English Bill of Rights of 1689
Summary of the document
The English Bill of Rights is also called the Bill of Rights. It is an act of the parliament of England which was passed in 16th December 1689 (Halsall). The Act was meant to declare the rights and liberties of the subject and the settling of succession of the crown (Halsall).
- The British Royals should not interfere with the law. In particular the Act forbid the royal leaders from unilaterally establishing new courts or even act as judges
- The citizens of England were given the right to petition the Monarchs without fear of vengeance.
- Taxation by the Royal prerogative was abolished and in its place the rules of parliament concerning taxation would start to apply.
- The royal leadership was forbidden from interfering with the freedom of Englishmen to possess arms for the sake of defending themselves. This provision of the law had been overruled by James II against the Protestants.
- The Bill also banned the imposition of excessive bails and punishments that were deemed as unusual and cruel.
- The English parliament was also given absolute freedom and the debates held inside parliament were not to be questioned or impeached in any court of law.
- It also banned the maintenance of a standing army in times of peace without there being consent from the English parliament (Halsall)
Intention of the document
The intention of the document was to become a statutory restatement of the Declaration of Right that was presented to the Convention parliament in March 1689 (Patterson, 21). The document stipulates the limits on the powers of sovereignty and also lays out the rules on the freedom of speech in parliament and the rights of parliament.
The document was promulgated to entrench the rights of English citizens in their constitution and to give the citizens the basic freedoms and rights that all human beings ought to be given. The Bill for instance set the requirement to regular free and fair elections to parliament and the right to file petitions and challenge the monarch without fear of reprisals (Patterson, 28). This law was to ensure that the people were led by leaders of their choice and the end of dictatorial leaderships. In addition to setting the conditions of running parliament, the document also set standards of Protestants to establish defence in the confines of the laws. This move was to increase the freedom of association and worship since Christianity was quickly taking root in England. It was important to openly protect the rights of the many people who were subscribing to the Christian faith (Patterson, 32). The document openly condemned the actions by James II when he ordered for the disarmament of Protestants when on the other hand rapists were being provided with employment and armed against the law. According to Patterson, the rights provided for in English Bill of Rights, are in tandem with the views of English political analyst, John Locke (32).
Did the document achieve its purpose?
The English Bill of Rights achieved its purpose then and is still in effect to this very day. It has been combined with the 1701 Act of Parliament and modified regularly to suit the needs of the contemporary British society (Patterson, 37). The Act forms a pivotal part of the current laws that constitute the laws that govern the succession of monarchs to the throne in the United Kingdom. The effects of the English Bill of Rights were also applied to the British colonies. The implementation of the 1931 Statute of Westminster in all the British colonies strengthened the English Bill of Rights and it could only be overruled by the parliament of the colony in which it was applied because it affected the succession of the colony (Patterson, 42).
In the UK, the English Bill of Rights is strengthened by the Habeas Corpus Act of 1679, the Magna Carta and the Parliament Acts of 1911 and 1949. The document applies in part in Scotland as The Claim of Right Act. Due to the effectiveness of the English Bill of Rights, the Americans adopted some of its provisions to form the United States Bill of Rights (Walker, 17). Historical importance of the document The English Bill of Rights has massive historical importance. The bill set the precedence for numerous Bills of Rights in the world such as that of the United States and also those of former British Colonies. There are two coins unveiled in 1989 to celebrate the 1689 Bill of Rights. One of them is the Claim of Rights and the other is the Bill of Rights (Patterson, 50).
Assessment of the English Bill of Rights In my assessment of the English Bill of Rights, I find it as one of the most important ancient declarations that set the pace for the entrenchment of human rights and freedoms in constitutions. I think its core provisions such as independence if the legislature (parliament) is at the core of modern democracies and it has only been modified to suit the dynamic needs of contemporary societies. Conclusion
The English Bill of Rights is an Act of the English parliament that was established in 1689 and was meant to declare the rights and liberties of the subject and the settling of succession of the crown. It provided for minimal interference of the royal monarch in matters about parliament, the freedom of worship as exemplified in the declaration for the armament of Protestants, the right to petition monarchs among other freedoms and rights. The Bill of Rights is still in effect to date and it is backed by the 1701 Act of Parliament, the Habeas Corpus Act of 1679, and the Magna Carta among others. It also set the precedence for the formulation of the American Bill of Rights and also influenced the formation of similar Bills in the Commonwealth countries.
Works Cited
Halsall, Paul, Bill of Rights 1689 From The Statutes: Revised Edition (London: Eyre and Spottiswoode, 1871), Vol. 2, pp. 10-12. 1997. Web. 14 May 2013 from: http://www.fordham.edu/halsall/mod/1689billofrights.asp
Patterson, John. The Bill of Rights: Politics, Religion, and the Quest for Justice. New York: iUniverse, 2004. Print.
Walker, Samuel. Civil Liberties in America: A Reference Handbook. Oxford: ABC-Clio, 2003. Print
