions were assessed by village elders. This is called tribalism . Some scholars suggest that in ancient Mesopotamia there was a primitive democratic government where the kings were assessed by council. The same has been said about ancient India, where some form of deliberative assemblies existed, and therefore there

7770-512: The modern parliament. In 1265, Simon de Montfort , then in rebellion against Henry III, summoned a parliament of his supporters without royal authorisation. The archbishops , bishops , abbots , earls , and barons were summoned, as were two knights from each shire and two burgesses from each borough . Knights had been summoned to previous councils, but it was unprecedented for the boroughs to be represented. In 1295, Edward I adopted De Montfort's ideas for representation and election in

7881-408: The monarch still possessed a form of inarguable dominion over its decisions. According to Elton, it was Thomas Cromwell , 1st Earl of Essex, then chief minister to Henry VIII, who initiated still other changes within parliament. The Acts of Supremacy established the monarch as head of the Church of England. The power of Parliament, in its relationship with the monarch, increased considerably after

7992-464: The monarchy, the senate's most important function was to elect new kings. While the king was nominally elected by the people, it was actually the senate who chose each new king. The period between the death of one king and the election of a new king was called the interregnum , during which time the Interrex nominated a candidate to replace the king. After the senate gave its initial approval to

8103-456: The nominee, he was then formally elected by the people, and then received the senate's final approval. At least one king, Servius Tullius , was elected by the senate alone, and not by the people. The senate's most significant task, outside regal elections, was to function as the king's council, and while the king could ignore any advice it offered, its growing prestige helped make the advice that it offered increasingly difficult to ignore. Only

8214-411: The old and new classes of royal servants (servientes regis) against both the crown and the magnates, and to defend the rights of the whole nation against the crown by restricting the powers of the latter in certain fields and legalizing refusal to obey its unlawful/unconstitutional commands (the " ius resistendi "). The lesser nobles also began to present Andrew with grievances, a practice that evolved into

8325-824: The papacy and the Holy Roman Emperor during the second half of the twelfth century. From 1192 onward, the popes succeeded in reducing the 56-strong senate down to a single individual, styled Summus Senator , who subsequently became the head of the civil government of Rome under the pope's aegis. Although the 56-member senate would be restored soon thereafter in 1197, the institution would come to be composed largely of nobles. The senate continued to exist in Constantinople, although it evolved into an institution that differed in some fundamental forms from its predecessor. Designated in Greek as synkletos , or assembly,

8436-583: The parliaments were often convened to announce the royal decisions, and had no significant power of its own. Since the reign of the Jagiellonian dynasty, the parliament has regained most of its former power. According to the Chronicles of Gallus Anonymus , the first legendary Polish ruler, Siemowit , who began the Piast dynasty , was chosen by an ancient wiec council. The idea of the wiec led to

8547-556: The pattern for later Parliaments. The significant difference between the Model Parliament and the earlier Curia Regis was the addition of the Commons: that is, the inclusion of elected representatives of rural landowners and of townsmen. In 1307, Edward agreed not to collect certain taxes without the "consent of the realm" through parliament. He also enlarged the court system. The tenants-in-chief often struggled for power with

8658-464: The prohibition of the purchase of lands by churches or monasteries (although they can be acquired by donations and legacies). After the conquest of Algarve in 1249, the Kingdom of Portugal completed its Reconquista . In 1254 King Afonso III of Portugal summoned Portuguese Cortes in Leiria , with the inclusion of burghers from old and newly incorporated municipalities. This inclusion establishes

8769-548: The reconquest of Italy by Justinian I but the Western Senate ultimately disappeared after 603, the date of its last recorded public act. Some Roman aristocrats in the Middle Ages bore the title senator , but it was by this point a purely honorific title and does not reflect the continued existence of the classical Senate. The Eastern Senate survived in Constantinople through the 14th century. The Roman Senate

8880-519: The reigns of King Ladislaus I and King Coloman "the Learned", assemblies were held on a national scale where both ecclesiastic and secular dignitaries made appearances. The first exact written mention of the word "parlamentum" (Parliament) for the nation-wide assembly originated during the reign of King Andrew II in the Golden Bull of 1222 , which reaffirmed the rights of the smaller nobles of

8991-520: The republic of Novgorod until 1478. In its sister state, Pskov , a separate veche operated until 1510. Since the Novgorod revolution of 1137 ousted the ruling grand prince , the veche became the supreme state authority. After the reforms of 1410, the veche was restructured on a model similar to that of Venice , becoming the Commons chamber of the parliament. An upper Senate -like Council of Lords

9102-415: The republic, in practice the actual authority of the imperial senate was negligible, and the emperor held the true power in the state. As such, membership in the senate came to be sought after by individuals seeking prestige and social standing, rather than actual authority. During the reigns of the first emperors, legislative, judicial, and electoral powers were all transferred from the Roman assemblies to

9213-406: The revived senate, and modern historians have therefore interpreted this to indicate that there were four senators for each of the fourteen regiones of Rome . These senators elected as their leader Giordano Pierleoni , son of the Roman consul Pier Leoni , with the title patrician , since the term consul had been deprecated as a noble styling. The Commune came under constant pressure from

