Wikipedia

Bill of Rights 1689

TheBill of Rights 1689(sometimes known as theBill of Rights 1688)[1]is anActof theParliament of Englandthat set out certain basiccivil rightsand changed the succession to theEnglish Crown.It remains a crucialstatuteinEnglish constitutional law.

The Bill of Rights[nb 1]
Act of Parliament
Parliament of England
Long titleAn Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown.
Citation1 Will. & Mar. Sess. 2.c. 2
Dates
Royal assent16 December 1689
Commencement13 February 1689[nb 2]
Other legislation
Amended by
Relates toAbsence of King William Act 1689
Status: Amended
Text of statute as originally enacted
Text of the Bill of Rightsas in force today (including any amendments) within the United Kingdom, fromlegislation.gov.uk.
The Bill of Rights
Created1689
LocationParliamentary Archives
Author(s)Parliament of England
PurposeAssert the rights of Parliament and the individual, and ensure a Protestant political supremacy
Full text
Bill of Rights 1689atWikisource

Largely based on the ideas of political theoristJohn Locke,[3]the Bill sets out a constitutional requirement for the Crown to seek the consent of the people as represented inParliament.[4][5]As well as setting limits on the powers of themonarch,it established the rights of Parliament, including regular parliaments, free elections, andparliamentary privilege.[6]It also listed individual rights, including the prohibition ofcruel and unusual punishmentand the right not to pay taxes levied without the approval of Parliament. Finally, it described and condemned several misdeeds ofJames IIof England.[4]The Bill of Rights receivedroyal assenton 16 December 1689. It is a restatement in statutory form of theDeclaration of Rightpresented by theConvention ParliamenttoWilliam IIIandMary IIin February 1689, inviting them to become joint sovereigns ofEngland,displacingJames II,who was stated to have abdicated and left the throne vacant.

In theUnited Kingdom,the Bill is considered a basic document of the uncodifiedBritish constitution,along withMagna Carta,thePetition of Right,theHabeas Corpus Act 1679and theParliament Acts 1911 and 1949.A separate but similar document, theClaim of Right Act 1689,applies inScotland.The Bill was one of the models used to draft theUnited States Bill of Rights,theUnited Nations Declaration of Human Rightsand theEuropean Convention on Human Rights.[6]Along with theAct of Settlement 1701,it remains in effect within allCommonwealth realms,as amended by thePerth Agreement.

Background

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During the 17th century, there wasrenewed interest in Magna Carta.[7][8]TheParliament of Englandpassed thePetition of Rightin 1628 which established certain liberties for subjects. TheEnglish Civil War(1642–1651) was fought between the King and an oligarchic but elected Parliament,[9][10]during which the notion of long-term political parties took form with theNew Model ArmyGrandees and humble,leveller-influenced figures debating a new constitution in thePutney Debatesof 1647.[11]Parliament was largely cowed by the executive duringthe Protectorate(1653–1659) and most of the twenty-five years of Charles II'sEnglish Restorationfrom 1660. However, it, with the advantage of the growth in printed pamphlets and support of theCity of London,was able to temper some of the executive excess, intrigue and largesse of the government, especially theCabal ministrywho signed aSecret Treaty of Doverthat alliedEnglandtoFrancein a prospective war against oft-allies theDutch Republic.[12]It had already passed theHabeas Corpus Act 1679,which strengthened the convention that forbade detention lacking sufficient cause or evidence.

