Teaching guide 8 (2016)Ejercicio Inglés
Vista previa del texto
Teaching guide 8.
Teaching guide 8: Historic models of integration or how to get together in the Western constitutional tradition.
A. Multiple choice.
1.- b) Had important consequences in the legal field as it favoured the creation of a common legal system in Europe.
2.- e) Switzerland.
3.- d) The Holy Roman Empire.
4.- d) The Duchy of Milan.
5.- b) Jaime I.
6.- c) Philip II.
7.- a) Navarre.
8.- d) 16th century.
9.- e) 17th century.
10.- c) 122.
11.- c) Four.
12.- b) Three.
13.- b) Schwyz, c) Unterwalden, and e) Uri.
14.- b) 13th century.
15.- c) 26 cantons.
16.- a) Vaud.
17.- d) Marignano.
18.- c) Three.
19.- a) 20000.
20.- d) 1971.
B. Concrete questions.
1.- Universalism was important in Ancien Regime’s Europe because thanks to it in Europe was developed a common law, called ius commune, which was based on roman, canon, and feudal law, and which was studied in the different European universities, attended by students and staffed by professors from across the Continent, in the common language of the time: Latin.
Teaching guide 8.
2.- The consequences of the Treaty of Westphalia were, first of all, that henceforward Europe became a set of competing states seeking to establish their ascendancy, leading to a series of wars between them; and, secondly, the institution of the state developed while transforming Western public law through time.
3.- Lutheranism was an obstacle to Universalism as it promoted a separation from the Catholic Church, which was one of the main pillars of Universalism, along with the figure of the emperor. So Lutheranism posed a threat to Universalism, as it defied the supreme character of the Catholic faith, which at that time was considered to be universal.
4.- The consequence of imperialists ideas in European History from 1850 to 1914 were several wars confronting the European states. However, its peak, reaching world’s scale, would be the First World War, in which 32 states fought an unprecedented war leaving millions of people dead and injured, and which would have its second phase in 1939, with the beginning of the Second World War.
5.- The Catholic Kings did not unify Spain, as at first the kingdom was organized following the Crown of Aragon’s composite model. The integration of all the kingdoms into one single entity, nowadays Spain, would not come until 1712, when Philip V convoked the Assembly of Estates, representing Castilian and Bourbon Spain. However, even at this point, Navarre and the Basque Country enjoyed special constitutional arrangements.
6.- Thomas Noël Bisson said that because the model of the Crown of Aragon, a composite one, was applied at first to the Catholic Monarchy of Spain, thus paving the way for the correct integration of all the territories into a single unity step by step, and giving some room to those more special territories. Also, it can be seen as a precursor of nowadays’ Autonomies State.
7.- The advice Count-Duke of Olivares gave to Philip IV of Spain in 1624 was to work towards a unified Spain, bringing all the kingdoms that made it up into line with the style and laws of Castile, thus gathering the whole power over his territory and becoming the most powerful prince of his time.
8.- The Spanish Monarchy is called Catholic, as it was the tile given to it by Pope Alexander VI in order to offset the bestowal of the title of “Most Christian Majesty” on the Kings of France. In fact, the tile has endured throughout time, even until our times, with King Don Juan Carlos I also bearing the title of “Catholic Majesty”.
9.- The Spanish kings decided to “Castillianize” the Spanish Catholic Monarchy because under Aragon’s model, the decision-making process was so ineffective and time-consuming, that something had to be done. So they decided to adopt Castile’s model, which was an absolute state in which the king exercised undisputed power.
10.- The Spanish State was fully unified at the end of the Carlist Wars, between 1839 and 1876, when finally Navarre and the Basque Country lost the special constitutional arrangements they had vis-à-vis the Spanish Monarchy.
11.- The main difference between a Federal State and the Autonomous Communities system created in Spain in 1978 is that in the Federal State, each state enjoys more margin of action and autonomy, having more competences upon which to decide. However, they function more or less in the same way, as they have the same institutions, although with different names (for instance, Governor in the Federal State and President of the Autonomous Community in the Autonomous system).
Teaching guide 8.
