History of the British constitution
Encyclopedia
The History of the Constitution of the United Kingdom
is a story that begins before the creation of the United Kingdom
itself and continues to the present day. The UK constitution is not in a single, written document, but is drawn from legislation
, treaties, judicial precedents, convention
, and numerous other sources.
was formed in the mid 9th Century and what is now recognized as England came about in 927 AD when the last of the Heptarchy
kingdoms fell under the rule of the English King. On October 14, 1066
, King Harold II of England was killed while leading his men in the Battle of Hastings against Duke William of Normandy. The event completely changed the course of English history. Until 1066, England
was ruled by monarch
s that were elected
by the witan, (which means wise). There were various elements of democracy at a local level too.
(c. 1068 – December 1, 1135) was king from 1100 to 1135. When he ascended to the throne he granted the Charter of Liberties
. This document is not a Bill of Rights
but a series of decrees and assurances. Probably the most important statement in the charter is at the beginning, where the king admits "that by the mercy of God and the common counsel of the barons of the whole kingdom of England
I have been crowned king of said kingdom". This represents a step away from absolute monarchy
and a step toward constitutionalism. The king had recognised that the right to rule came not only from God but also from the common counsel of the barons.
From this point onward, and more especially between the reigns of King John
and Charles II
, the power structure in England
evolved from an essentially absolutist model to an essentially constitutional one.
His reign was fraught with conflicts. There was conflict between England and France, between England and the Pope
and between the King and the baron
s.
Eventually the barons forced John to sign the Magna Carta
, often looked upon as the first truly significant document in a long succession of documents over the centuries up to the present day which collectively constitute the legal sovereignty
of the land now known as the United Kingdom
. The constitution
of this sovereignty is thus distributed across many historical precedent
s rather than written in one piece.
Henry III
(1 October 1207 – 16 November 1272) succeeded his father John. Henry was only nine years of age when he became king and so the country was ruled by regent
s until Henry reached the age of 20. Under pressure from the barons, led by Simon de Montfort, 6th Earl of Leicester
, Henry had to accept the existence of the first English Parliament
.
In the next century, in the reign of Richard II
there was an uprising, the Peasants' Revolt
(1381). The revolt came very, very close to getting their demands (such as fair rents and the abolition of serfdom) granted by the king but at the end the protesters were tricked out of it all. The revolt remains as an important moment in history, but failed to contribute to the written body of the constitution.
the "supreme head" of the Church of England
. Henry VIII died in 1547, leaving three children as potential heirs:
The first Act of Supremacy had made King Henry VIII the supreme head of the Church of England and the second Act of Supremacy (1559) restored these powers for Elizabeth I, reversing Catholic legislation passed during the reign of Mary, though the title Elizabeth gained was "Supreme Governor of the Church of England
" rather than "supreme head" so as not to imply that she had control over the church's doctrine. The act also required all officials and clergy to make an oath of allegiance acknowledging her as the governor of the Church of England.
The monarchy had to get the consent of Parliament in all issues, but with the threat of war looming from Spain
, Parliament showed great loyalty toward Queen Elizabeth I since she was a strong leader. When the Spanish Armada
was defeated (1588), the Parliament felt safe and thus it decreased its loyalty to the monarchy.
The Parliament consisted of two levels of administration: the House of Lords
that was made up of the influential Nobles
, and the House of Commons
that was made up of influential and representative members of the middle-class.
The House of Commons had grown sharply, doubling in size due to the prosperity of the middle-class during that time. There were a number of vocal Puritan
s in the House of Commons (although the extent to which they influenced the Commons is disputed, Sir John Neale identified a unified bloc of 43 MPs, whereas revisionists have suggested that this is an exaggeration) who they began asking for more rights for the Puritans, but Elizabeth I was strong enough not to ignore their demands. James I
would have problems with them.
John Aylmer
, a Greek scholar, saw an immediate resemblance of the Tudor constitution with that of the classical republic
of Sparta
. Geoffrey Elton, who wrote The Tudor Constitution, gave hearty approval to Aylmer's conclusions. It was the Greek scholars, such as Aylmer, that popularized the Greek classical political terminology and influenced British constitutionalist thought. They brought forward the idea of mixed government
from Classical antiquity
and applied it to their form of government.
James VI faced a fractious religious England since it contained Anglicans (of the Anglican Church (Church of England)), Puritans, Separatists (who wanted to break from the Anglican Church), and Catholics.
James VI was a believer in the Divine Right of Kings
Theory, which stated that Kings were chosen by God
and should therefore be absolute and answerable only to God. This was corroborated by his Presbyterian belief in predestination, and such a birthright as kingship made him almost explicitly a part of the elect. Though he was Presbyterian (Calvinist, Huguenot, Puritan), he was against the Presbyterian idea of allowing the congregation (people) to elect their presbyters (church officials) since it undermined his absolutism
(according to the Divine Right). Thus he was often at odds with the Puritans, who were English Presbyterians.
He did concede to the Puritans by allowing them to create the "King James Bible" that was an "English" translation and interpretation of the Bible.
Then James VI began fighting with the Catholics, but eventually gave them rights (after his secretly Catholic wife probably persuaded him to), exempting the Catholics from having to pay the tithe to the Anglican Church, but this caused a great decrease in Anglican Church revenue, so he quickly took those rights away. The actions of King James VI were unpopular during his reign.
The Parliament's main power at this time was its control of the tax
es. The Parliament demanded more power over the taxes. Traditionally, Parliament had voted at the beginning of a King's reign on the amount allowed for a King's Tonnage and Poundage
, the customs
duties (taxes on imported goods like wool and wine) that made up a large portion of a king's annual income. Now the Parliament wanted to re-evaluate these taxes annually, which would give them more control over the king. James I resisted this abrogation of his 'Divine Right' and dealt with the situation by dissolving the Parliament. Charles I did the same at first and later just ignored its annual evaluations.
Charles acquired much of his money with forced loans from the nobles. He also received a lot of money through taxes. One important tax that Charles collected was the Ship Money
tax that required the counties bordering the sea to fund a navy
to protect the English coastline. The coastal counties were unhappy with it since Charles was collecting the Ship Money tax during a time of peace and since he wasn't using it really to fund the navy. To get even more money, Charles placed the Ship Money tax on the interior counties as well, which angered the English people, because now Charles was creating new taxes without the consent of the Parliament, which was against the (unwritten) law. A man in London named John Hampden
, who was also a member of Parliament, refused to pay this "new," interior Ship Money tax, so he was tried for a crime by Charles I and lost with a vote of 7 to 5. This meant that 5 of 12 jurors were against their king, which did not look good or bode well for Charles I.
