The Formation of Constitutional System and the Rise of Modern Britain

Author: Wei Jianguo
Publisher:
Publish Date: 2006-12-01
Features:
1. The Significance of the Formation of Modern British Constitutionalism
The rise and strength of modern Britain have been driven by multiple factors, among which the formation and perfection of a constitutional system that adapts to the needs of a market economy are undoubtedly its most important structural and institutional support. As the first three-power separation constitutional state in the world, modern Britain should be regarded as the greatest institutional innovation contributed by Britain to modern world politics. Through constitutional innovation, modern Britain led the trend of the times and rapidly rose to become a major European power and even a world power. From the history of Europe, when Britain rose, its population was no more than 20 million. First, Britain defeated the Spanish "Invincible Fleet" in 1588 and then defeated the "Merry Mercantilists" Holland, ultimately becoming a world hegemon in the late 18th century in the Seven Years' War. Moreover, as the constitutional system was perfected, the market economy system in Britain gradually matured, the Industrial Revolution first occurred in Britain, and new technologies began to emerge continuously. In 1765, Watt improved the steam engine; in 1768, Arkwright invented the water-powered loom; in 1779, Clapton invented the mule; in 1784, Cartwright invented the power loom, and so on. At the same time, Adam Smith's "The Wealth of Nations," which represents the theory of economic free trade and mature market economy, was published in 1776. The hundreds of years of prosperity in British history fully prove the dynamic role of constitutionalism in economic and social development. It can be said that the constitutional path taken by Britain was successful, its experience was valuable, and its impact on later generations was immense. Studying the formation and development of the British constitutional system can better understand the rise of modern Britain and help provide clues to grasp the essence. In terms of its profound significance, the formation and perfection of the modern British constitutional system were not only national but also global. Almost all constitutional states since modern times have followed the British constitutional system on the path to constitutionalism. The relationship between constitutionalism and the market economy is undoubtedly a key issue of concern in China's theoretical circles today, and there are indeed some regular connections between the two. China's constitutional process has been hindered for a hundred years, and the fundamental reason lies in the lack of a market economy, the lack of an effective balance and mutual respect between individual rights and state power. Fortunately, after more than two decades of reform and opening-up, the establishment and advancement of the market economy, and the fundamental changes in China's social interest structure, private property rights have been enshrined, and a diversified interest structure has basically formed, thus providing an unprecedented structural foundation and background for the formation and development of constitutionalism in our country. Of course, the realization of constitutionalism in China also depends on our rational consciousness. This requires strengthening research on the generation of Western constitutionalism to enrich our understanding of constitutionalism. In fact, the understanding and awareness of constitutionalism itself is an important part of our constitutional construction. A historical examination of the formation and development of the modern British constitutional system can provide some references and examples for us to understand and grasp the mechanisms of institutional change and evolution during periods of social transformation. While emphasizing the diversity of modernization in different countries and the uniqueness of ethnic development, we should not ignore the universality and general laws contained within modernization. Although the political and economic systems, historical and cultural traditions of countries around the world vary, as long as they adopt the organizational form of nation-states, pursue interest-oriented market economies, and adopt formal-rational, non-personalized bureaucratic management systems, then governance will inevitably choose rule of law and constitutionalism. In contemporary China, with the establishment of the market economy system, constitutional and constitutional issues have increasingly become focal points in the political sphere and even in the entire society, and have been clearly reflected in the ongoing political reform of governing the country according to law. It must be admitted that modern political systems are directly linked to constitutionalism and constitutionalism, and therefore, to some extent, China's political reform issues are constitutional issues. For this reason, tracing the roots of constitutionalism is necessary to provide certain knowledge and theoretical reserves for our constitutional development. Britain is the "motherland" of constitutionalism, and naturally becomes an important part that cannot be avoided or bypassed in constitutional research. A historical examination and reflection on the motivations, processes, and characteristics of the formation and development of modern British constitutionalism, and elevating it to a law-based understanding, hold important theoretical significance and practical value for China, which is vigorously developing the market economy and moving towards constitutionalism. Of course, what we seek more is experience rather than models, inspiration rather than patterns from the formation and development of modern British constitutionalism.