Glorious Revolution

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Main article:Glorious Revolution

Objecting to the policies ofKingJames II of England(James VII ofScotlandand James II of Ireland), a group of English Parliamentarians invited theDutchstadtholderWilliam IIIofOrange-Nassau(William of Orange) to overthrow the King. William's successful invasion with a Dutch fleet and army led to James fleeing to France. In December 1688, peers of the realm appointed William as provisional governor. It was widely acknowledged that such action was constitutional, if the monarch were incapacitated, and they summoned an assembly of many members of parliament. This assembly called for anEnglish Convention Parliamentto be elected, which convened on 22 January 1689.[13][14]

Declaration of Right

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Main article:Declaration of Right, 1689
An 18th-century engraving, based on a drawing bySamuel Wale,of the Bill of Rights being presented toWilliam IIIandMary II

The proposal to draw up a statement of rights and liberties and James's violation of them was first made on 29 January 1689 in theHouse of Commons,with members arguing that the House "cannot answer it to the nation or Prince of Orange till we declare what are the rights invaded" and that William "cannot take it ill if we make conditions to secure ourselves for the future" in order to "do justice to those who sent us hither". On 2 February a committee specially convened reported to the Commons 23 Heads of Grievances, which the Commons approved and added some of their own. However, on 4 February the Commons decided to instruct the committee to differentiate between "such of the general heads, as are introductory of new laws, from those that are declaratory of ancient rights". On 7 February the Commons approved this revised Declaration of Right, and on 8 February instructed the committee to put into a single text the Declaration (with the heads which were "introductory of new laws" removed), the resolution of 29 January and the Lords' proposal for a revised oath of allegiance. It passed the Commons without division.[15]

On 13 February the clerk of the House of Lords read the Declaration of Right, and theMarquess of Halifax,in the name of all the estates of the realm, asked William and Mary to accept the throne. William replied for his wife and himself: "We thankfully accept what you have offered us". They then went in procession to theGreat Gateat Whitehall. In a ceremony in theBanqueting House,Garter King of Armsproclaimed them King and Queen of England, France, and Ireland, whereupon they adjourned to theChapel Royal,with theBishop of Londonpreaching the sermon.[16]They were crowned on 11 April, swearing an oath to uphold the laws made by Parliament. TheCoronation Oath Act 1688had provided a new coronation oath, whereby the monarchs were to "solemnly promise and swear to govern the people of this kingdom of England, and the dominions thereunto belonging, according to the statutes in parliament agreed on, and the laws and customs of the same". They were also to maintain the laws of God, the true profession of the Gospel, and the Protestant Reformed faith established by law.[17]This replaced an oath which had deferred more to the monarch. The previous oath required the monarch to rule based on "the laws and customs... granted by the Kings of England".[18]

The Act

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The Declaration of Right was enacted in an Act of Parliament, the Bill of Rights 1689, which receivedroyal assentin December 1689.[19]

The Act asserted "certain ancient rights and liberties" by declaring that:[20]

  • the pretended power of suspending the laws and dispensing with (i.e. ignoring) laws by regal authority without consent of Parliament is illegal;
  • thecommission for ecclesiastical causesis illegal; levying taxes without grant of Parliament is illegal;
  • it is the right of the subjects topetitionthe king, and prosecutions for such petitioning are illegal;
  • keeping astanding armyin time of peace, unless it be with consent of Parliament, is against law;
  • Protestants may havearms for their defencesuitable to their conditions and as allowed by law;
  • election of members of Parliament ought to be free;
  • thefreedom of speechand debates or proceedings in Parliament ought not to beimpeached or questionedin any court or place out of Parliament;
  • excessive bailought not to be required, nor excessive fines imposed, norcruel and unusual punishmentsinflicted;
  • jurors in trials for high treason ought to be freeholders;
  • promises of fines and forfeitures before conviction are illegal and void;
  • for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.

The Act declared James's flight from England following theGlorious Revolutionto be anabdicationof the throne. It listed twelve of James's policies by which James designed to "endeavour to subvert and extirpate the protestant religion, and the laws and liberties of this kingdom".[21]These were:[22]

  • by assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;
  • by prosecuting theSeven Bishops;
  • by establishing the court of commissioners for ecclesiastical causes;
  • by levying taxes for the use of the Crown by pretence of prerogative as if the same was granted by Parliament;
  • by raising and keeping a standing army within this kingdom in time of peace without consent of Parliament;
  • by causing Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;
  • by violating the freedom of election of members to serve in Parliament;
  • by prosecutions in the Court of King's Bench for matters and causes cognisable only in Parliament, and by divers (diverse) other arbitrary and illegal courses;
  • by employing unqualified persons on juries in trials, and jurors in trials for high treason which were not freeholders;
  • by imposing excessive bail on persons committed in criminal cases against the laws made for the liberty of the subjects;
  • by imposing excessive fines and illegal and cruel punishments;
  • by making several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;

all of which were declared to be utterly and directly contrary to the known laws and statutes and freedom of the realm.