But, Charles I was at war with France and Spain, and this drained a lot of money from him, so he was forced to call upon Parliament (1629) to make new taxes for him. Parliament would not grant Charles new taxes (more money) until he had signed the Petition of Right
s that established conditions in which Charles had to submit to the law of the Parliament. It stipulated that:
After Charles got the taxes from Parliament (1629), he dissolved Parliament and broke the tenets of the Petition of Rights (since he believed in the Divine Right of Kings Theory).
William Laud
and Thomas Wentworth
were appointed to fill the void that the Duke of Buckingham left.
On top of the wars England had with France and with Spain (both caused by the Duke of Buckingham), Charles I and William Laud (the Archbishop of Canterbury) began a war with Scotland in an attempt to convert Scotland to the Church of England (the Anglican Church). This was called the Bishops' War
(1639–1640) and it had two major parts: The first Bishops' War (1639) ended in a truce. The second Bishops' War, the following year, began with the a Scottish invasion of England in which the Scottish defeated the English and remained stationed in England until their issues were solved. To get the Scottish out, Charles I signed the Treaty of Ripon
(1640), which required England to pay an indemnity
of £850 for each day that the Scottish were stationed in England.
During the second part of the Bishops' War, Charles I had run very low on money (since he was also fighting France and Spain), so he was forced to call a Parliament to make new taxes. He and the Parliament could not agree on anything, so after three weeks, Charles I dissolved the Parliament. Then he desperately needed new taxes, so Charles I called a Parliament again and it would only help him if he agreed to some terms, which ultimately made Charles I a constitutional monarch. It was called the Long Parliament
(1640–1660), because it was not officially dissolved by its own vote until 1660.
These terms were:
Most of England believed that Parliament had done enough to curb the power of King Charles I, but the radicals in Parliament (the extremist Puritans) and the radicals around the country (again, extremist Puritans) wanted to reform the Church of England by getting rid of the bishops (and all other things with the semblance of Catholicism) and by establishing the Puritans' method of worship as the standard. This caused a political division in Parliament, so Charles I took advantage of it. He then sent 500 soldiers into the House of Commons to arrest five of the Puritans' ringleaders (John Hampden included). The five ringleaders had been tipped off, so they had left Parliament and Charles I was left with only shame for storming Parliament.
King Charles I left London and went to Oxford
, and the English Civil War
began (1642). The North and West of England were on Charles I's side (along with most of the Nobles and country gentry). They were known as the Cavaliers. Charles I created an army illegally (since he needed the Parliament's consent).
The South and East of England were on Parliament's side and were known as Roundhead
s, for their haircuts. In response to Charles I raising an army, they did so as well. Yet, they didn't have the military might that King Charles I (and his nobles) had, so they solicited the help of the Scottish with the Solemn League and Covenant
that promised to impose the Presbyterian religion on the Church of England. They called their army the New Model Army
and they made its commander Oliver Cromwell
, who was also a member of Parliament. The New Model Army was composed mostly of Presbyterians.
The Presbyterian Roundheads were interested in freedom to practice their religion and not in making the Presbyterian religion the state religion.
Cromwell proposed that Parliament reinstate the bishops of the Church of England and King Charles I as a constitutional monarch, but allow for the toleration of other religions. Though at the end of the war, the people of England could accept Charles I back in office but not religious toleration. They also wanted the New Model Army dissolved since it was a provocative factor. Thus Parliament disallowed religious toleration and voted to disband the New Model Army, but the New Model Army refused the order.
Charles I then made the same deal that the Roundheads had made with the Scottish and Parliamentary Presbyterians. He solicited the help of Scotland (and the Presbyterians) and in return he promised to impose Presbyterianism on England. The New Model Army would not allow this deal to be made (because it would give Charles I military power once more). Thus a "new" civil war broke out in 1648.
This time, Scotland, the Parliamentary Presbyterians and the royalists were on the side of Charles I. The New Model Army and the rest of Parliament were against him.
In the Battle of Preston
(1648) Cromwell and his New Model Army defeated Charles I.
Then one of Cromwell's officers, Colonel Pride, destroyed the Presbyterian majority in Parliament by driving out of Parliament 143 Presbyterians of the 203 (leaving behind 60). The new Parliament constituted a Rump Parliament
, which was a Parliament in which the minority (Presbyterians) carried on in the name of the majority that was kicked out. The Rump Parliament:
Scotland was against Cromwell's "Commonwealth" (Republic) and declared Charles I's son king at Edinburgh as King Charles II
, but Cromwell and the New Model Army defeated him (1650) and he fled to France where he stayed until 1660.
Cromwell then went to Ireland to govern it, but was "disgusted" with the Catholics, so he massacred many of them (in battle) and so the Irish rebelled against him as well.
Cromwell then dissolved the Rump Parliament and declared himself to be the Lord Protector (dictator).
, who tried to keep power militarily and absolutely, but he was also incapable of unifying all of the diverse groups (religious and ethnic). General George Monk
came down from Scotland and overthrew Richard. He then invited the remnants of the Long Parliament (the Rump Parliament
) to reconvene. The Long Parliament met and officially ended (in 1660, after being open since 1640) when it voted to dissolve itself and create a new Parliament. The new Parliament began the Restoration
(of the monarchy) by choosing Charles I's son Charles II to be the King of England.
which had supported the republicans during the civil war. The Diggers were not satisfied with what had been gained by the war against the king and wanted instead a dismantling of the state. They can be best understood through such philosophies as libertarianism
, anarchism
, and religious communism
.
Also at this time the Polish Brethren
arrived in England and Holland. The sect of Polish Brethren had been driven out of Poland
after The Deluge
because they were commonly considered to be collaborators with the Swedish
.
Their radical
ideas had influence in Poland, Holland and England, particularly upon the philosophy of John Locke
; he, in turn, had a profound influence upon the development of political ideas of liberty. They have thus influenced the founders of the United States of America
.
was created by the political union
of the Kingdom of England
(which included Wales
) and the Kingdom of Scotland
. This event was the result of the Treaty of Union
that was agreed on 22 July 1706, and then ratified by both the Parliament of England
and Parliament of Scotland
each passing an Act of Union
in 1707.
