Saturday, August 1, 2009

English Bill of Rights

The Bill of Rights (a short title conferred by the Short Titles Act 1896, section 1 and the first schedule) is an act of the Parliament of England, whose title is An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown. It is often called the English Bill of Rights

The Bill of Rights was passed by Parliament in December 1689 and was a re-statement in statutory form of the Declaration of Right, presented by the Convention Parliament to William and Mary in February 1689, inviting them to become joint sovereigns of England. It enumerates certain rights to which subjects and permanent residents of a constitutional monarchy were thought to be entitled in the late 17th century, asserting subjects' right to petition the monarch, as well as to bear arms in defence. It also sets out—or, in the view of its drafters, restates—certain constitutional requirements of the Crown to seek the consent of the people, as represented in parliament.

Along with the 1701 Act of Settlement the Bill of Rights remains, today, one of the main constitutional laws governing the succession to not only the throne of the United Kingdom, but, following British colonialism, the resultant doctrine of reception, and independence, also to those of the other Commonwealth realms, whether by willing deference to the act as a British statute or as a patriated part of the particular realm's constitution. Since the implementation of the Statute of Westminster in each of the Commonwealth realms (on successive dates from 1931 onwards) the Bill of Rights cannot be altered in any realm except by that realm's own parliament, and then, by convention, and as it touches on the succession to the shared throne, only with the consent of all the other realms.

In the United Kingdom, the Bill of Rights is further accompanied by the Magna Carta, Habeas Corpus Act 1679 and Parliament Acts 1911 and 1949 as some of the basic documents of the uncodified British constitution. A separate but similar document, the Claim of Right Act, applies in Scotland. Further, a bill of rights has been listed, in Republic of Ireland's Statute Law Revision (Pre-Union), as an English act of parliament to be retained as part of the country's law. The English Bill of Rights 1689 inspired in large part the United States Bill of Rights.

Provisions of the act

The Bill of Rights laid out certain basic tenets for, at the time, all Englishmen. These rights continue to apply today, not only in England, but in each of the jurisdictions of the Commonwealth realms as well.[citation needed] The people, embodied in the parliament, are granted immutable civil and political rights through the act, including:

  • Freedom from royal interference with the law. Though the sovereign remains the fount of justice, he or she cannot unilaterally establish new courts or act as a judge.
  • Freedom from taxation by Royal Prerogative. The agreement of parliament became necessary for the implementation of any new taxes.
  • Freedom to petition the monarch.
  • Freedom from the standing army during a time of peace. The agreement of parliament became necessary before the army could be moved against the populace when not at war.
  • Freedom for Protestants to bear arms for their own defense, as suitable to their class and as allowed by law.
  • Freedom to elect members of parliament without interference from the sovereign.
  • Freedom of speech and debates; or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament.


Certain acts of James II were also specifically named and declared illegal by the Bill of Rights, while James' flight from England in the wake of the Glorious Revolution was also declared to be an abdication of the throne.

Also, in a prelude to the Act of Settlement to come twelve years later, the Bill of Rights barred Roman Catholics from the throne of England as "it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a papist prince"; thus William III and Mary II were named as the successors of James VII and II and that the throne would pass from them first to Mary's heirs, then to her sister, Princess Anne of Denmark and her heirs and, further, to any heirs of William by a later marriage. The monarch was further required to swear a coronation oath to maintain the Protestant religion.