12.- The European Union has limited the power of the Spanish Autonomous Communities as it is requiring each community to control the amount of public expenditure, asking them not to spend so much, while previously they enjoyed more freedom regarding this issue.
13.- Scotland joined the Kingdom of England because the Scottish King, James VI of Scotland, became the King of England in 1603, when Elizabeth I died without leaving an heir, and thus uniting both kingdoms under a single king. However, this union was not legally consolidated until 1706, when both parliaments signed and ratified the Treaty of Union.
14.- The Queen of England is the head of State of 17 states because of the former holdings of the once allpowerful British Empire. These states are 14 overseas territories integrated into the Commonwealth. They are: Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Grenada, Jamaica, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, St Vincent and the Grenadines, Solomon Islands, Tuvalu, United Kingdom, and Fiji, where she has a ceremonial title.
15.- The Rütlischwur was a legendary oath taken by the representatives of the Swiss cantons of Uri, Schwyz, and Unterwalden, in Grutli Meadow, on the shores of Lake Lucerne, on August 1, 1291. It forged the autonomy of these cantons from popes and emperors.
16.- Gessler, the Governor of Altdorf, belonged to the Canton of Uri, which was one of the three founding states of the Swiss Confederation signing the Rütlischwur.
17.- The Swiss Cantons received international recognition for the first time at the Peace of Westphalia in 1648, after the religious conflicts that also affected the cantons, and which weakened their unity.
18.- Switzerland was last invaded by a foreign army in 1798, when Napoleon invaded it in the course of his Italian Campaign against Austria. However, this occupation strengthened the Confederation, and since then it has been declared a neutral country, no suffering further invasions.
19.- Sonderbundskrieg, also known as Sonderbund War, was a conflict between Catholic and Protestant Cantons beginning in November 1847. In it, the Protestant Cantons prevailed, imposing the federal Constitution of 1848, partially revised in 1866, and which settled the basis for the federal character of the country, replacing the confederation with a federal model.
20.- In Switzerland there are three levels of government: local, canton, and federal. The most important levels are those of the cantons and municipalities, as they enjoy a great degree of autonomy, and as the country lacks a strong executive power, with the office of president being largely ceremonial.
Charlemagne. Also known as Charles the Great or Charles I, he was the King of the Franks and became King of Italy in 774; from 800, he became the first Holy Roman Emperor, being the first recognized emperor in Western Europe since the fall of the Western Roman Empire. He united most of Western Europe during the early Middle Ages and laid the foundations for modern France and Germany. He was one of the first kings ruling his kingdom without the help of the Pope.
Roman Universalism. It envisages a world ruled by the universal law of Rome and its emperors, with the Pope and the emperor playing a significant role in European politics until the XIII century, when they started to lose their supremacy and importance.
Teaching guide 8.
Catholic. It comes from the Roman Catholic Church, and was the main religion of Europe until the XVI century, when Protestantism emerged. As it was shared by most of the European people, it was seen as universal, being something common to all the kingdoms, and allowing the Pope to have some legitimacy and power over all of them, as the head of the Catholic Church.
Holy Roman Empire. It was a multi-ethnic complex of territories in central Europe that developed during the Early Middle Ages and continued until its dissolution in 1806. It included the kingdoms of Germany, Bohemia, Burgundy, Italy, and many others.
Ius commune. It was the law from 1100 until 1800, called as such because it was based on Roman, canon, and feudal law. It was a common jurisprudence studied in the different European universities, attended by students and staffed by professor from across the continent, where instruction was carried out in Latin, the common language of the time.
Philip II’s Universal Monarchy. It was a new political figure created by Philip II of Spain. As he was not elected German Emperor, he decided to declare himself a universal monarch. In practice it was the same as a monarch, but the title emphasized the huge possessions he had as the Spanish monarch.
Premier et Second Empire. They are the two French Empires of the XIX century. The first one was proclaimed on 18 May 1804 by Napoleon Bonaparte, and lasted until his abdication on 14 April 1814. The second one was proclaimed by Napoleon III on 2 December 1852, lasting until 1870, when the Third French Republic was established.
