Exploring the Foundations of the English Constitution
Discover the pivotal documents that have shaped the governance and legal framework of England throughout history.
Understanding the English Constitution
The English Constitution’s legal foundation includes statutes, conventions, judicial decisions, and historical documents. Unlike many nations England does not have a single written constitution.
Its constitutional framework has evolved over centuries, incorporating governance principles. The rule of law has been established and individuals have gained rights through these documents. This intricate system maintains the balance of power. It also protects freedoms. This establishes it as a cornerstone of English political life.
Key Documents of the English Constitution
The Origins of English Constitutional Documents
Explore the rich tapestry of England’s constitutional history through our collection of pivotal documents. Each piece offers a glimpse into the evolution of governance and law, reflecting societal shifts and ideological advancements in England. Delve into the Magna Carta, the Bill of Rights, and other foundational texts that underscore the principles of democracy and justice.
Historical Insights
Magna Carta 1215 (Great Charter Of Freedoms)
The Magna Carta is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor on June 1215. It was the first document to put into writing the principle that the king and his government were not above the law. This Great
Charter took us further than the Charter of Liberties of Henry I, 1100. There were clauses providing for a free church, reforming law and justice, and controlling the behavior of royal officials. Above all the Magna Carta guaranteed that government, royal
or otherwise, would be limited by the written Law of the Land.
Magna Carta 1297
Confirmation of Charters was issued in Norman French by Edward I in 1297. In 1297, to meet his debts from foreign wars, King Edward I imposed new and harsher taxes, provoking another confrontation with the barons. This resulted in the reissue of Magna Carta and the Forest Charter to avoid civil war.
It was entered into the official Statute Rolls of England which remains today. Edward’s government was not prepared to concede this, they agreed to the issuing of the Confirmation, confirming the previous charters and confirming the principle that taxation should be by consent.
The Petition of Right 1627
The Petition of Right, passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state and is reportedly of equal value to Magna Carta and the Bill of Rights 1688/9.
Following a series of disputes with Parliament over granting taxes in 1627, Charles I imposed “forced loans” and imprisoned those who refused to pay, without trial. This was followed in 1628 by the use of martial law forcing private citizens to feed, clothe and accommodate soldiers and sailors, which implied the King could deprive any individual of property, or freedom, without justification.
A Commons committee prepared four “Resolutions”, declaring each of these illegal: 1. Taxation without the consent of Parliament. 2. Imprisonment without cause. 3. Quartering of soldiers on subjects. 4. Martial law in peacetime. The Petition remains in force in the united kingdom and parts of the common wealth.
Act of Settlement 1700
This English Act of Parliament was passed in 1701 to settle the succession to the English and Irish crowns on protestants only. Anyone who became a Roman Catholic, or who married one, became disqualified to inherit the throne. It placed limits on both the role of foreigners in the English government and the power of the monarch with respect to the Parliament of England.
It remains today one of the main constitutional laws governing the succession not only to the throne of the United Kingdom but to those of the other commonwealth realms, whether by assumption or by patriation.
Bill of Rights 1688 (Statute)
The Bill of Rights 1689 is a landmark Act in the Constitutional Law of England. Formally an Act declaring the rights and liberties
of the subject like freedom of speech, press and religion, and
Settling the Succession of the Crown (1689), it is one of the basic
instruments of the English Constitution; the result of the long 17th-century struggle between the Stuarts Kings and the English people and Parliament.
This document remains in statute and continues to be cited in legal proceedings in the United Kingdom
and other commonwealth realms. It has had a long-lasting impact on the role of government in England. It also influenced laws, documents and ideologies in the United States, Canada, Australia, Ireland, New Zealand and other countries. It came
via the Declaration of Rights (contract) and a convention Parliament created it was enacted after the Crown & Parliament Recognition Act 1689. This important Act cannot be repealed or any of its provisions (rights).
Observance of due Process of Law 1368
In 1368, the Parliament of England passed the Observance of Due
Process Law 1368. It is assented and accorded, for the good Governance of the Commons, that no Man be put to answer without Presentment before Justices, or Matter of Record, or by due Process and Writ original, according to the old Law of the Land: And if any Thing from henceforth be done to the contrary, it shall be void in the Law, and holden for Error
Coronation Oath Act 1688
It was passed in 1689 (New Style; 1688 Old Style). The preamble noted that “by the Law and Ancient Usage of this Realm” the Kings and Queens thereof have taken a Solemn Oath at their Coronations to maintain the Statute Laws and Customs of the said Realm and all the People and Inhabitants thereof in their Spiritual and Civil Rights and Properties.
But forasmuch as the Oath itself on such Occasion has been framed in doubtful Words and Expressions with relation to ancient Laws and Constitutions at this time unknown. It established a single Uniform Oath in all Times to come to be taken by the Kings and Queens of this Realm at their coronation.
Declaration of Rights 1688 (Contract)
The Declaration of Rights is a contract produced by the English Lords and Commoners, following the 1688 Glorious Revolution. It was the conclusion to a negotiation between Prince William and Princess Mary and Lords and Commoners. This explains the wrongs committed by the exiled James II, the rights of English citizens, and obligations of their monarch.
The Declaration of Rights was written into the English Bill of Rights and became law in December 1689. It is now part of the Constitution of the United Kingdom, similar to the Magna Carta it states forever (it cannot be changed by parliament or the monarchy).
This declaration and its 27 heads of terms are equally as important as the Conversion to Statue (Bill). This is referenced in the Commentaries on the Laws of England, the common law of England by Sir William Blackstone. It is a common law contract converted to statute with equal weighting. English Belt and Braces.
Union with Scotland Act 1706 / Union with England Act 1707
The Acts of Union 1706/1707 were acts of the English and Scottish Parliaments that created the British Parliament. (a political union, the union of the crowns happened in 1603 which was not political).
These Act(s) enshrined English common law and our constitutional laws (from a convention parliament) for England and Roman Law for Scotland, and both nations independent rights prior were protected for the future generations (see also Claim of Rights 1689, Scotland). Then British Parliament purposely encroached on these enshrined and inalienable rights ever since. i.e. British Nationalities Act 1981 eradicated English as a National identity which is unlawful under international law.
Crown & Parliament Recognition Act 1689 (2 Will & Mary c 1)
Was an Act of the Parliament of England. It was designed to confirm the succession to the throne of King William III and Queen Mary II of England and to confirm the validity of the laws passed by the Convention Parliament which had been irregularly convened following the Glorious Revolution and the end of James II’s reign. This Act is still wholly in force in England and Wales. (as of 2022)
61/295 United Nations Declaration on the Rights of Indigenous People
Although not part of the English Constitution, the Declaration on the Rights of Indigenous Peoples is a legally binding (if ratified) resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of indigenous peoples. This includes their ownership rights to cultural and ceremonial expression, identity, language, employment, health, education, and other issues. Their ownership also extends to the protection of their intellectual and cultural property.
The Declaration “emphasises the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions (for England and the English), and to pursue their development in keeping with their own needs and aspirations.” It “prohibits discrimination against indigenous peoples”. It also “promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development”