2. The Characteristics of the Formation of Modern British Constitutionalism
For a long time, the formation and development of the British constitutional system have been a field of research that Chinese and Western academia has been eager to explore. However, due to the continuous nature of British constitutional development, its formation and development bear more traditional traces. Therefore, there is some ambiguity in understanding the connection and difference between medieval British constitutionalism and modern constitutionalism, and medieval British constitutionalism is often equated with modern British constitutionalism. In fact, since the 17th century, there have been significant differences between the modern British constitutional system and its values and the medieval constitutional system and its values. Hobbes-Bawm, for example, emphasized: "This avoidance of violent confrontation and this preference for putting new labels on old bottles should not be confused with stagnation." The development of British constitutionalism from the Middle Ages to modern times can be divided into two inseparable stages: first, the medieval mixed system of feudal hierarchy, and then, through the modern constitutional revolution, the establishment of a mature and stable bourgeois three-power separation system. Starting from the medieval "Magna Carta," due to the opposition and conflict between feudal local nobles, cities, and the monarchy, the British constitutional tradition was created under the feudal system, establishing a feudal mixed system. With the development of modern capitalist commodity and currency economy, the strength of the bourgeoisie increased, and social conflicts gradually transformed into conflicts between local nobles, the king, and the bourgeoisie. Feudalism was not conducive to the development of centralized states, while the healthy development of commodity and currency economy depended on the protection of a large centralized state. Protection by a large centralized state could accelerate the speed of resource transactions, reduce transaction costs, and improve transaction efficiency. At the same time, the paradox of the state was also raised: having a strong but limited government became a necessary requirement for economic development. If the state was too weak to guarantee the implementation of contracts and the safety of property rights, the level of exchange and commodity and currency economic development would be very limited. However, with the enhancement of state power, a problem arose: although a strong government could protect property rights, it could also threaten contracts and property rights due to the power of the state. Therefore, the development of the free market system must be accompanied by the establishment of systems to restrict government behavior. An absolutist state could only respect and guarantee property rights morally but could not do so effectively in terms of institutions. In the 17th century, Britain was the first to establish a three-power separation constitutional system, beginning to use the means of division to solve the "essential dilemma" of the state's role. At this time, the social class color of division gradually faded, and the functional color gradually strengthened. After the "Glorious Revolution" of 1688, the establishment of parliamentary supremacy and the judicial independence of the common courts restricted the arbitrary infringement of private property rights by the monarchy and ensured the existence of checks and balances within the state system, so that the state could actively and effectively fulfill its role while not abusing its power. Constitutionalism does not negate public power but only limits it. Through the establishment and perfection of the three-power separation constitutional system, modern Britain formed a powerful but limited government and provided the key foundation of property rights protection for the Industrial Revolution of 1780. It can be said that modern Britain rose with the protection of private property rights.
3. Methods for Studying the Formation of Modern British Constitutionalism
Currently, in the field of constitutional studies, there are theoretical divisions in various aspects, such as metaphysics and realism, a priori and empiricism, natural law and legal positivism, and a focus on subjective and objective aspects, leading to different definitions of constitutionalism. The definitions of constitutionalism in the field of constitutional studies are complex and varied, with the root cause being the lack of a unified discourse background for understanding constitutionalism. As a result, constitutionalism presents different meanings in different contexts, causing confusion in the use of the concept of constitutionalism, and even in the same article, constitutionalism has different implications in different contexts. In fact, this is partly a product of studying constitutionalism without considering its historical context: people are accustomed to viewing the history of constitutional development as having only subordinate and secondary significance, or even believing that constitutionalism can be studied and understood without its history. As a result, the study of constitutionalism has more deductive and analytical methods than descriptive methods. Most deductive and analytical methods establish the formation of constitutionalism on the basis of logical deduction, but due to the lack of historical evidence, their conclusions are inevitably lacking in the vividness of facts and the depth of history, and may even lead to conclusions that lack foundation. In fact, the formation, development, and transformation of constitutionalism are intrinsically related to social life and social development, and we should not study it in isolation from its social foundation. If we leave out the background conditions in which constitutionalism exists and changes, we cannot understand its development and the changes in its values. Because, explaining constitutionalism with its "definition" only answers the question "what is constitutionalism," but cannot answer the question "how did constitutionalism come about." In fact, it is more important to understand how constitutionalism came about than to clarify its definition. Therefore, studying the formation of modern British constitutionalism cannot be separated from historical methods and historical perspectives, requiring the introduction of historical methods and adherence to the position of historical materialism. For the study of British constitutionalism, introducing interdisciplinary research that intersects history and law is also feasible. History and law are merely artificial disciplinary divisions for the convenience of research, and their separation is not absolute. Because, whether it is history or law, they are both facing the same reality and history of human society, and the only difference between them is the focus of research, research methods, and theories used. Therefore, it is normal for research fields to intersect or overlap. Moreover, the interdisciplinary research method helps to expand our research fields and perspectives. Through the logical of historical genealogy, it can guide us to go beyond superficial appearances and enter deeper into the generative mechanisms. As a process description, history itself is a method and is a basic theoretical quality for legal scholars. As German legal scholar Savigny emphasized, "Legal scholars must possess two indispensable qualities: historical literacy to firmly grasp the characteristics of every era and every legal form; and systematic vision, to examine every concept and rule in close connection with the whole, that is, in its true and natural relationship." Due to the lack of historical background and perspective, the study of British constitutionalism for a long time has been more about horizontal expansion and less about in-depth excavation; it has been more about the surface and has always been suspended on the peaks and troughs of the waves. But without knowing what forces are surging in the deep waters of the constitutional river to form the visible peaks on the surface, we cannot understand the true historical process of the development of modern British constitutionalism. Through in-depth historical description, we can restore the true historical face of the formation of modern British constitutionalism since then, help us more accurately understand the real historical process of its development, and abstract the internal laws of its formation and development. The internal laws of the formation and development of constitutionalism are not outside history but within history. Without in-depth and development of constitutional history research, constitutional theory research also loses its basis and support. Currently, the reason why British constitutional theory has not made significant progress is partly due to the lag in British constitutional history research. It can be said that without a descriptive constitutional history that truly matches historical development, there can be no real analytical constitutional theory, let alone high-level constitutional theory. Because, "knowing why" is built on "knowing what." Therefore, it is necessary to establish a good interactive relationship between constitutional history and constitutional theory, only by closely combining historical narration with theoretical research can we achieve true and profound views. A convincing British constitutional theory can only be based on direct and continuous reflection on British constitutional history.