In a prelude to theAct of Settlementto come twelve years later, the Bill of Rights barredRoman Catholicsfrom 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"; thusWilliam IIIandMary IIwere named as the successors of James II and that the throne would pass from them first to Mary's heirs, then to her sister,Princess Anne of Denmarkand her heirs (and, thereafter, to any heirs of William by a later marriage).

Amendments and legacy

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See also:Glorious Revolution § Legacy;andDeclaration of Right, 1689 § Results

The Bill of Rights was later supplemented by theAct of Settlement 1701,which was agreed to by theParliament of Scotlandas part of theTreaty of Union.The Act of Settlement altered the line of succession to the throne laid out in the Bill of Rights.[23]However, both the Bill of Rights and theClaim of Rightcontributed a great deal to the establishment of the concept ofparliamentary sovereigntyand the curtailment of the powers of the monarch.[24][25][26]These have been held to have established theconstitutional monarchy,[27]and, along with thepenal laws,settled much of the political and religious turmoil that had convulsed Scotland, England and Ireland in the 17th century.

The Act reinforced thePetition of Rightand theHabeas Corpus Act 1679by codifying certain rights and liberties. Described byWilliam BlackstoneasFundamental Laws of England,the rights expressed in these Acts became associated with the idea of therights of Englishmen.[28]The Bill of Rights directly influenced the 1776Virginia Declaration of Rights,[29][nb 3]which in turn influenced theDeclaration of Independence.[30]

Although not a comprehensive statement of civil and political liberties, the Bill of Rights stands as one of the landmark documents in the development ofcivil liberties in the United Kingdomand a model for later, more general, statements of rights;[31][18][26]these include theUnited States Bill of Rights,the FrenchDeclaration of the Rights of Man and of the Citizen,theUnited Nations Universal Declaration of Human Rights,and theEuropean Convention on Human Rights.[32][33]For example, as with the Bill of Rights 1689, theUS Constitutionprohibits excessive bail and "cruel and unusual punishment";in fact, theEighth Amendment to the United States Constitutionwhich imposes this prohibition is a near-verbatim reproduction of the corresponding article in the Bill of Rights 1689. Similarly, "cruel, inhuman or degrading treatmentor punishment "is banned under Article 5 of the Universal Declaration of Human Rights and Article 3 of the European Convention on Human Rights.

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The Bill of Rights remains in statute and continues to be cited in legal proceedings in the United Kingdom and otherCommonwealth realms,particularly Article 9 onparliamentary freedom of speech.[34][35]Following thePerth Agreementin 2011, legislation amending the Bill of Rights and the Act of Settlement 1701 came into effect across the Commonwealth realms on 26 March 2015 which changed the laws of succession to the British throne.

Australia

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Australia does not have a formal Bill of Rights, although protections for human rights may be found in the Constitution and in legislation passed by the Commonwealth Parliament or State or Territory Parliaments.[36][37]

The ninth article, regarding parliamentary freedom of speech, was inherited byFederal Parliamentin 1901 under section 49 of theAustralian Constitution.It was incorporated into theParliamentary Privileges Act 1987which "preserves the application of the traditional expression of this privilege, but spells out in some detail just what may be covered by the term 'proceedings in Parliament'".[38]

Canada

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In Canada, the Bill of Rights remains in statute,[39][40]although it has been largely superseded by domestic constitutional legislation. The ninth article on parliamentary freedom of speech remains in active use.[34]