, which had been ruled by English and British monarchs since the Middle Ages, with the passing of the Act of Union 1800
.
for all people 18 or over that exists today. See also: Reform Act
s.
's first term (1997–2001), it introduced a large package of constitutional reforms, which it promised in its 1997 manifesto. The most major were:
voted on seven options in February 2003 on what proportion of elected and appointed members (from 100% elected to 100% appointed) the House of Lords
should have. None of the options received a majority.
In 2004, the Joint Committee
(of both the House of Commons and House of Lords) tasked with overseeing the drafting of the proposed Civil Contingencies Bill, published its first report, in which, amongst other things, it suggested amending the bill's clauses that grant Cabinet Ministers the power "to disapply or modify any Act of Parliament
" as overly wide, and that the bill should be modified to preclude changes to the following Acts, which, it suggested, formed "the fundamental parts of constitutional law" of the United Kingdom (names are shown as they appear in Hansard
: http://www.publications.parliament.uk/pa/jt200203/jtselect/jtdcc/184/18407.htm#a44):
However, this amendment was defeated by the government.
:Category:English constitutionalists
Constitution of the United Kingdom
The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...
is a story that begins before the creation of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
itself and continues to the present day. The UK constitution is not in a single, written document, but is drawn from legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
, treaties, judicial precedents, convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
, and numerous other sources.
Before the Norman Conquest
The Kingdom of EnglandKingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
was formed in the mid 9th Century and what is now recognized as England came about in 927 AD when the last of the Heptarchy
Heptarchy
The Heptarchy is a collective name applied to the Anglo-Saxon kingdoms of south, east, and central Great Britain during late antiquity and the early Middle Ages, conventionally identified as seven: Northumbria, Mercia, East Anglia, Essex, Kent, Sussex and Wessex...
kingdoms fell under the rule of the English King. On October 14, 1066
Norman conquest of England
The Norman conquest of England began on 28 September 1066 with the invasion of England by William, Duke of Normandy. William became known as William the Conqueror after his victory at the Battle of Hastings on 14 October 1066, defeating King Harold II of England...
, King Harold II of England was killed while leading his men in the Battle of Hastings against Duke William of Normandy. The event completely changed the course of English history. Until 1066, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
was ruled by monarch
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
s that were elected
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
by the witan, (which means wise). There were various elements of democracy at a local level too.
The Normans
Henry I of EnglandHenry I of England
Henry I was the fourth son of William I of England. He succeeded his elder brother William II as King of England in 1100 and defeated his eldest brother, Robert Curthose, to become Duke of Normandy in 1106...
(c. 1068 – December 1, 1135) was king from 1100 to 1135. When he ascended to the throne he granted the Charter of Liberties
Charter of Liberties
The Charter of Liberties, also called the Coronation Charter, was a written proclamation by Henry I of England, issued upon his accession to the throne in 1100. It sought to bind the King to certain laws regarding the treatment of church officials and nobles...
. This document is not a Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
but a series of decrees and assurances. Probably the most important statement in the charter is at the beginning, where the king admits "that by the mercy of God and the common counsel of the barons of the whole kingdom of England
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
I have been crowned king of said kingdom". This represents a step away from absolute monarchy
Absolute monarchy
Absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government, his or her power not being limited by a constitution or by the law. An absolute monarch thus wields unrestricted political power over the...
and a step toward constitutionalism. The king had recognised that the right to rule came not only from God but also from the common counsel of the barons.
From this point onward, and more especially between the reigns of King John
John of England
John , also known as John Lackland , was King of England from 6 April 1199 until his death...
and Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
, the power structure in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
evolved from an essentially absolutist model to an essentially constitutional one.
The Plantagenets
King John (24 December 1167 – October 19, 1216) was King of England from 1199 to 1216. He was the youngest brother of Richard I.His reign was fraught with conflicts. There was conflict between England and France, between England and the Pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
and between the King and the baron
Baron
Baron is a title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin baro meaning " man, warrior"; it merged with cognate Old English beorn meaning "nobleman"...
s.
Eventually the barons forced John to sign the Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
, often looked upon as the first truly significant document in a long succession of documents over the centuries up to the present day which collectively constitute the legal sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
of the land now known as the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. The constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of this sovereignty is thus distributed across many historical precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s rather than written in one piece.
Henry III
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
(1 October 1207 – 16 November 1272) succeeded his father John. Henry was only nine years of age when he became king and so the country was ruled by regent
Regent
A regent, from the Latin regens "one who reigns", is a person selected to act as head of state because the ruler is a minor, not present, or debilitated. Currently there are only two ruling Regencies in the world, sovereign Liechtenstein and the Malaysian constitutive state of Terengganu...
s until Henry reached the age of 20. Under pressure from the barons, led by Simon de Montfort, 6th Earl of Leicester
Simon de Montfort, 6th Earl of Leicester
Simon de Montfort, 6th Earl of Leicester, 1st Earl of Chester , sometimes referred to as Simon V de Montfort to distinguish him from other Simon de Montforts, was an Anglo-Norman nobleman. He led the barons' rebellion against King Henry III of England during the Second Barons' War of 1263-4, and...
, Henry had to accept the existence of the first English Parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
.
In the next century, in the reign of Richard II
Richard II of England
Richard II was King of England, a member of the House of Plantagenet and the last of its main-line kings. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince, and was born during the reign of his grandfather, Edward III...
there was an uprising, the Peasants' Revolt
Peasants' Revolt
The Peasants' Revolt, Wat Tyler's Rebellion, or the Great Rising of 1381 was one of a number of popular revolts in late medieval Europe and is a major event in the history of England. Tyler's Rebellion was not only the most extreme and widespread insurrection in English history but also the...
(1381). The revolt came very, very close to getting their demands (such as fair rents and the abolition of serfdom) granted by the king but at the end the protesters were tricked out of it all. The revolt remains as an important moment in history, but failed to contribute to the written body of the constitution.