Deutches Reich. It refers to the Second Reich, which was proclaimed after the unification of Germany in 1871, and which lasted until its collapse after World War I, during the German Revolution of 1918-1919 that made Kaiser Wilhelm II to abdicate, after which the Weimar Republic was established.
Composite Monarchy. It was a kind of territorial monarchy, uniting several independent kingdoms under the rule of one king while maintaining their independence, their own laws, and political institutions. That was the case of the United Kingdom, the Crown of Aragon, or the Spanish Catholic Monarchy. Far from being an isolated invention, this was actually quite a common formula of political organization in modern European history.
Crown of Aragon. Its origin was the 1137 marriage between the Count of Barcelona and the heiress of Ramiro II of Aragon. However, the crown’s definitive structure would be set by Jaime I, who conquered the Kingdom of Valencia and converted it into an independent kingdom. Then new incorporations came about, although all preserving their prior institutions, as the Crown of Aragon was a composite monarchy.
Catholic Monarchy. It was created by the Union of the Catholic Kings, Isabella of Castile and Ferdinand of Aragon, and worked under the same model of the Crown of Aragon. Both ruled as monarchs of a whole conglomeration of territories, forming a union of states under the Catholic Monarchy. However, as the slowness of the government was so big, it was decided to apply the Castilian model, based on an absolute ruler exercising undisputed power.
Integral State (Spanish 2nd Republic). It was the model of state embraced during Spain’s Second Republic (1931-1936). Under it, the state was divided into autonomous regions as a way to avoid the resurgence of regionalist separatist movements, which were of great significance in regions as Catalonia and the Teaching guide 8.
Basque Country. It was a way to guarantee the unity of Spain without repressing the regionalist movements.
Autonomies State. It is the model of state embraced in Spain from the transition era on, and that was made official in the 1978’s constitution, which establishes Spain as a state made up of autonomous regions. This model looks for the territorial integration of those regions with a more separatist view, although the system has proven not able to counter these movements.
English Crown. It is the title of the King of England, which in the medieval era was the dominant political force on the island of Great Britain. However, it managed to bring the territories of Wales and Scotland under its power, with Wales finally joining the English Kingdom under the reign of Henry VIII, and Scotland doing the same in 1603. Ireland would become part of the Crown later on, in the year 1800.
United Kingdom. United Kingdom was the name given to the domains of the British Crown after it incorporated the territories of Wales, Scotland, and Ireland, back in 1800. Its formal name was the United Kingdom of Great Britain and Ireland, changing after Ireland’s independence in 1922, and being from that moment on the United Kingdom of Great Britain and Northern Ireland.
Unus Pro Omnibus, Omnes Pro Uno. It means “all for one and one for all”, and is the slogan of the Swiss Confederation, better known as Switzerland. It advocates for the strong union of all the cantons forming the country, treating all of them as indispensable for the union and making them all to feel important inside the union they form.
Helvetians. It was the name given by the Roman Julius Cesar to the people living in nowadays Switzerland.
They tried to abandon their mountainous lands en masse and settle in southern France. However, Caesar defeated them twice and forced them to return to their homes.
William Tell. It is the national hero of the Swiss people. He is a legendary figure who may have lived between 1200 and 1300, and who stands as the symbol of Swiss freedom. However, his story deeds emerged after 1470, to become a central point of reference for Swiss identity.
Schwyz. It was one of the founding cantons of the Swiss Confederation, from which its name comes from.
The new Confederation used its flag as a model for the Confederation’s current one, adopted at the end of the nineteenth century.
Rütlischwur. It is a legendary oath taken by the representatives of the cantons of Uri, Schwyz, and Unterwalden in Grutli Meadow, on the shores of Lake Lucerne, on August 1, 1291. It forged the autonomy of these cantons from the popes and emperors.
Acht Orte. It was the second stage of the Swiss Confederation, also known as the Confederation of the Eight Cantons, as other states had joined the confederation.
Eidgenossenschaft. Better known as the 13 cantons’ Old Swiss Confederacy, it was the third stage of the creation of the Swiss state, from approximately 1300 until 1798, when Napoleon created the Helvetic Republic.