Ireland

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The application of the Bill of Rights to theKingdom of Irelandwas uncertain. While the English Parliament sometimes passed acts relating to Ireland, theIrish Patriot Partyregarded this as illegitimate, and others felt that English acts only extended to Ireland when explicitly stated to do so, which was not the case for the Bill of Rights. TheCrown of Ireland Act 1542meant the Bill's changes to the royal succession extended to Ireland.Billsmodelled on the Bill of Rights were introduced in theParliament of Irelandin 1695 and 1697 but not enacted. After theActs of Union 1800,provisions relating to the rights of Parliament implicitly extended to Ireland, but provisions relating to the rights of the individual were a grey area. Some jurists regarded the bill not aspositive lawbut asdeclaratoryof thecommon law,and as such applicable to Ireland.[41]

TheConstitution of the Irish Free State,and the subsequentConstitution of Ireland,carry over laws in force in the formerUnited Kingdom of Great Britain and Irelandto the extent they were not repugnant to those constitutions. The Bill of Rights was not referred to in subsequent Irish legislation[42]until theStatute Law Revision Act 2007,which retained it,[43]changed its short title to "Bill of Rights 1688" and repealed most of section 1 (the preamble) as being religiously discriminatory, which included:[44][45]all words down to "Upon which Letters Elections having been accordingly made"; Article 7, which allowed Protestants to bear arms; and all words from "And they doe Claime Demand and Insist".

TheHouses of the Oireachtas(Inquiries, Privileges and Procedures) Act 2013 repealed Article 9 on "freedom of speech and debates or proceedings in Parliament" as part of a consolidation of the law onparliamentary privilege.[46]

New Zealand

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The Bill of Rights is part of the laws of New Zealand.[47]The Act was invoked in the 1976 case ofFitzgerald v Muldoon and Others,[48]which centred on the purporting of newly appointed Prime MinisterRobert Muldoonthat he would advise theGovernor-Generalto abolish asuperannuationscheme established by the New Zealand Superannuation Act 1974, without new legislation. Muldoon felt that the dissolution would be immediate and he would later introduce a bill in parliament to retroactively make the abolition legal. This claim was challenged in court and theChief Justicedeclared 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."[49]

United Kingdom

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Allegoryof the Bill of Rights, withBritanniapresenting the Bill toWilliamandMary.

The Bill of Rights applies in England and Wales; it was enacted in theKingdom of Englandwhich at the time included Wales. Scotland has its own legislation, theClaim of Right Act 1689,passed before the Act of Union between England and Scotland. There are doubts as to whether, or to what extent, the Bill of Rights applies inNorthern Ireland,reflectingearlier doubts as regards Ireland.[34][nb 4]

The requirement that jurors be freeholders in cases of high treason was abolished in England and Wales by theJuries Act 1825,and in Northern Ireland (to the extent it applied) by theStatute Law Revision Act 1950.

Natural justice,the right to a fair trial, is in constitutional law held to temper unfair exploitation of parliamentary privilege. On 21 July 1995 alibelcase,Neil Hamilton,MP vThe Guardian,collapsed as the High Court ruled that the Bill of Rights' total bar on bringing into question anything said or done in the House preventedThe Guardianfrom obtaining afair hearing.Hamilton could otherwise have carte blanche to allege any background or meaning to his words, and no contradicting direct evidence, inference, extra submission or cross-examination of his words could take place due to the tight strictures of the Bill of Rights. Equally, the House of Lords decided that, absent a 1996 statutory provision, the Bill of Rights' entrenched parliamentary privilege would have prevented a fair trial for Hamilton in the 2001 defamation action ofHamilton v Al-Fayedwhich went through the two tiers of appeal to like effect.[52]That provision was section 13 of theDefamation Act 1996,which permitsMPsto waive theirparliamentary privilegeand thus cite and have examined their own speeches if relevant to litigation.[53]

