British Bill of Rights 1689

Bill of Rights 1689: Roots and Functions

1. University of Tehran Faculty of World Studies Department of British Studies British Bill of Rights: Roots & Functions History of British Developments Tuesday , November 10 , 2015

2. Contents Introduction Significance of the Topic Roots - Glorious Revolution The Coronation Oath Act 1688 Functions - Important Articles in the English Bill of Rights Limits on the Powers on Monarch Rights of Parliament Rights of Individuals Impacts Contemporary Referrals Methodology Works Cited

3. Introduction The Bill of Rights (1689) is an Act of the Parliament of England that deals with constitutional matters and lays out certain basic civil rights.

4. Significance Along with Magna Carta , the Petition of Right , the Habeas Corpus Act 1679 and the Parliament Acts 1911 and 1949 work as the foundation of the uncodified British constitution . Bill of Rights and the Act of Settlement: birth of parliamentary sovereignty

5. Glorious Revolution After the accession of James II in 1685, his overt Roman Catholicism alienated the majority of the population. He declared two Declarations of Indulgence suspending penal laws for dissenters. Seven eminent Englishmen, including one bishop and six prominent politicians of both Whig and Tory persuasions, wrote inviting William of Orange to come over with an army. The proposal to draw up a statement of rights and liberties and James’s violation of them was first made on 29 Jan- uary in the House of Commons in order to: “ secure ourselves for the future” “ do justice to those who sent us here”

6. Glorious Revolution - Continued William was now asked to carry on the government and summon a Parliament. The Parliament decided to treat James’s flee as an abdication and to offer the Crown, with an accompanying Declaration of Right , to William and Mary jointly. Both gift and conditions were accepted .

7. The Coronation Oath Act 1688 They were crowned swearing an oath to uphold the laws made by Parliament The Coronation Oath Act 1688 had provided a new coronation oath. M onarchs were to “solemnly promise and swear to govern the people of this kingdom of England and the dominions according to the statutes agreed on in the Parliament”. They were also to maintain the laws of God and the Protestant Reformed faith established by law . The previous oath required the monarch to rule based on the laws and customs granted by the Kings of England.

8. Impacts on three major areas: Laid down limits on the powers of the monarch Set out the rights of Parliament Set out certain rights of individuals B ill of R ights - F unctions

9. Limits on the powers of the monarch seek the consent of the people, as represented in Parliament laws should not be dispensed with or suspended without the consent of Parliament no taxes should be imposed without the authority of Parliament no standing army may be maintained during peace-time without the consent of Parliament Anyone who becomes a Roman Catholic, or who marries one, becomes disqualified to inherit the throne. ( Act of Settlement 1701) The king and/or queen may not by themselves establish new courts of law nor may they act as a judge.

10. rights of Parliament the requirement for regular parliaments free elections freedom of speech in Parliament the right to petition the monarch should be without fear of retribution the freedom of speech and debates or proceedings in Parliament should not to be impeached or questioned in any court or place out of Parliament Parliaments should be held frequently

11. rights of individuals prohibition of cruel and unusual punishment Reestablishment of the liberty of Protestants to have arms for their defense within the rule of law

12. Impacts A fresh breath of freedom touching the English and their institutions. Lead ultimately to the establishment of constitutional monarchy The rights expressed in this Act and others became associated with the idea of the rights of Englishmen, and described as Fundamental Laws of England a model for later, more general, statements of rights including: the United States Bill of Rights the French Declaration of the Rights of Man and of the Citizen the United Nations Universal Declaration of Human Rights the European Convention on Human Rights .

13. Contemporary referrals The Bill of Rights was also invoked in New Zealand in the 1976 case of Fitzgerald v Muldoon and Others Where the newly appointed Prime Minister Rob Muldoon advised the Governor-General to abolish a retirement plans established by the New Zealand Superannuation Act, 1974, without new legislation. Muldoon though that the dissolution would be immediate and he would later introduce a bill in parliament to make the abolition legal. This claim was challenged in court and the Chief Justice declared that Muldoon’s actions were illegal as they had violated Article 1 of the Bill of Rights , which provides “that the pretended power of dispensing with laws or the execution of laws by regal authority...is illegal.

14. Methodology All the data provided are gathered by means of Library research and note making, investigating, identifying and locating sources that provided factual information about the topic.

15. Bibliography The Glorious Revolution . (2010, August). Retrieved 11 9, 2015, from House of Commons Information Office : http://www.parliament.uk/documents/commons-information-office/g04.pdf Aileen Walker; Oonagh Gay; Lucinda Mae. (2009, October 5). Bill of Rights 1689 . Retrieved 11 9, 2015, from House of Commons Library: http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN00293 Archives, P. ( n.d. ). Bill of Rights . Retrieved 11 9, 2015, from British Library: http://www.bl.uk/onlinegallery/takingliberties/staritems/510billofrights.html MAHESHWARI, R. ( n.d. ). What was the Constitutional Significance of the Bill of Rights, 1689 and the Act of Settlement, 1701? Retrieved 11 9, 2015, from Preservearticles.com: http://www.preservearticles.com/2011100614805/what-were-the-constitutional-significance-of-the-bill-of-rights-1689-and-the-act-of-settlement-1701.html Williams, J. ( n.d. ). What Is the English Bill Of Rights? - Definition & History . Retrieved 11 9, 2015, from study.com: http://study.com/academy/lesson/what-is-theenglish--bill-of-rights-definition-summary-history.html