9324-497: The royal council and the burgher delegates at the Cortes. Delegates ( procuradores ) not only considered the king's proposals, but, in turn, also used the Cortes to submit petitions of their own to the royal council on a myriad of matters, e.g. extending and confirming town privileges, punishing abuses of officials, introducing new price controls, constraints on Jews , pledges on coinage, etc. The royal response to these petitions became enshrined as ordinances and statutes, thus giving

9435-563: The seat of government was transferred out of Rome, the Senate was reduced to a purely municipal body. That decline in status was reinforced when Constantine the Great created an additional senate in Constantinople . After Romulus Augustulus was deposed in 476, the Senate in the Western Empire functioned under the rule of Odoacer (476–489) and during Ostrogothic rule (489–535). It was restored to its official status after

9546-477: The senate elected new magistrates, the approval of the emperor was always needed before an election could be finalized. Around 300 AD, the emperor Diocletian enacted a series of constitutional reforms. In one such reform, he asserted the right of the emperor to take power without the theoretical consent of the senate, thus depriving the senate of its status as the ultimate repository of supreme power. Diocletian's reforms also ended whatever illusion had remained that

9657-432: The senate had independent legislative, judicial, or electoral powers. The senate did, however, retain its legislative powers over public games in Rome, and over the senatorial order. The senate also retained the power to try treason cases, and to elect some magistrates, but only with the permission of the emperor. In the final years of the western empire, the senate would sometimes try to appoint their own emperor, such as in

9768-416: The senate had the power to act on its own, and even against the will of the presiding magistrate if it wished. The presiding magistrate began each meeting with a speech, then referred an issue to the senators, who would discuss it in order of seniority. Senators had several other ways in which they could influence (or frustrate) a presiding magistrate. For example, every senator was permitted to speak before

9879-430: The senate now held jurisdiction over criminal trials. In these cases, a consul presided, the senators constituted the jury, and the verdict was handed down in the form of a decree ( senatus consultum ), and, while a verdict could not be appealed, the emperor could pardon a convicted individual through a veto. The emperor Tiberius transferred all electoral powers from the assemblies to the senate, and, while theoretically

9990-460: The senate were swept away when the Curia Julia was converted into a church ( Sant'Adriano al Foro ) by Pope Honorius I . Subsequently, the word "senate" was used by the nobility of Rome to describe themselves as a collective class. This usage was not intended to link them institutionally with the ancient senate, but rather continued the long-standing Roman tradition that the city's nobility

10101-415: The senate, and so senatorial decrees ( senatus consulta ) acquired the full force of law. The legislative powers of the imperial senate were principally of a financial and an administrative nature, although the senate did retain a range of powers over the provinces. During the early Roman Empire, all judicial powers that had been held by the Roman assemblies were also transferred to the senate. For example,

10212-410: The senate. However, since the emperor held control over the senate, the senate acted as a vehicle through which he exercised his autocratic powers. The first emperor, Augustus , reduced the size of the senate from 900 members to 600, even though there were only about 100 to 200 active senators at one time. After this point, the size of the senate was never again drastically altered. Under the empire, as

10323-471: The so-called " Model Parliament ". At first, each estate debated independently; by the reign of Edward III , however, Parliament had grown closer to its modern form, with the legislative body having two separate chambers. The purpose and structure of Parliament in Tudor England underwent a significant transformation under the reign of Henry VIII . Originally its methods were primarily medieval, and

10434-522: The thing was often also the place for public religious rites and for commerce. The thing met at regular intervals, legislated, elected chieftains and kings , and judged according to the law, which was memorised and recited by the " law speaker " (the judge). The Icelandic, Faroese and Manx parliaments trace their origins back to the Viking expansion originating from the petty kingdoms of Norway as well as Denmark, replicating Viking government systems in

10545-648: The union with Ireland. Originally, there was only the Parlement of Paris , born out of the Curia Regis in 1307, and located inside the medieval royal palace, now the Paris Hall of Justice . The jurisdiction of the Parliament of Paris covered the entire kingdom. In the thirteenth century, judicial functions were added. In 1443, following the turmoil of the Hundred Years' War , King Charles VII of France granted Languedoc its own parliament by establishing

10656-596: The unity of the nation and the state. The general parliament of the Polish–Lithuanian Commonwealth consisted of three estates – the King of Poland, the Senate (consisting of Ministers, Palatines, Castellans and Roman Catholic Bishops) and the Chamber of Envoys comprising 170 nobles acting on behalf of their holdings as well as representatives of major cities, who did not possess any voting privileges. In 1573,

10767-456: Was also created, with title membership for all former city magistrates. Some sources indicate that veche membership may have become full-time, and parliament deputies were now called vechniks . It is recounted that the Novgorod assembly could be summoned by anyone who rung the veche bell , although it is more likely that the common procedure was more complex. This bell was a symbol of republican sovereignty and independence. The whole population of