Following theUnited Kingdom European Union membership referendumin 2016, the Bill of Rights was cited by the Supreme Court in theMillercase,in which the court ruled that triggering EU exit must first be authorised by an act of Parliament, because doing so would abrogate rights secured by an Act of Parliament (namely, rights of EU citizens arising from the EU treaties given effect in UK law by theEuropean Communities Act 1972,as amended).[54][55]It was cited again by the Supreme Court in its2019 ruling that the prorogation of parliament was unlawful.The Court disagreed with the Government's assertion that prorogation could not be questioned under the Bill of Rights 1689 as a "proceeding of Parliament"; it ruled the opposite assertion, that prorogation "cannot sensibly be described as a 'proceeding in Parliament'",as it was imposed upon and not debatable by Parliament, and could bring" core or essential business of Parliament "to an end without debate.[56]

Recognition

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Two special designs of commemorativetwo pound coinswere issued in the United Kingdom in 1989 to celebrate thetercentenaryof the Glorious Revolution. One referred to the Bill of Rights and the other to the Claim of Right. Both depict theRoyal Cypherof William and Mary and themaceof theHouse of Commons,one also shows a representation of theSt Edward's Crownand the other theCrown of Scotland.[57]

In May 2011, the Bill of Rights was inscribed inUNESCO'sUK Memory of the World Registerrecognising that:[58]

All the main principles of the Bill of Rights are still in force today, and the Bill of Rights continues to be cited in legal cases in the UK and in Commonwealth countries. It has a primary place in a wider national historical narrative of documents which established the rights of Parliament and set out universal civil liberties, starting with Magna Carta in 1215. It also has international significance, as it was a model for the US Bill of Rights 1789, and its influence can be seen in other documents which establish rights of human beings, such as the Declaration of the Rights of Man, the United Nations Declaration of Human Rights and the European Convention on Human Rights.[32]

As part of theParliament in the Makingprogramme, the Bill of Rights was on display at theHouses of Parliamentin February 2015 and at theBritish Libraryfrom March to September 2015.[59][60]

See also

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References

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Notes

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  1. ^The Act is cited as "The Bill of Rights" in the United Kingdom, without a year, as authorised by section 1 of, and the First Schedule to, theShort Titles Act 1896.Owing to the repeal of those provisions, it is now authorised by section 19(2) of theInterpretation Act 1978.In the Republic of Ireland, it is cited as "The Bill of Rights 1688", as authorised by section 1 of, and the First Schedule to, the Short Titles Act 1896 (as amended bysection 5(a)of theStatute Law Revision Act 2007). The short title of this Act was previously "The Bill of Rights".[1]
  2. ^The Bill of Rights was passed in December 1689, so most sources refer to it by the year 1689.[2]However, all Acts of Parliamentprior to 1793wereex post facto lawsthat came into effect on the first day of the session. TheConvention Parliament (1689)met on 22 January and became a formal Parliament on 13 February. However, the year 1689 did not begin until25 March 1689(Old Style). Therefore, the Bill of Rights is officially dated 1688.[1]
  3. ^Section Seven of the Virginia Declaration of Rights reads,

    That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights and ought not to be exercised.

    which strongly echoes the first two "ancient rights and liberties" asserted in the Bill of Rights 1689:

    That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;
    That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;

    And the Virginia Declaration's Section Nine,

    That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

    is borrowed word for word from the Bill of Rights 1689.

  4. ^The United Kingdom consists of four countries and three distinct legal systems:England and Wales,ScotlandandNorthern Ireland.[50][51]These jurisdictions have particular legal considerations of their own, arising from differences inEnglish law,Scots lawandNorthern Ireland law.

