13世纪英格兰“规训特权”运动探究

A Study of the Quo Warranto Campaign in England in the 13^(th) Century

《大宪章》以限制王权著称,但是贵族权力要不要同样受到约束?13世纪下半叶,面对贵族滥用特权的混乱局面,爱德华一世为规范贵族权力,主导了一场持续20年的“规训特权”运动;贵族一方则利用抵抗权维护自身利益。通过分析爱德华一世时期特权诉讼档案,可以看出,王权与贵族的较量在普通法平台上以诉讼形式展开,二者之间的博弈与妥协贯穿于特权调查运动中。这一过程进一步界定和规范了二者的权利关系,强化了王权与贵族相互制衡的机制。“规训特权”显示了法律至上的原则,推动了英格兰政治运作的法治化。

Magna Carta was famous for restricting kingship. Should aristocratic power be subject to the same constraints? In the second half of the 13^(th) century, facing the aristocratic abuse of prerogatives, Edward I led the Quo Warranto Campaign for nearly 20 years in order to regulate the prerogative of the aristocracy;aristocrats used the right of resistance to safeguard their own interests. By analyzing the lawsuit documents of Edward I, we can see that the confrontation between the King and aristocrats was mainly carried out in the form of litigation under the common law system. Game and compromise between them run through the Quo Warranto Campaign. This process further defined and standardized the relationship of rights between the king and aristocrats, strengthened the check-and-balance system between them. The Quo Warranto Campaign highlighted the doctrine of supremacy of law, and promoted the legalization of political operation in England.