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This Bill Of Rights 1689 UK Is A Part Of Australian Law [mirrored]
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This Bill Of Rights 1689 UK Is A Part Of Australian Law.
Bill of Rights – 1689
The Bill of Rights 1689 is one of the basic documents of English constitutional law, alongside Magna Carta, the Act of Settlement and the Parliament Acts. A separate but similar document applies in Scotland, the Claim of Right.
The Bill of Rights 1689 is an English Act of Parliament with the long title: An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown. It is known colloquially in the UK as the “Bill of Rights.”
The Bill of Rights 1689 is not a bill of rights, in the sense of a statement of certain rights that citizens and/or residents of a free and democratic society have (or ought to have), but rather addresses only the rights of Parliamentarians sitting in Parliament as against the Crown. In this respect, it differs substantially in form and intent from other “bills of rights,” including the first 10 amendments to the U.S. Constitution, which are also known as the “Bill of Rights.”
The basic tenets of the Bill of Rights 1689 are:
Englishmen, as embodied by Parliament, possessed certain civil and political rights that could not be taken away. These included:
freedom from royal interference with the law (the Sovereign was forbidden to establish his own courts or to act as a judge himself)
freedom from taxation by royal prerogative, without agreement by Parliament
freedom to petition the king
freedom from a peace-time standing army, without agreement by Parliament
freedom [for Protestants] to bear arms for self-defence, as allowed by law
freedom to elect members of Parliament without interference from the Sovereign
the freedom of speech in Parliament, in that proceedings in Parliament were not to be questioned in the courts or in any body outside Parliament itself (the basis of modern parliamentary privilege)
freedom from cruel and unusual punishments, and excessive bail
freedom from fines and forfeitures without trial
Roman Catholics could not be king or queen of England since “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”. The Sovereign was required to swear a coronation oath to maintain the Protestant religion.
In addition, the Sovereign was required to summon Parliament frequently (reinforced by the Triennial Act 1694 which requiring the regular summoning of Parliaments).
The Bill of Rights 1689 was later supplemented in England by the Act of Settlement 1701, and in Scotland the Claim of Right was supplemented by the Act of Union 1707. The Bill of Rights and Claim of Right were a major step in the evolution of the governments in Britain towards parliamentary supremacy, and the curtailment of the rights of the monarchy. In doing so they largely settled the political and religious turmoil that had convulsed Scotland, England and Ireland in the 17th century. After the Magna Carta, the Bill of Rights and Claim of Right form an important step in the British progress towards a constitutional monarchy.
Disclaimer. All videos are not to be taken as LEGAL ADVICE. We are not lawyers or financial advisers. All Videos on this channel are put up for educational and entertainment purposes only. the views expressed on the videos are not to be taken as the views of this channel.
The Bill of Rights 1689 is a predecessor of the United States Constitution, the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights. For example, like the Bill of Rights, the U.S. Constitution requires jury trials, contains a right to bear arms, and prohibits excessive bail and of “cruel and unusual punishments”. Similarly, “cruel, inhuman or degrading punishments” are banned under Article 5 of the Universal Declaration of Human Rights and Article 3 of the European Convention on Human Rights.
The Bill of Rights and Claim of Right are still law in England and Scotland respectively, and are occasionally cited in legal proceedings. On 21 July 1995, a libel case brought by Neil Hamilton, then an MP, against The Guardian was stopped after Mr Justice May ruled that the prohibition on the courts questioning parliamentary proceedings contained in the Bill of Right
Category | News & Politics |
Sensitivity | Normal - Content that is suitable for ages 16 and over |
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