10878-615: Was certainly in existence long before then. The Witan, along with the folkmoots (local assemblies), is an important ancestor of the modern English parliament. As part of the Norman Conquest , the new king, William I , did away with the Witenagemot, replacing it with a Curia Regis ("King's Council"). Membership of the Curia was largely restricted to the tenants-in-chief , the few nobles who "rented" great estates directly from

10989-520: Was characterized by the rise of prominent Roman senatorial families, such as the Anicii , while the senate's leader, the princeps senatus , often served as the right hand of the barbarian leader. It is known that the senate successfully installed Laurentius as pope in 498, despite the fact that both King Theodoric and Emperor Anastasius supported the other candidate, Symmachus . The peaceful coexistence of senatorial and barbarian rule continued until

11100-583: Was created as head of the senate by Emperor Nicephorus Phocas . Up to the mid-11th century, only eunuchs could become proedros, but later this restriction was lifted and several proedri could be appointed, of which the senior proedrus, or protoproedrus ( Greek : πρωτοπρόεδρος ), served as the head of the senate. There were two types of meetings practised: silentium , in which only magistrates currently in office participated and conventus , in which all syncletics ( Greek : συγκλητικοί , senators) could participate. The Senate in Constantinople existed until at least

11211-488: Was equated to its senate. Occasionally in the Early Middle Ages , the title "senator" was used by those in positions of power—for instance, it was held by Crescentius the Younger (d. 998) and, in its feminine form ( senatrix ), by Marozia (d. 937)—but it appears to have been regarded at that time as simply a title of nobility. Usage of the "senator" title in a more traditional sense was revived in 1144, when

11322-553: Was founded on the earlier curia regis , convened at the king's discretion. Hence, the year 1493 marked the beginning of a bicameral legislative body of government . With the subsequent development of Polish Golden Liberty in the next several decades, the Sejm's powers systematically increased. Poland was among the few countries in Europe where the parliament played an especially important role in its national identity as it contributed to

11433-443: Was not representative, but rather direct, and therefore the ekklesia was different from the parliamentary system. The Roman Republic had legislative assemblies , who had the final say regarding the election of magistrates, the enactment of new statutes , the carrying out of capital punishment, the declaration of war and peace, and the creation (or dissolution) of alliances. The Roman Senate controlled money, administration, and

11544-467: Was not the ancestor or predecessor of modern parliamentarism and senates of our time in any sense, because the Roman senate was not a de jure legislative body. The senate was a political institution in the ancient Roman Kingdom . The word senate derives from the Latin word senex , which means "old man"; the word thus means "assembly of elders". The prehistoric Indo-Europeans who settled Italy in

11655-550: Was originally "Parlamentum" during the Middle Ages, the "Diet" expression gained mostly in the Early Modern period. It convened at regular intervals with interruptions during the period of 1527 to 1918, and again until 1946. Some researchers have traced the roots of the Hungarian institution of national assemblies as far back as the 11th century. This based on documentary evidence that, on certain "important occasions" under

11766-405: Was some form of democracy . However, these claims are not accepted by other scholars, who see these forms of government as oligarchies . Ancient Athens was the cradle of democracy . The Athenian assembly ( ἐκκλησία , ekklesia ) was the most important institution, and every free male citizen could take part in the discussions. Slaves and women could not. However, Athenian democracy

11877-497: Was suppressed more so than in England as a result of absolutism , and parliaments were eventually overshadowed by the larger Estates General , up until the French Revolution , when the last Estates General transformed itself into a National Assembly , a legislative body whose existence is independent of the royal power. A thing or ting ( Old Norse and Icelandic : þing ; other modern Scandinavian : ting , ding in Dutch )

11988-429: Was the case during the late republic, one could become a senator by being elected quaestor (a magistrate with financial duties), but only if one were already of senatorial rank. In addition to quaestors, elected officials holding a range of senior positions were routinely granted senatorial rank by virtue of the offices that they held. If an individual was not of senatorial rank, there were two ways for him to become

12099-517: Was the governing assembly in Germanic societies, made up of the free men of the community and presided by lawspeakers . The thing was the assembly of the free men of a country, province or a hundred (hundare/härad/herred) . There were consequently, hierarchies of things, so that the local things were represented at the thing for a larger area, for a province or land. At the thing, disputes were solved and political decisions were made. The place for

12210-675: Was the highest and constituting assembly of ancient Rome and its aristocracy . With different powers throughout its existence it lasted from the first days of the city of Rome (traditionally founded in 753 BC) as the Senate of the Roman Kingdom , to the Senate of the Roman Republic and Senate of the Roman Empire and eventually the Byzantine Senate of the Eastern Roman Empire , existing well into

12321-440: Was the only one of all the emperors under whom a woman attended the senate like a man, just as though she belonged to the senatorial order" (David Magie's translation). According to the same work, Elagabalus also established a women's senate called the senaculum , which enacted rules to be applied to matrons regarding clothing, chariot riding, the wearing of jewelry, etc. ( Elagabalus 4.3 and Aurelian 49.6). Before this, Agrippina

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