The Tudors
The first Act of Supremacy (1534) made King Henry VIIIHenry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
the "supreme head" of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
. Henry VIII died in 1547, leaving three children as potential heirs:
The first Act of Supremacy had made King Henry VIII the supreme head of the Church of England and the second Act of Supremacy (1559) restored these powers for Elizabeth I, reversing Catholic legislation passed during the reign of Mary, though the title Elizabeth gained was "Supreme Governor of the Church of England
Supreme Governor of the Church of England
The Supreme Governor of the Church of England is a title held by the British monarchs which signifies their titular leadership over the Church of England. Although the monarch's authority over the Church of England is not strong, the position is still very relevant to the church and is mostly...
" rather than "supreme head" so as not to imply that she had control over the church's doctrine. The act also required all officials and clergy to make an oath of allegiance acknowledging her as the governor of the Church of England.
The monarchy had to get the consent of Parliament in all issues, but with the threat of war looming from Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, Parliament showed great loyalty toward Queen Elizabeth I since she was a strong leader. When the Spanish Armada
Spanish Armada
This article refers to the Battle of Gravelines, for the modern navy of Spain, see Spanish NavyThe Spanish Armada was the Spanish fleet that sailed against England under the command of the Duke of Medina Sidonia in 1588, with the intention of overthrowing Elizabeth I of England to stop English...
was defeated (1588), the Parliament felt safe and thus it decreased its loyalty to the monarchy.
The Parliament consisted of two levels of administration: the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
that was made up of the influential Nobles
Nobility
Nobility is a social class which possesses more acknowledged privileges or eminence than members of most other classes in a society, membership therein typically being hereditary. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be...
, and the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
that was made up of influential and representative members of the middle-class.
The House of Commons had grown sharply, doubling in size due to the prosperity of the middle-class during that time. There were a number of vocal Puritan
Puritan
The Puritans were a significant grouping of English Protestants in the 16th and 17th centuries. Puritanism in this sense was founded by some Marian exiles from the clergy shortly after the accession of Elizabeth I of England in 1558, as an activist movement within the Church of England...
s in the House of Commons (although the extent to which they influenced the Commons is disputed, Sir John Neale identified a unified bloc of 43 MPs, whereas revisionists have suggested that this is an exaggeration) who they began asking for more rights for the Puritans, but Elizabeth I was strong enough not to ignore their demands. James I
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
would have problems with them.
John Aylmer
John Aylmer (classicist)
John Aylmer was born in Hampshire, educated at Winchester College, and admitted as a perpetual fellow of New College, Oxford after two years of probation...
, a Greek scholar, saw an immediate resemblance of the Tudor constitution with that of the classical republic
Classical republic
A classical republic, according to certain modern political theorists, is a state of Classical Antiquity that is considered to have a republican form of government, a state where sovereignty rested with the people rather than a ruler or monarch. These include states like Sparta, Athens, and the...
of Sparta
Sparta
Sparta or Lacedaemon, was a prominent city-state in ancient Greece, situated on the banks of the River Eurotas in Laconia, in south-eastern Peloponnese. It emerged as a political entity around the 10th century BC, when the invading Dorians subjugated the local, non-Dorian population. From c...
. Geoffrey Elton, who wrote The Tudor Constitution, gave hearty approval to Aylmer's conclusions. It was the Greek scholars, such as Aylmer, that popularized the Greek classical political terminology and influenced British constitutionalist thought. They brought forward the idea of mixed government
Mixed government
Mixed government, also known as a mixed constitution, is a form of government that integrates elements of democracy, aristocracy, and monarchy. In a mixed government, some issues are decided by the majority of the people, some other issues by few, and some other issues by a single person...
from Classical antiquity
Classical antiquity
Classical antiquity is a broad term for a long period of cultural history centered on the Mediterranean Sea, comprising the interlocking civilizations of ancient Greece and ancient Rome, collectively known as the Greco-Roman world...
and applied it to their form of government.
James VI and I
When Queen Elizabeth I died (1603) without issue, she was succeeded by her cousin James VI of Scotland, the son of Mary, Queen of Scots, and he became King James I of England. This was a major step towards creating a united kingdom.James VI faced a fractious religious England since it contained Anglicans (of the Anglican Church (Church of England)), Puritans, Separatists (who wanted to break from the Anglican Church), and Catholics.
James VI was a believer in the Divine Right of Kings
Divine Right of Kings
The divine right of kings or divine-right theory of kingship is a political and religious doctrine of royal and political legitimacy. It asserts that a monarch is subject to no earthly authority, deriving his right to rule directly from the will of God...
Theory, which stated that Kings were chosen by God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
and should therefore be absolute and answerable only to God. This was corroborated by his Presbyterian belief in predestination, and such a birthright as kingship made him almost explicitly a part of the elect. Though he was Presbyterian (Calvinist, Huguenot, Puritan), he was against the Presbyterian idea of allowing the congregation (people) to elect their presbyters (church officials) since it undermined his absolutism
Absolute monarchy
Absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government, his or her power not being limited by a constitution or by the law. An absolute monarch thus wields unrestricted political power over the...
(according to the Divine Right). Thus he was often at odds with the Puritans, who were English Presbyterians.
He did concede to the Puritans by allowing them to create the "King James Bible" that was an "English" translation and interpretation of the Bible.
Then James VI began fighting with the Catholics, but eventually gave them rights (after his secretly Catholic wife probably persuaded him to), exempting the Catholics from having to pay the tithe to the Anglican Church, but this caused a great decrease in Anglican Church revenue, so he quickly took those rights away. The actions of King James VI were unpopular during his reign.
Charles I and the Civil War
James was succeeded by his son who became Charles I in 1625. Charles I believed in the Divine Right of Kings Theory, like his father, and thus continued to fight with parliament.The Parliament's main power at this time was its control of the tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
es. The Parliament demanded more power over the taxes. Traditionally, Parliament had voted at the beginning of a King's reign on the amount allowed for a King's Tonnage and Poundage
Tonnage and Poundage
Tonnage and Poundage were certain duties and taxes first levied in Edward II's reign on every tun of imported wine, which came mostly from Spain and Portugal, and on every pound weight of merchandise exported or imported. Traditionally tonnage and poundage was granted by Parliament to the king...
, the customs
Customs
Customs is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, transports, personal effects and hazardous items in and out of a country...
duties (taxes on imported goods like wool and wine) that made up a large portion of a king's annual income. Now the Parliament wanted to re-evaluate these taxes annually, which would give them more control over the king. James I resisted this abrogation of his 'Divine Right' and dealt with the situation by dissolving the Parliament. Charles I did the same at first and later just ignored its annual evaluations.