Helvetic Republic. It was a stage in the creation of Switzerland. It was created after the invasion of the French Revolutionary Army in 1798, in its campaign against Austria, and lasted until 1803. This served to strengthen the Confederation through the formation of the vassal state, as Bonaparte incorporated into Teaching guide 8.
it the cantons of Vaud, Saint Gall, Grisons, Argau, Thrgau, and Ticino. Since this time, Switzerland has suffered no further invasions and has remained an essentially neutral country.
Sonderbundskrieg. It was the revolt organized by the Catholic cantons in November 1847, in which they fought for separation from the others, as the Canton of Bern was being strongly imperialist. However, the Protestant Cantons prevailed, imposing the federal Constitution of 12 September 1848, which was partially revised in 1866.
Federal State (vs. Confederal State). In a federal state, each state or canton enjoy a certain degree of independence and autonomy, although not that high as in a confederal state. In the federal state, the federal authority has competences over the currency and the army, and there are not internal borders as such.
Direct Democracy. Political system in which citizens can enforce, most of the time, their right to vote on issues that will affect them. It is usually done through referendums, being them the standard instrument.
It allows for citizens and politicians to be always connected, avoiding most of the problems arising from a representative or indirect democracy.
D. General questions.
1.- The Universal model disappeared in Europe as a consequence of the appearance of Lutheranism, which dashed the idea of a universal community by splitting Europe into two: Catholics and Protestants, who would end up fighting each other in a series of bloody wars, which ended in 1648 with the Peace of Westphalia. This peace treaty marks the end of Universalism in Europe, as it established that each prince had the right to impose on its kingdom the religion he wanted, and a division between religion and politics began to be established, giving kings some independence from the Pope.
Regarding the Empire, it also disappeared after the Peace of Westphalia, with the appearance of absolute monarchies, and then the nation-state model with various forms as France’s assembly-based republic or the strong American presidential republic. Although the Holy Roman Empire still existed at this time, it was an entity with no so much power as it had had. It was officially abolished in 1806, but the imperial idea did not disappear, as monarchs such as Philip II, Napoleon, or Queen Victoria founded their own empires or alike political bodies, as the Spanish universal monarchy, all of them having huge territorial possessions out of the original kingdom.
2.- The basic difference between the imperial approach and the Composite monarchy approach is that, in the second case, it was formed by independent kingdoms which retain their independence, laws and political institutions while acknowledging the authority of only one king. However, in the imperial approach, the empire was the entity comprising a whole body of former independent political entities. In it, a hegemony was imposed, as well as institutions and laws. One established control over the rest, with no place for the independence of the others, and with no distinction possible.
So we have that in the Composite monarchy model, each state was respected and granted some degree of independence within the monarchy, as long as it acknowledged the authority of the king. However, in the case of the imperial approach, total obedience was imposed, having no room for each previous independent territories’ institutions or laws, thus forcing upon the others a system that had nothing to do with them.
Teaching guide 8.
3.- The origin of the Crown of Aragon was the 1137 marriage between the Count of Barcelona, Ramon Berenguer IV, and Petronila, the daughter and heiress of Ramiro II of Aragon. This union enabled their son, Alfonso II of Aragon, to become the King of Aragon and the Count of Barcelona. However, the Crown’s definitive structure would be set by Jaime I, who, after reconquering the Kingdom of Valencia in 1238, converted it into an independent Kingdom, paving the way for the subsequent incorporation of the Kingdom of Sicily at the end of the XIII century, the Kingdom of Mallorca in mid-XIV century, and the Kingdom of Naples in the first half of the XV century, among other Mediterranean territories. All these kingdoms conserved their constitutional and legal autonomy while recognizing the same king.
However, and although this model applied to the Catholic Monarchy, the Crown of Aragon kind of disappeared after the Union of the Catholic Kings, Isabella of Castile and Ferdinand of Aragon, as both ruled as monarchs of a whole conglomeration of territories. So, despite of respecting the constitutional structure of the Crown of Aragon, it ceased existing as a separate kingdom, and became part of the Catholic Monarchy, thus disappearing.
