English Bill of Rights of 1689

English Bill of Rights of 1689 was a pivotal Act of Parliament that established foundational constitutional principles in the Kingdom of England. Enacted by the Parliament of England following the Glorious Revolution, it formally settled the succession of the crown upon William III and Mary II. The statute articulated specific liberties of subjects and placed clear limitations on the powers of the monarchy, marking a decisive shift towards constitutional monarchy.

Historical context

The bill was a direct product of the political crisis precipitated by the reign of James II, whose Catholic faith and assertions of royal prerogative alarmed the predominantly Protestant political establishment. His actions, such as issuing the Declaration of Indulgence and maintaining a standing army, led to his deposition in the bloodless Glorious Revolution of 1688. The Convention Parliament offered the throne jointly to William of Orange and Mary Stuart, but conditioned their acceptance upon their agreement to a declaration of rights. This declaration, drafted by parliamentarians including John Somers, was transformed into the statutory Bill of Rights. The contemporaneous Claim of Right Act 1689 addressed similar grievances in the Kingdom of Scotland.

Provisions and key clauses

The legislation enumerated a list of misdeeds committed by James II, thereby justifying his removal, and established a series of positive rights and parliamentary powers. Key provisions prohibited the suspension or dispensing of laws without Parliamentary consent, outlawed the levying of taxes without a grant from Parliament, and affirmed the right of subjects to petition the monarch. It guaranteed freedom of speech and debate within Parliament, protected individuals from excessive bail and cruel and unusual punishment, and declared that a standing army in peacetime was illegal without parliamentary approval. The bill also settled the line of succession, explicitly excluding any Catholic or spouse of a Catholic from inheriting the throne, a principle later reinforced by the Act of Settlement 1701.

Impact and significance

The immediate impact was the solidification of a constitutional monarchy where the Parliament became the supreme legislative authority, fundamentally altering the relationship between the Crown and the legislature. It effectively ended the concept of the divine right of kings in England, making the monarchy subject to the rule of law as defined by statute. The bill’s principles were instrumental in the political union between England and Scotland, forming the basis for the Acts of Union 1707 and the subsequent Parliament of Great Britain. It also provided a legal foundation for the development of the cabinet system and responsible government, influencing political thinkers like John Locke and later the Founding Fathers of the United States.

Legacy and influence

The English Bill of Rights stands as a cornerstone document in the development of Western constitutional law and inspired numerous subsequent declarations of rights. Its concepts directly influenced the drafters of the United States Bill of Rights, with several amendments to the United States Constitution mirroring its language on cruel and unusual punishment, the right to bear arms, and freedom of speech. It served as a model for the Universal Declaration of Human Rights and other international human rights instruments. Within the United Kingdom, many of its provisions remain in force today, cited in landmark cases and forming part of the uncodified Constitution of the United Kingdom. Its legacy is commemorated annually during the State Opening of Parliament, which ritualizes the sovereignty of Parliament over the Crown. Category:1689 in law Category:1689 in England Category:English laws