Citations

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  1. ^abc"Bill of Rights [1688]".legislation.gov.uk. Editorial Information, note X1.Retrieved7 March2023.
  2. ^"Bill of Rights 1689".UK Parliament.The Bill of Rights 1689 is an iron gall ink manuscript on parchment.
  3. ^Schwoerer 1990,pp. 531–548.
  4. ^ab"Britain's unwritten constitution".British Library. Archived fromthe originalon 12 March 2015.Retrieved27 November2015.The key landmark is the Bill of Rights (1689), which established the supremacy of Parliament over the Crown.... The Bill of Rights (1689) then settled the primacy of Parliament over the monarch's prerogatives, providing for the regular meeting of Parliament, free elections to the Commons, free speech in parliamentary debates, and some basic human rights, most famously freedom from 'cruel or unusual punishment'.
  5. ^Adams, Meuwese & Hirsch Ballin 2017,p. 97.
  6. ^ab"Bill of Rights 1689".Parliament UK.Retrieved30 April2019.
  7. ^"From legal document to public myth: Magna Carta in the 17th century".The British Library.Archived fromthe originalon 27 March 2015.Retrieved16 October2017
  8. ^"Magna Carta: Magna Carta in the 17th century".The Society of Antiquaries of London.Archived fromthe originalon 25 September 2018.Retrieved16 October2017.
  9. ^"Origins and growth of Parliament".The National Archives.Retrieved7 April2015.
  10. ^"Rise of Parliament".The National Archives.Retrieved7 April2015.
  11. ^"Putney debates".The British Library. Archived fromthe originalon 22 December 2016.Retrieved22 December2016.
  12. ^Durant, Will and Ariel.The Age of Louis XIV.(page 277) New York: Simon And Schuster, 1963.
  13. ^Anon. 2010,pp. 2–4.
  14. ^"Bill of Rights".British Library. Archived fromthe originalon 22 September 2021.Retrieved23 June2015.
  15. ^Horwitz 1977,p. 12.
  16. ^Carpenter 1956,pp. 145–146.
  17. ^Williams 1960,pp. 37–39.
  18. ^ab"The Convention and Bill of Rights".UK Parliament.Retrieved2 November2014.
  19. ^Thatcher 1907,pp. 10.
  20. ^Williams 1960,pp. 28–29.
  21. ^Williams 1960,p. 26.
  22. ^Williams 1960,p. 27.
  23. ^"The Act of Settlement".UK Parliament.Retrieved8 November2014.
  24. ^This vigorous assertion of the rights of the subject meant that the Bill of Rights is often seen as parallel in importance with Magna Carta itself."The Bill of Rights".British Library.Retrieved27 November2015.
  25. ^Although the Bill of Rights attacked the abuse of prerogative power rather than prerogative power itself, it had the virtue of enshrining in statute what many regarded as ancient rights and liberties. However, some historians maintain that a more profound change in the relationship between sovereign and Parliament emerged as a result of the financial settlement that Parliament negotiated with William and Mary."Rise of Parliament".The National Archives.Retrieved22 August2010.
  26. ^abThe earliest, and perhaps greatest, victory for liberalism was achieved in England. The rising commercial class that had supported the Tudor monarchy in the 16th century led the revolutionary battle in the 17th, and succeeded in establishing the supremacy of Parliament and, eventually, of the House of Commons. What emerged as the distinctive feature of modern constitutionalism was not the insistence on the idea that the king is subject to law (although this concept is an essential attribute of all constitutionalism). This notion was already well established in the Middle Ages. What was distinctive was the establishment of effective means of political control whereby the rule of law might be enforced. Modern constitutionalism was born with the political requirement that representative government depended upon the consent of citizen subjects.... However, as can be seen through provisions in the 1689 Bill of Rights, the English Revolution was fought not just to protect the rights of property (in the narrow sense) but to establish those liberties which liberals believed essential to human dignity and moral worth. The "rights of man" enumerated in the English Bill of Rights gradually were proclaimed beyond the boundaries of England, notably in the American Declaration of Independence of 1776 and in the French Declaration of the Rights of Man in 1789."Constitutionalism: America & Beyond".Bureau of International Information Programs. U.S. Department of State. Archived fromthe originalon 24 October 2014.Retrieved30 October2014.
  27. ^Walker, Gay & Maer 2009,p. 2: "thereby establishing a constitutional monarchy".