Charles acquired much of his money with forced loans from the nobles. He also received a lot of money through taxes. One important tax that Charles collected was the Ship Money
Ship money
Ship money refers to a tax that Charles I of England tried to levy without the consent of Parliament. This tax, which was only applied to coastal towns during a time of war, was intended to offset the cost of defending that part of the coast, and could be paid in actual ships or the equivalent value...
tax that required the counties bordering the sea to fund a navy
Navy
A navy is the branch of a nation's armed forces principally designated for naval and amphibious warfare; namely, lake- or ocean-borne combat operations and related functions...
to protect the English coastline. The coastal counties were unhappy with it since Charles was collecting the Ship Money tax during a time of peace and since he wasn't using it really to fund the navy. To get even more money, Charles placed the Ship Money tax on the interior counties as well, which angered the English people, because now Charles was creating new taxes without the consent of the Parliament, which was against the (unwritten) law. A man in London named John Hampden
John Hampden
John Hampden was an English politician, the eldest son of William Hampden, of Hampden House, Great Hampden in Buckinghamshire, John Hampden (ca. 15951643) was an English politician, the eldest son of William Hampden, of Hampden House, Great Hampden in Buckinghamshire, John Hampden (ca. 15951643)...
, who was also a member of Parliament, refused to pay this "new," interior Ship Money tax, so he was tried for a crime by Charles I and lost with a vote of 7 to 5. This meant that 5 of 12 jurors were against their king, which did not look good or bode well for Charles I.
But, Charles I was at war with France and Spain, and this drained a lot of money from him, so he was forced to call upon Parliament (1629) to make new taxes for him. Parliament would not grant Charles new taxes (more money) until he had signed the Petition of Right
Petition of right
In English law, a petition of right was a remedy available to subjects to recover property from the Crown.Before the Crown Proceedings Act 1947, the British Crown could not be sued in contract...
s that established conditions in which Charles had to submit to the law of the Parliament. It stipulated that:
- The king could not establish martial law in England during times of Peace.
- The king could not levy taxes without the consent of the Parliament.
- The king could not arbitrarily imprison people.
- The king could not quarter soldiers in private homes.
After Charles got the taxes from Parliament (1629), he dissolved Parliament and broke the tenets of the Petition of Rights (since he believed in the Divine Right of Kings Theory).
William Laud
William Laud
William Laud was Archbishop of Canterbury from 1633 to 1645. One of the High Church Caroline divines, he opposed radical forms of Puritanism...
and Thomas Wentworth
Thomas Wentworth, 1st Earl of Strafford
Thomas Wentworth, 1st Earl of Strafford was an English statesman and a major figure in the period leading up to the English Civil War. He served in Parliament and was a supporter of King Charles I. From 1632 to 1639 he instituted a harsh rule as Lord Deputy of Ireland...
were appointed to fill the void that the Duke of Buckingham left.
On top of the wars England had with France and with Spain (both caused by the Duke of Buckingham), Charles I and William Laud (the Archbishop of Canterbury) began a war with Scotland in an attempt to convert Scotland to the Church of England (the Anglican Church). This was called the Bishops' War
Bishops' Wars
The Bishops' Wars , were conflicts, both political and military, which occurred in 1639 and 1640 centred around the nature of the governance of the Church of Scotland, and the rights and powers of the Crown...
(1639–1640) and it had two major parts: The first Bishops' War (1639) ended in a truce. The second Bishops' War, the following year, began with the a Scottish invasion of England in which the Scottish defeated the English and remained stationed in England until their issues were solved. To get the Scottish out, Charles I signed the Treaty of Ripon
Treaty of Ripon
The Treaty of Ripon was an agreement signed by Charles I, King of England, Scotland, and Ireland, and the Scottish Covenanters on 26 October 1640, in the aftermath of the Second Bishops' War...
(1640), which required England to pay an indemnity
Indemnity
An indemnity is a sum paid by A to B by way of compensation for a particular loss suffered by B. The indemnitor may or may not be responsible for the loss suffered by the indemnitee...
of £850 for each day that the Scottish were stationed in England.
During the second part of the Bishops' War, Charles I had run very low on money (since he was also fighting France and Spain), so he was forced to call a Parliament to make new taxes. He and the Parliament could not agree on anything, so after three weeks, Charles I dissolved the Parliament. Then he desperately needed new taxes, so Charles I called a Parliament again and it would only help him if he agreed to some terms, which ultimately made Charles I a constitutional monarch. It was called the Long Parliament
Long Parliament
The Long Parliament was made on 3 November 1640, following the Bishops' Wars. It received its name from the fact that through an Act of Parliament, it could only be dissolved with the agreement of the members, and those members did not agree to its dissolution until after the English Civil War and...
(1640–1660), because it was not officially dissolved by its own vote until 1660.
These terms were:
- That Charles I had to impeach Thomas Wentworth and William Laud. He reluctantly placed them under arrest and put them in The TowerTower of LondonHer Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...
, executing Wentworth in 1641 (for which Charles I never forgave himself since he was close to Thomas Wentworth) and William Laud in 1645. - Charles I had to agree to the Triennial Act (1641), which required the Parliament to meet every three years with or without the king's consent.
- Charles I had to abolish the Court of the Star ChamberStar ChamberThe Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
, a royal court controlled completely by Charles I in which the prosecutor was also the judge (which pretty much guaranteed a guilty verdict for the defendant) and it was intended to be used to implement the will of the king legally with a "judicial" façadeFacadeA facade or façade is generally one exterior side of a building, usually, but not always, the front. The word comes from the French language, literally meaning "frontage" or "face"....
. It was considered an "extralegal" court. It dealt with odd cases and punishments. - Charles I had to abolish the High Court, which was the same as the Court of the Star Chamber, though it dealt with religious heresy. It was considered an "extralegal" court.
- Charles I had to accept the Grand RemonstranceGrand RemonstranceThe Grand Remonstrance was a list of grievances presented to King Charles I of England by the English Parliament on 1 December 1641, but passed by the House of Commons on the 22nd of November 1641, during the Long Parliament; it was one of the chief events which were to precipitate the English...
and allow the circulation of its copies, and it was a document that outlined (hyperbolicallyHyperboleHyperbole is the use of exaggeration as a rhetorical device or figure of speech. It may be used to evoke strong feelings or to create a strong impression, but is not meant to be taken literally....
