论柯克的人身权利观念

On Coke's Concept of the Personal Rights

柯克的人身权利观念主要是指自由臣民的人身权利受到普通法和《大宪章》以及议会法令的保护,包括国王在内的任何人不得侵犯等内容。柯克的人身权利观念根源于普通法和《大宪章》。詹姆斯一世和查理一世在位期间皆信奉君权神授思想,试图推行异于英国传统的专制统治。柯克秉持普通法和英国的法治传统,依据既有的议会法令对王权的膨胀进行了持续的抗争。最终,柯克起草并推动议会通过了《权利请愿书》,否定了国王侵犯臣民人身权利的合法性,为保障臣民的人身权利提供了法律基础。柯克的人身权利观念和《权利请愿书》成为推动英国宪政与现代法治社会形成的源头活水。

Coke＇s concept of the personal rights mainly contains that the personal rights of the free subjects were protected by the common law and Magna Carta, anyone including the king couldn＇t infringe. Coke＇s concept of the personal rights was rooted in the common law, and Magna Carta. James I and Charles I both believed in the theory of divine right of kings. They tried to implement the despotism which was different from the British tradition. Upholding the common law, the tradition of ruling of law and the statutes Coke had a long - term struggle against the expansion of the kingship. Finally Coke drafted and promoted The Petition of Right in the Parliament. It denied the legitimacy of the king＇s actions of infringing the personal rights. The Petition of Right also provided a legal foundation for protecting the personal rights of the subjects. Coke＇s concept of the personal rights and The Petition of Right became to be a spring of the formation of constitutional government and modern society of ruling of law.