  28. ^Billias 2011,p. 54.
  29. ^Conley, Patrick T.; States, U. S. Constitution Council of the Thirteen Original (1992).The Bill of Rights and the States: The Colonial and Revolutionary Origins of American Liberties.Rowman & Littlefield. pp. 13–15.ISBN9780945612292.
  30. ^Maier 1997,pp. 126–28.
  31. ^Schwartz, Bernard (1992).The Great Rights of Mankind: A History of the American Bill of Rights.Rowman & Littlefield. pp. 1–2.ISBN9780945612285.
  32. ^ab"All the main principles of the Bill of Rights are still in force today, and the Bill of Rights continues to be cited in legal cases in the UK and in Commonwealth countries. It has a primary place in a wider national historical narrative of documents which established the rights of Parliament and set out universal civil liberties, starting with Magna Carta in 1215. It also has international significance, as it was a model for the US Bill of Rights 1789, and its influence can be seen in other documents which establish rights of human beings, such as the Declaration of the Rights of Man, the United Nations Declaration of Human Rights and the European Convention on Human Rights.""2011 UK Memory of the World Register".United Kingdom National Commission for UNESCO. 23 May 2011. Archived fromthe originalon 8 December 2015.Retrieved4 June2011.
  33. ^"Facts About the Bill of Rights on Its 220th Anniversary".History. 15 December 2011. Archived fromthe originalon 4 October 2013.Retrieved29 September2012.
  34. ^abcLock 1989,pp. 540–561.
  35. ^Toporoski, Richard (Summer 1996)."Monarchy Canada:The Invisible Crown ".Archived fromthe originalon 17 June 1997.
  36. ^Australian Human Rights Commission,How Are Human Rights Protected in Australian Law?
  37. ^Parliamentary Education Office,Rights in Australia
  38. ^"Infosheet 5 - Parliamentary privilege".Parliament of Australia.Retrieved16 August2020.
  39. ^Senate of Canada (20 March 2013)."LCJC Meeting No. 74".Queen's Printer for Canada. Archived fromthe originalon 14 June 2013.Retrieved24 March2013.
  40. ^Re: Resolution to amend the Constitution,[1981] 1 SCR 753, p. 785.
  41. ^Osborough, W. N. (1998). "The Failure To Enact An Irish Bill Of Rights: A Gap In Irish Constitutional History".Irish Jurist.33:392–416.ISSN0021-1273.JSTOR44027310.;Osborough, W. N. (2002). "Constitutionally Constructing A Sense Of Oneness: Facets Of Law In Ireland After The Union".Irish Jurist.37:227–240.ISSN0021-1273.JSTOR44027023.
  42. ^"Pre-1922 Legislation: Statutes of England Affected: 1688".Irish Statute Book.26 February 2020.Retrieved11 March2020.
  43. ^Statute Law Revision Act 2007§2(2)(a)andSchedule 1 Part 2
  44. ^Statute Law Revision Act 2007 §5(a)
  45. ^Statute Law Revision Act 2007§2(3);Kitt, Tom(14 February 2007)."Statute Law Revision Bill 2007: Committee Stage".Seanad Éireann (22nd Seanad) Debates.Oireachtas. c.187.Retrieved11 March2020.
  46. ^"Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013".electronic Irish Statute Book.24 July 2013.Retrieved11 March2020.§5 and Schedule
  47. ^Elizabeth II (2013),Royal Succession Bill,Wellington: Queen's Printer, S.10, 11, 12,retrieved18 July2013,The Bill of Rights 1688 (1 Will and Mar Sess 2, c 2) continues to be part of the laws of New Zealand... The Act of Settlement 1700 (12 and 13 Will 3, c 2) continues to be part of the laws of New Zealand... On the changeover, the Royal Marriages Act 1772 ceases to be part of the laws of New Zealand.
  48. ^"The Constitutional Setting".States Services Commission, New Zealand. Archived fromthe originalon 16 October 2008.
  49. ^"The legitimacy of judicial review of executive decision-making".New Zealand Law Society. Archived fromthe originalon 4 February 2010.
  50. ^"A Guide to the UK Legal System".Hauser Global Law School Program. New York University School of Law. November 2005.Retrieved16 March2016.
  51. ^"The Legal System of the United Kingdom".The Chartered Institute of Legal Executives. Archived fromthe originalon 13 March 2016.Retrieved16 March2016.
  52. ^As mentioned inKimathi & Ors v Foreign and Commonwealth Office[2017] EWHC 3379 (QB)at para. 11, [2018] 4 WLR 48 (20 December 2017),High Court(England and Wales)
  53. ^Alexander Horne; Oonagh Gay (21 May 2014)."Ending the Hamilton Affair?".UK Constitutional Law Association.UK Constitutional Law Association Blog.Retrieved19 March2015.
  54. ^R (on the application of Miller & another) v The Secretary of State for Exiting the European Union[2016] EWHC 2768 (Admin)(3 November 2016)