) the crimes that officials had accused Charles of committing since the beginning of his reign. Charles I was also never to do any of those crimes again. - Charles I, most importantly, had to agree never to dissolve a Parliament without the consent of the Parliament.
Most of England believed that Parliament had done enough to curb the power of King Charles I, but the radicals in Parliament (the extremist Puritans) and the radicals around the country (again, extremist Puritans) wanted to reform the Church of England by getting rid of the bishops (and all other things with the semblance of Catholicism) and by establishing the Puritans' method of worship as the standard. This caused a political division in Parliament, so Charles I took advantage of it. He then sent 500 soldiers into the House of Commons to arrest five of the Puritans' ringleaders (John Hampden included). The five ringleaders had been tipped off, so they had left Parliament and Charles I was left with only shame for storming Parliament.
King Charles I left London and went to Oxford
Oxford
The city of Oxford is the county town of Oxfordshire, England. The city, made prominent by its medieval university, has a population of just under 165,000, with 153,900 living within the district boundary. It lies about 50 miles north-west of London. The rivers Cherwell and Thames run through...
, and the English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
began (1642). The North and West of England were on Charles I's side (along with most of the Nobles and country gentry). They were known as the Cavaliers. Charles I created an army illegally (since he needed the Parliament's consent).
The South and East of England were on Parliament's side and were known as Roundhead
Roundhead
"Roundhead" was the nickname given to the supporters of the Parliament during the English Civil War. Also known as Parliamentarians, they fought against King Charles I and his supporters, the Cavaliers , who claimed absolute power and the divine right of kings...
s, for their haircuts. In response to Charles I raising an army, they did so as well. Yet, they didn't have the military might that King Charles I (and his nobles) had, so they solicited the help of the Scottish with the Solemn League and Covenant
Solemn League and Covenant
The Solemn League and Covenant was an agreement between the Scottish Covenanters and the leaders of the English Parliamentarians. It was agreed to in 1643, during the First English Civil War....
that promised to impose the Presbyterian religion on the Church of England. They called their army the New Model Army
New Model Army
The New Model Army of England was formed in 1645 by the Parliamentarians in the English Civil War, and was disbanded in 1660 after the Restoration...
and they made its commander Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
, who was also a member of Parliament. The New Model Army was composed mostly of Presbyterians.
Oliver Cromwell and the Commonwealth
Though Parliament won, it was clear to the Scots that it was not going to uphold the Solemn League and Covenant by imposing Presbyterianism on England (Puritanism wasn't quite Presbyterian), so the New Model Army, Parliament and the Scots began falling apart. The Scots were paid for their help and sent back to Scotland.The Presbyterian Roundheads were interested in freedom to practice their religion and not in making the Presbyterian religion the state religion.
Cromwell proposed that Parliament reinstate the bishops of the Church of England and King Charles I as a constitutional monarch, but allow for the toleration of other religions. Though at the end of the war, the people of England could accept Charles I back in office but not religious toleration. They also wanted the New Model Army dissolved since it was a provocative factor. Thus Parliament disallowed religious toleration and voted to disband the New Model Army, but the New Model Army refused the order.
Charles I then made the same deal that the Roundheads had made with the Scottish and Parliamentary Presbyterians. He solicited the help of Scotland (and the Presbyterians) and in return he promised to impose Presbyterianism on England. The New Model Army would not allow this deal to be made (because it would give Charles I military power once more). Thus a "new" civil war broke out in 1648.
This time, Scotland, the Parliamentary Presbyterians and the royalists were on the side of Charles I. The New Model Army and the rest of Parliament were against him.
In the Battle of Preston
Battle of Preston (1648)
The Battle of Preston , fought largely at Walton-le-Dale near Preston in Lancashire, resulted in a victory by the troops of Oliver Cromwell over the Royalists and Scots commanded by the Duke of Hamilton...
(1648) Cromwell and his New Model Army defeated Charles I.
Then one of Cromwell's officers, Colonel Pride, destroyed the Presbyterian majority in Parliament by driving out of Parliament 143 Presbyterians of the 203 (leaving behind 60). The new Parliament constituted a Rump Parliament
Rump Parliament
The Rump Parliament is the name of the English Parliament after Colonel Pride purged the Long Parliament on 6 December 1648 of those members hostile to the Grandees' intention to try King Charles I for high treason....
, which was a Parliament in which the minority (Presbyterians) carried on in the name of the majority that was kicked out. The Rump Parliament:
- Abolished the monarchy and the House of Lords in Parliament (it then executed Charles I after publicly trying him for crimes).
- Created a republic called the "CommonwealthCommonwealth of EnglandThe Commonwealth of England was the republic which ruled first England, and then Ireland and Scotland from 1649 to 1660. Between 1653–1659 it was known as the Commonwealth of England, Scotland and Ireland...
" that was really just a dictatorshipDictatorshipA dictatorship is defined as an autocratic form of government in which the government is ruled by an individual, the dictator. It has three possible meanings:...
run by Cromwell.
Scotland was against Cromwell's "Commonwealth" (Republic) and declared Charles I's son king at Edinburgh as King Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
, but Cromwell and the New Model Army defeated him (1650) and he fled to France where he stayed until 1660.
Cromwell then went to Ireland to govern it, but was "disgusted" with the Catholics, so he massacred many of them (in battle) and so the Irish rebelled against him as well.
Cromwell then dissolved the Rump Parliament and declared himself to be the Lord Protector (dictator).
Richard Cromwell and Charles II
Cromwell died (1658) and was succeeded by his son Richard CromwellRichard Cromwell
At the same time, the officers of the New Model Army became increasingly wary about the government's commitment to the military cause. The fact that Richard Cromwell lacked military credentials grated with men who had fought on the battlefields of the English Civil War to secure their nation's...
, who tried to keep power militarily and absolutely, but he was also incapable of unifying all of the diverse groups (religious and ethnic). General George Monk
George Monck, 1st Duke of Albemarle
George Monck, 1st Duke of Albemarle, KG was an English soldier and politician and a key figure in the restoration of Charles II.-Early life and career:...
came down from Scotland and overthrew Richard. He then invited the remnants of the Long Parliament (the Rump Parliament
Rump Parliament
The Rump Parliament is the name of the English Parliament after Colonel Pride purged the Long Parliament on 6 December 1648 of those members hostile to the Grandees' intention to try King Charles I for high treason....
