«Дело Эшби» и границы контрреволюционности английского парламента по итогам Славной революции

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Abstract

The article deals with the famous case “Ashby v. white” in the beginning of the XVIII century, which almost four years engendered a fundamental constitutional controversy between the houses of the English Parliament. Started as a private trial initiated by Ashby to defend his right to vote, breaking by Constable White in the borough of Ailesbury, the case escalated into a dispute over the limits of the House of Commons’ privilege to control the electoral processes and became part of the problem of interpretation of the legal consequences of the Glorious Revolution aimed at limiting the prerogatives of the king and increasing the privileges of Parliament. The author examines all stages of the case, from the county’s Assizes to the appeal in the House of Lords. The author pays special attention to the position of the Lord Chief Justice Holt, whose dissenting opinion in the Court of King’s Bench became the basis for opposing the claims of the House of Commons and protecting the jurisdiction of the common law. The article shows that the “Ashby case” marked the new boundaries of the privilege of the houses of Parliament, not allowing their claims to go beyond the revolutionary settlement and become as counter-revolutionary essence as the previously overthrown absolutism of the Stuarts. It was not possible to define clearly the role of the chambers of Parliament. The “Ashby case” only started the legal formation of power’s limit of the chambers of Parliament, becoming an important precedent, but not a solution of the problem of the prerogative of the lower house during the “Rage of Party” period.
Original languageRussian
Pages (from-to)30-42
JournalТРУДЫ КАФЕДРЫ ИСТОРИИ НОВОГО И НОВЕЙШЕГО ВРЕМЕНИ
Issue number19-2
Publication statusPublished - 2019

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