4.- The relationship between the Crown of Aragon and the Catholic Monarchy was that the Crown of Aragon, after the marriage between Isabella of Castile and Ferdinand of Aragon, was one of the two kingdoms giving birth to the Catholic Monarchy, as it was the union of Crown of Castile and the Crown of Aragon what founded the Catholic Monarchy. Besides, both were deeply related, as at the beginning the administrative system of the Catholic Monarchy was that of the Crown of Aragon, characterized by being a composite monarchy, giving quite high levels of independence to the territories under its domain. This helped the Catholic Monarchy to enlarge its territorial holdings, as it had happened with the Crown of Aragon. However, under the Catholic Monarchy the Crown of Aragon ended disappearing, as at the end it preferred to use the Castilian system, characterized by being an absolute state in which the king exercised undisputed power, thus eliminating the independence of the different territories.
5.- The main differences between the Spanish and the British model of Composite Monarchy were regarding the functionality and effectiveness of the institutional apparatus, the power and wealth of both kingdoms, the way of incorporating new territories, and the evolution of the regime, which goes with the previous difference. Firstly, the Spanish apparatus was characterized by being slow and complex, being so inefficient because of the time required to make a decision and implement it, wasting a lot of time, while the British apparatus, although much smaller, was more united and boasted a more effective government.
Concerning the power and wealth of both kingdoms, we have that the Crown of Aragon lacked the power and wealth of England, although at the time the Crown of Aragon was bigger that England.
Regarding the way of incorporating new territories and the evolution of the regimes, we have that in Spain the Composite model was abandoned and replaced with an absolute monarchy, following the Castilian model, and creating an absolute state in which the king exercised undisputed power, thus facilitating decision-making. This made the king to quash the constitutional singularity of the ancient kingdoms of the Crown of Aragon. Meanwhile, in England the annexation of new territories was made through treaties signed and ratified by the parliaments of the parties in question, for instance, Scotland and Great Britain.
Besides, in England the Composite monarchy model did not evolved into an absolute monarchy, but remained being a composite monarchy, with three decentralized administrations.
6.- In 1535, Henry VIII finally managed to incorporate Wales into the English Crown by introducing the English legal system and his royal administration into Wales, and allowing members representing constituencies in Wales to be elected to the Westminster Parliament. Then, Scotland was formally Teaching guide 8.
annexed in 1603, when James VI of Scotland became James I of England after Elizabeth I died without leaving an heir. However, this was not legally consolidated until 1706, when the Treaty of Union was signed and ratified by the English and Scottish Parliaments. Thus, on 1 May 1707, the Kingdom of Great Britain was born.
Ireland formally joined the Crown in 1800, forming the United Kingdom of Great Britain and Ireland that would only last until 1918, when the nationalist party Sinn Fein won the elections and sparked armed conflict with England. This conflict ended up diving the country in 1922, leading to the foundation of the Irish Free State in 1922, and Northern Ireland remaining part of the United Kingdom, whose official name became the United Kingdom of Great Britain and Northern Ireland.
Today the United Kingdom is a monarchy with a Parliament in London and three decentralized administrations headquartered in Edinburgh, Cardiff, and Belfast. In 1998, through the Devolution Acts, the relationships between Scotland, Wales and Northern Ireland, and the Union were restructured. In the case of Scotland this led to a commitment to hold a referendum on independence that took place on 18 September 2014, deciding to remain within the United Kingdom.
7.- Switzerland exists thanks to Julius Caesar because he blocked their attempt to abandon their mountainous lands en masse and settle in southern France. In fact, they went so far as to burn their own cities and initiate a mass emigration. In response, Caesar defeated them twice and forced them to return to their smouldering homes. Although he made it in order to have the Helvetians as a buffer between Rome and the barbarian Germanic peoples to the north, his will of not allowing them to abandon their lands and establish in France, is clearly what made them later on to keep as independent and autonomous peoples. In fact, their mountainous terrain, featuring deep valleys, has historically permitted them to withstand the pressure exerted by the larger states surrounding them, especially that of the Holy Roman Empire, giving them an unprecedented level of independence and autonomy, all of it thanks to Julius Caesar.
