查理一世之死与英国宪政体制的确立

The Death of Charles I and the Establishment of Constitutional System in Great Britain

尽管1351年的《叛国法案》有把国王推上审判席是叛国行为的规定,但英国的普通法传统同样为审判和处死查理一世准备了坚实的基础。资产阶级革命力量对"王在法下"、"议会至上"原则的坚定信念以及反对暴政的决心成就了这一最"革命"的行动。经过"光荣革命"的"反革命",英国用宪政框架吸纳革命原则,成就了代表资本主义发展方向的近代宪政体制。正是审判和处死查理一世坚定了资产阶级冲破旧制度障碍的决心,也以一种强大的震慑力粉碎了绝对主义专制王权复活的可能性,才迫使王权低头接受限制,资产阶级与王权之间才得以达成王权接受限制的持续妥协。

According to the Treason Act in 1351, it was a guilty of treason to put the king on trial. In spite of that, the tradition kept in British common law had prepared a solid foundation for bringing Charles I to trial and senten- cing him to death. The revolutionary forces of capitalist class had a full conviction on the principle of＂king under the law＂ and ＂Supreme power of Parliament＂. In addition, the class were determined to be against the tyranny, which made the most ＂revolutionary＂ action to be successful. Due to ＂Glorious Revolution impact＂ on the ＂count- er-revolutionary＂, revolutionary principle had been accepted by British constitutional system,modem constitutional system which represented the developing direction of capitalism had been built. It is the trial and death sentence for Charles I that induced the capitalist class to make a firm determination to shake off the bonds of old institution. It＇s also formed a strong power to triumph over the absolutist dictatorship monarchical power, and made it impossible to reflourish. In this way,the king was forced to be knocked down and his power had been limited, thus the capitalist class kept compromise with the king on the premise of limited kingship .