) to reconvene. The Long Parliament met and officially ended (in 1660, after being open since 1640) when it voted to dissolve itself and create a new Parliament. The new Parliament began the Restoration
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
(of the monarchy) by choosing Charles I's son Charles II to be the King of England.
Popular political movements
In 1649 Diggers, a small people's political reform movement, published The True Levellers Standard Advanced: or, The State of Community opened, and Presented to the Sons of Men. http://darkwing.uoregon.edu/~rbear/digger.html This is another important document in the history of British constitutionalism, though different from the others listed here because the Diggers' declaration comes from the people instead of from the state. They are some times called "True Levellers" to distinguish themselves from a larger political group called the LevellersLevellers
The Levellers were a political movement during the English Civil Wars which emphasised popular sovereignty, extended suffrage, equality before the law, and religious tolerance, all of which were expressed in the manifesto "Agreement of the People". They came to prominence at the end of the First...
which had supported the republicans during the civil war. The Diggers were not satisfied with what had been gained by the war against the king and wanted instead a dismantling of the state. They can be best understood through such philosophies as libertarianism
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
, anarchism
Anarchism
Anarchism is generally defined as the political philosophy which holds the state to be undesirable, unnecessary, and harmful, or alternatively as opposing authority in the conduct of human relations...
, and religious communism
Religious communism
Religious communism is a form of communism centered on religious principles. The term usually refers to a number of egalitarian and utopian religious societies practicing the voluntary dissolution of private property, so that society's benefits are distributed according to a person's needs, and...
.
Also at this time the Polish Brethren
Polish Brethren
The Polish Brethren were members of the Minor Reformed Church of Poland, a Nontrinitarian Protestant church that existed in Poland from 1565 to 1658...
arrived in England and Holland. The sect of Polish Brethren had been driven out of Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
after The Deluge
The Deluge (Polish history)
The term Deluge denotes a series of mid-17th century campaigns in the Polish–Lithuanian Commonwealth. In a wider sense it applies to the period between the Khmelnytsky Uprising of 1648 and the Truce of Andrusovo in 1667, thus comprising the Polish–Lithuanian theaters of the Russo-Polish and...
because they were commonly considered to be collaborators with the Swedish
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
.
Their radical
Radicalism (historical)
The term Radical was used during the late 18th century for proponents of the Radical Movement. It later became a general pejorative term for those favoring or seeking political reforms which include dramatic changes to the social order...
ideas had influence in Poland, Holland and England, particularly upon the philosophy of John Locke
John Locke
John Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...
; he, in turn, had a profound influence upon the development of political ideas of liberty. They have thus influenced the founders of the United States of America
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
The Kingdom of Great Britain
On 1 May 1707, the Kingdom of Great BritainKingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
was created by the political union
Political union
A political union is a type of state which is composed of or created out of smaller states. Unlike a personal union, the individual states share a common government and the union is recognized internationally as a single political entity...
of the Kingdom of England
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
(which included Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
) and the Kingdom of Scotland
Kingdom of Scotland
The Kingdom of Scotland was a Sovereign state in North-West Europe that existed from 843 until 1707. It occupied the northern third of the island of Great Britain and shared a land border to the south with the Kingdom of England...
. This event was the result of the Treaty of Union
Treaty of Union
The Treaty of Union is the name given to the agreement that led to the creation of the united kingdom of Great Britain, the political union of the Kingdom of England and the Kingdom of Scotland, which took effect on 1 May 1707...
that was agreed on 22 July 1706, and then ratified by both the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
and Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
each passing an Act of Union
Acts of Union 1707
The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...
in 1707.
The United Kingdom
The United Kingdom was created by the Union in January 1801 of the Kingdom of Great Britain with the Kingdom of IrelandKingdom of Ireland
The Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...
, which had been ruled by English and British monarchs since the Middle Ages, with the passing of the Act of Union 1800
Act of Union 1800
The Acts of Union 1800 describe two complementary Acts, namely:* the Union with Ireland Act 1800 , an Act of the Parliament of Great Britain, and...
.
Expansion of the electoral franchise
Between 1832 and 1989, numerous Acts of Parliament increased the number of people allowed to vote. The expansion was from 5% of the adult population to the system of universal suffrageUniversal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
for all people 18 or over that exists today. See also: Reform Act
Reform Act
In the United Kingdom, Reform Act is a generic term used for legislation concerning electoral matters. It is most commonly used for laws passed to enfranchise new groups of voters and to redistribute seats in the British House of Commons...
s.
First term
In LabourLabour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
's first term (1997–2001), it introduced a large package of constitutional reforms, which it promised in its 1997 manifesto. The most major were:
- The creation of a devolvedDevolutionDevolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
parliament in ScotlandScotlandScotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and assemblies in WalesWalesWales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and Northern IrelandNorthern IrelandNorthern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, with their own direct elections. - The creation of a devolved assembly in LondonLondonLondon is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
and the associated post of a directly elected Mayor. - The beginning of a process of reform of the House of LordsHouse of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, including the removal of all but 92 hereditary peerHereditary peerHereditary peers form part of the Peerage in the United Kingdom. There are over seven hundred peers who hold titles that may be inherited. Formerly, most of them were entitled to sit in the House of Lords, but since the House of Lords Act 1999 only ninety-two are permitted to do so...
s. - The incorporation of the European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
into UK law by passing the Human Rights Act 1998Human Rights Act 1998The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
. - The passing of the Freedom of Information Act 2000Freedom of Information Act 2000The Freedom of Information Act 2000 is an Act of Parliament of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level...
. - The passing of the Political Parties, Elections and Referendums Act 2000Political Parties, Elections and Referendums Act 2000The Political Parties, Elections and Referendums Act 2000 is an Act of the Parliament of the United Kingdom that sets out how political parties, elections and referendums are to be regulated in the United Kingdom...