8.- The Swiss cantons remained independent in European history since 1291 because it was at that time when it, taking advantage of the clashes between popes and emperors, and the fragmentation of feudal Europe, succeeded in forging an autonomy that was initially reflected in the pact signed by the representatives of the cantons of Uri, Schwyz and Unterwalden in Grutli Meadow, on the shores of Lake Lucerne, on August 1, 1291. Besides, since that time, the union progressively absorbed other cantons, successively forming the Confederation of Eight Cantons, the 14 cantons’ Old Swiss Confederacy, and the ephemeral parenthesis of the Helvetic Republic, before finally reaching its current total of 26 cantons.
At first, each of the cantons was almost totally autonomous, with their own borders, currencies and armies. Despite theoretically forming part of the Holy German Roman Empire, each canton enjoyed de facto independence from it thanks to successive military victories obtained by the Swiss against foreign troops. They, in fact, earned for themselves a reputation as Europe’s finest soldiers, spurring the leading European courts to hire them as mercenaries.
9.- The two phases in Swiss Constitutional history are the confederal phase and the federal one. The first phase started on 1 August 1291, when the representatives of the three founding cantons signed the Rütlischwur. It was characterized by a high degree of independence for each of the cantons, which were almost totally autonomous, as they decided over their own borders, currencies and armies. However, this could not avoid the religious conflicts that sparked between them, although from them the confederation Teaching guide 8.
survived and finally obtained international recognition at the Peace of Westphalia. In 1798, and with the invasion of Napoleon, the confederation was strengthened through the formation of the vassal state, and new cantons were incorporated. Since this time, Switzerland has suffered no further invasions and has remained a neutral country.
However, the stage of the confederation ended in 1848, as the Catholic cantons set off a revolt in November 1847, fighting for separation from the others in the Sonderbund War. The Protestant cantons prevailed, and decided to impose the federal Constitution of September 12, 1848, which was partially revised in 1866. In 1874 a new constitution was given, introducing referendums as a standard instrument to provide for direct democracy. And on 18 April 1999 the new Swiss Federal Constitution was adopted by the cantons, entering into force on January 1, 2000.
10.- Switzerland can be described as the best democracy in the world as it is one of the few states that features a stroking degree of direct democracy, holding referendums on matters of great importance.
Moreover, twenty thousand signatures are sufficient for the confederal government to be compelled to hold a referendum. Also, the municipalities are the ones deciding whether to allow an aspiring immigrant to reside in them or not, thus giving the power to his future neighbours to decide whether they want to accept him or not. The same happens when granting Swiss nationality, as it is also decided by the municipalities according to the principle that “if one is not accepted by his neighbours, he simply cannot become Swiss”.
Besides, the government is divided upon three levels: local, cantonal, and confederal, being the two first the most important. Therefore, Switzerland lacks a strong executive power, with the state being controlled by its legislative assembly, which is the one directly elected by the people, and thus allowing for a more democratic state. However, the executive council consists of seven federal councillors who take turns representing the federal government, leaving the office of president as something ceremonial and not of a huge importance, changing every year. Finally, mayors are overseen by a Communal Council that verifies and manages the accounts, thus reducing the possibilities of corruption.
11.- The Swiss Confederation does have an Executive Power, although it is not as strong as the one in the United States, laying the strong part of government in its legislative assembly, in which the most important powers are shared at the three territorial levels. So we could say that its Executive Power is mainly nominal, as it almost does not exercise any special powers, and as the strong part of government relies on the legislative assembly, thus leaving to the Executive Power mostly representation tasks. In fact, there is an executive council consisting of seven federal councillors who take turns representing the federal government, which is the Executive Power of the Confederation. This executive council is named the Swiss Federal Council. However, the office of president is largely ceremonial, changing every year, and hold by one of the members of the Federal Council, elected by the Federal Assembly. The president has almost no powers over and above his or her six colleagues, but undertakes representative functions normally performed by a president or prime minister in single-executive systems.