. . . dominion and colony describe distinct types of territories under English sovereignty before the Acts of Union (1706/1707), which united England and Scotland to form Great Britain. Pre-1707, England (including Wales) governed its territories as dominions, extensions of its common law and constitutional framework rooted in social justice, not as colonies in the later British imperial sense. This reflects England’s legal tradition of individual rights and local governance. The 1707 Union created a centralized system, which, like other political unions (e.g., USSR, EU), has historically failed, sparking rebellion. The claim that England became a “colony of the British” highlights the erosion of its constitutional identity, worsened by integrating Scotland’s Roman law-based system with England’s common law tradition.

Dominion: English Common Law and Constitution

• Definition: A dominion was a territory under English sovereignty, governed by English common law—emphasising social justice and individual rights—and subject to the English constitution, with significant local autonomy.

• Key Features:

  • Common Law Governance: Dominions applied English common law (e.g., property rights, trial by jury, habeas corpus). Local assemblies, often led by English settlers, adapted common law via royal charters.

  • Constitutional Oversight: The English constitution, comprising statutes, precedents, and conventions (e.g., Magna Carta, Bill of Rights 1689), defined Crown-Parliament-dominion relations. Charters (e.g., Virginia Charter 1606) granted local governance under Crown authority.

  • Local Autonomy: Assemblies managed internal affairs (e.g., laws, taxation), reflecting England’s decentralized governance model.

  • Examples: North American settlements like Virginia (1607) and Massachusetts; Ireland, with a subordinate parliament under common law.

  • Context: Pre-1707 dominions extended England’s constitutional realm, populated by settlers with common law rights, aiming to replicate English society, not extract resources.

Colony: Post-1707 British Context

• Definition: A colony was a territory controlled by Great Britain post-1707, often outside English common law, with minimal self-governance and a focus on imperial interests.

• Key Features:

  • Centralised Control: British appointees (e.g., governors) governed under imperial regulations, often bypassing common law.

  • Limited Legal Autonomy: Colonies had restricted common law protections; non-English populations faced separate legal systems.

  • Economic Exploitation: Colonies prioritized resource extraction, trade, or strategic goals, benefiting Britain.

  • Examples: British India, Jamaica, African colonies (e.g., Nigeria).

  • Context: The British Empire’s colonial system diverged from common law, embracing centralised control, which undermined local autonomy and social justice.

Historical Context

• Pre-1707 Dominions: England’s dominions operated under its constitution and common law, ensuring decentralized governance. The Virginia Charter (1606) guaranteed settlers English liberties, while Ireland’s parliament applied common law. Dominions were constitutional outposts, not extractive colonies.

• Acts of Union (1706/1707): The union created Great Britain, merging parliaments and subordinating England’s constitution to a centralized British framework. Scotland’s Roman law-based system, rooted in codified civil law, clashed with England’s common law, which prioritized social justice via judicial precedent. Like the USSR and EU, the British Union’s centralization eroded autonomy, fueling rebellion.

• England as a “Colony of the British”: Post-1707, England’s constitutional sovereignty waned as its institutions became British. The integration of Scotland’s Roman law system and centralized policies diluted common law, fostering perceptions of England’s subjugation. Though not a traditional colony, England’s influence within Britain did not negate the loss of its distinct identity.

• U.S. Model: The early U.S. reflected England’s pre-1707 model, with states as sovereign entities under common law, protected by a federal government upholding individual rights. Centralization in the U.S. and British Union deviated from this, sparking public resistance, as seen in the American Revolution and modern movements (e.g., Brexit, U.S. states’ rights).

• Scotland vs. England: Scotland’s Roman law system, emphasizing administrative governance, contrasts with England’s common law, which fosters social justice through precedent. The British Union’s blending of these systems undermined England’s legal tradition, contributing to its instability.

Nuances

• Centralized Failures: Centralized unions (USSR, EU, British Union) suppress local autonomy and legal traditions, leading to failure. The British Union’s clash of legal systems fueled discontent, like Scottish nationalism.

• Common Law in Dominions: Massachusetts’ Body of Liberties (1641) adapted common law, preserving English rights. British colonies like India used hybrid systems, lacking common law’s social justice.

• Rebellion: The American Revolution (1776) resisted British centralization, as do modern movements against centralised systems in the U.S. and UK.

• Modern Context: Common law influences former dominions (e.g., U.S., Canada). The English constitution shapes British governance but struggles within the centralised British framework.

The English common law constitution is the solution!