    This subordination of the Crown (i.e. the executive government) to law is the foundation of therule of lawin the United Kingdom. It has its roots well before the war between the Crown and Parliament in the seventeenth century but was decisively confirmed in the settlement arrived at with the Glorious Revolution in 1688 and has been recognised ever since. Sir Edward Coke reports the considered view of himself and the senior judges of the time in TheCase of Proclamations(1610) 12 Co. Rep. 74, that:

    the King by his proclamation or other ways cannot change any part of the common law, or statute law, or the customs of the realm

    and that:

    the King hath no prerogative, but that which the law of the land allows him.

    The position was confirmed in the first two parts of Section 1 of the Bill of Rights 1688:

    Suspending power – That the pretended power of suspending of laws or the execution of laws by regall authority without consent of Parlyament is illegall.

    Late dispensing power – That the pretended power of dispensing with laws or the execution of laws by regall authoritie as it hath beene assumed and exercised of late is illegall.
  55. ^"Brexit court ruling: Your questions answered".BBC.Retrieved4 November2016.
  56. ^"R (on the application of Miller) (Appellant) v The Prime Minister (Respondent) Cherry and others (Respondents) v Advocate General for Scotland (Appellant) (Scotland)"(PDF).The Supreme Court. 24 September 2019.Archived(PDF)from the original on 9 October 2022.Retrieved24 September2019.It must therefore follow, as a concomitant of Parliamentary sovereignty, that the power to prorogue cannot be unlimited. Statutory requirements as to sittings of Parliament have indeed been enacted from time to time, for example by the Statute of 1362 (36 Edward III c 10), the Triennial Acts of 1640 and 1664, the Bill of Rights 1688, the Scottish Claim of Right 1689, the Meeting of Parliament Act 1694, and most recently the Northern Ireland (Executive Formation etc) Act 2019, section 3. Their existence confirms the necessity of a legal limit on the power to prorogue, but they do not address the situation with which the present appeals are concerned.... The prorogation itself takes place in the House of Lords and in the presence of Members of both Houses. But it cannot sensibly be described as a 'proceeding in Parliament'. It is not a decision of either House of Parliament. Quite the contrary: it is something which is imposed upon them from outside. It is not something upon which the Members of Parliament can speak or vote. The Commissioners [when performing the prorogation] are not acting in their capacity as members of the House of Lords but in their capacity as Royal Commissioners carrying out the Queen's bidding. They have no freedom of speech. This is not the core or essential business of Parliament. Quite the contrary: it brings that core or essential business of Parliament to an end.
  57. ^"Two Pound Coin".The Royal Mint.Retrieved15 February2015.
  58. ^"Life, death and everything in between".UK Parliament. 23 May 2011.Retrieved4 June2011.
  59. ^"Magna Carta & Parliament Exhibition".UK Parliament.Retrieved15 February2015.
  60. ^"Magna Carta: Law, Liberty, Legacy".The British Library. Archived fromthe originalon 3 March 2016.Retrieved24 January2015.

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