What is the embodiment and function of traditional power in British constitutional system?

A notable feature of British feudal political system is the objective independence of law. This is mainly manifested in the following aspects: Customary law is formed on the basis of respecting customary law and feudal statutory law, with national cultural personality and less interference from authoritarian power; The rule of law is a traditional force with strong vitality. The prominent feature of the rule of law is that the earliest constitutional document, Magna Carta, established the constitutional principles that have influenced it to this day. To understand the Magna Carta, we must first understand the relationship between the British concept of "freedom" and the purpose of modern constitutionalism: in the final analysis, restricting power and safeguarding rights are all aimed at fully safeguarding and realizing human freedom. From the freedom of ancient people to the freedom of modern people, it has experienced rich evolution. Here we use Montesquieu's words "Freedom is the right to do everything permitted by law" [365,438+0] to understand the concept of freedom in medieval English: freedom is based on contractual rights, and freedom is the expression of contractual rights in the field of social rights. First, the right to freedom comes from the privilege of a few people under the feudal system. Every form of social existence such as monarchy, lords' manor and hierarchical structure under the feudal system in the Middle Ages was a privilege. Feudal law contains a set of norms to maintain social status hierarchy, and kings and nobles can legally enjoy special aristocratic status and special rights. As for the bondage of feudal contractual relationship, whether he is a vassal or a vassal, there are some things that can be done in accordance with feudal norms, that is, "rights", which is his exclusive "freedom." As Qian Chengdan and others said: "The word freedom was synonymous with privilege in the Middle Ages, that is to say,' freedom' refers to the privilege of doing something." [32] nobility is the first privilege level. The feudal system gave nobles privileges and freedoms. The property owned by nobles is not subject to judicial judgment, and the king is not allowed to deprive it at will. This is one of the sources of the British concept of "being born free". The great achievements of nobles against kings? -The Magna Carta is also a feudal document that gives freedom and rights to nobles but does not benefit most people. In the specific environment at that time, it was actually emphasized that freedom is a specific, precious and rare privilege rather than a universal right, and it is exclusive and only enjoyed by the nobility, not most people. Another example is a city in the Middle Ages, and so are the freedoms and rights of citizens. Citizens have won concessions and other rights from kings or aristocratic lords, and they also appear as privileged and exclusive minority rights. The forms of freedom and rights extended by "privilege" also exist in other countries. However, only in Britain, starting from the nobility, the tradition of freedom spread downward one by one. The main reason is that the struggle between the nobles and the king kept the feudal legal relationship in a relatively balanced state. Without struggle and confrontation, it is difficult to ensure that the king abides by the feudal contract. Through the struggle, the historical tradition of royal power and freedom was finally formed. The freedom and rights of a few people become the precedent of modern freedom and rights, and the struggle of a few people leads the struggle of the majority. The resistance of the nobility set an example, and all social classes under the nobility raised the banner of "freedom" in succession and fought for "freedom" for their rights. Let freedom no longer be exclusive to nobles.