, creating the Electoral CommissionElectoral Commission (United Kingdom)The Electoral Commission is an independent body set up by the UK Parliament. It regulates party and election finance and sets standards for well-run elections...
to regulate elections and referendumReferendumA referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s and party spending to an extent. - Bank of EnglandBank of EnglandThe Bank of England is the central bank of the United Kingdom and the model on which most modern central banks have been based. Established in 1694, it is the second oldest central bank in the world...
independence over the interest rateInterest rateAn interest rate is the rate at which interest is paid by a borrower for the use of money that they borrow from a lender. For example, a small company borrows capital from a bank to buy new assets for their business, and in return the lender receives interest at a predetermined interest rate for...
.
Second term
The House of CommonsBritish House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
voted on seven options in February 2003 on what proportion of elected and appointed members (from 100% elected to 100% appointed) the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
should have. None of the options received a majority.
In 2004, the Joint Committee
Joint committee
A Joint Committee is a term in politics that is used to refer to a committee made up of members of both chambers of a bicameral legislature. In other contexts, it refers to a committee with members from more than one organization.-Republic of Ireland:...
(of both the House of Commons and House of Lords) tasked with overseeing the drafting of the proposed Civil Contingencies Bill, published its first report, in which, amongst other things, it suggested amending the bill's clauses that grant Cabinet Ministers the power "to disapply or modify any Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
" as overly wide, and that the bill should be modified to preclude changes to the following Acts, which, it suggested, formed "the fundamental parts of constitutional law" of the United Kingdom (names are shown as they appear in Hansard
Hansard
Hansard is the name of the printed transcripts of parliamentary debates in the Westminster system of government. It is named after Thomas Curson Hansard, an early printer and publisher of these transcripts.-Origins:...
: http://www.publications.parliament.uk/pa/jt200203/jtselect/jtdcc/184/18407.htm#a44):
- Magna Carta 1215Magna CartaMagna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
- Bill of Rights 1689Bill of Rights 1689The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
- Crown and Parliament Recognition Act 1689Crown and Parliament Recognition Act 1689The Crown and Parliament Recognition Act 1689 was an Act of the Parliament of England, passed in 1689. 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...
- Act of Settlement 1701Act of Settlement 1701The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
- Act of Union 1707
- Act of Union 1800Act of Union 1800The Acts of Union 1800 describe two complementary Acts, namely:* the Union with Ireland Act 1800 , an Act of the Parliament of Great Britain, and...
- The Parliament Acts 1911 and 1949Parliament Acts 1911 and 1949The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...
- Life Peerages Act 1958Life Peerages Act 1958The Life Peerages Act 1958 established the modern standards for the creation of life peers by the monarch of the United Kingdom. Life peers are barons and are members of the House of Lords for life, but their titles and membership in the Lords are not inherited by their children. Judicial life...
- Emergency Powers Act 1964Emergency Powers Act 1964The Emergency Powers Act 1964 is an Act of the Parliament of the United Kingdom and was passed to amend the Emergency Powers Act 1920 and make permanent the Defence Regulations 1939...
- European Communities Act 1972European Communities Act 1972 (UK)The European Communities Act 1972 is an Act of the Parliament of the United Kingdom providing for the incorporation of European Community law into the domestic law of the United Kingdom. It is not to be confused with the Irish law of the same name, Act No...
- House of Commons Disqualification Act 1975House of Commons Disqualification Act 1975The House of Commons Disqualification Act 1975 is an Act of the Parliament of the United Kingdom that prohibits certain categories of people from becoming members of the House of Commons...
- Ministerial and Other Salaries Act 1975
- British Nationality Act 1981British Nationality Act 1981The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
- Supreme Court Act 1981
- Representation of the People Act 1983Representation of the People Act 1983The Representation of the People Act 1983 is an Act of the Parliament of the United Kingdom. It changed the British electoral process in the following ways:* Amended the Representation of the People Act 1969....
- Government of Wales Act 1998Government of Wales Act 1998This is about the Act that set up the Welsh Assembly. For the newer Government of Wales Act 2006, see that article.The Government of Wales Act 1998 This is about the Act that set up the Welsh Assembly. For the newer Government of Wales Act 2006, see that article.The Government of Wales Act 1998...
- Human Rights Act 1998Human Rights Act 1998The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
- Northern Ireland Act 1998Northern Ireland Act 1998The Northern Ireland Act 1998 is an Act of the Parliament of the United Kingdom which established a devolved legislature for Northern Ireland, the Northern Ireland Assembly, after decades of direct rule from Westminster....
- Scotland Act 1998Scotland Act 1998The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
- House of Lords Act 1999House of Lords Act 1999The House of Lords Act 1999 was an Act of the Parliament of the United Kingdom that was given Royal Assent on 11 November 1999. The Act reformed the House of Lords, one of the chambers of Parliament. For centuries, the House of Lords had included several hundred members who inherited their seats;...
- And the bill itself (presumably to be named the Civil Contingencies Act 2004Civil Contingencies Act 2004The Civil Contingencies Act 2004 is an Act of the Parliament of the United Kingdom that establishes a coherent framework for emergency planning and response ranging from local to national level...
).
However, this amendment was defeated by the government.
Key documents of the United Kingdom's Constitution
- Charter of LibertiesCharter of LibertiesThe Charter of Liberties, also called the Coronation Charter, was a written proclamation by Henry I of England, issued upon his accession to the throne in 1100. It sought to bind the King to certain laws regarding the treatment of church officials and nobles...
(1100) - served as the model for the Magna Carta (The Great Charter) in 1215. - Magna CartaMagna CartaMagna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
(1215) — largely repealed today except clauses 1, 13, and 39 - The Petition of RightPetition of rightIn English law, a petition of right was a remedy available to subjects to recover property from the Crown.Before the Crown Proceedings Act 1947, the British Crown could not be sued in contract...
(1628) - English Bill of Rights (1688)
- Act of Settlement 1701Act of Settlement 1701The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
- Acts of Union 1707Acts of Union 1707The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...
- Act of Union 1800Act of Union 1800The Acts of Union 1800 describe two complementary Acts, namely:* the Union with Ireland Act 1800 , an Act of the Parliament of Great Britain, and...
- Scotland Act of 1998 and Associated Legislation
- Government of Wales Act of 1998 and Associated LegislationGovernment of Wales Act 1998This is about the Act that set up the Welsh Assembly. For the newer Government of Wales Act 2006, see that article.The Government of Wales Act 1998 This is about the Act that set up the Welsh Assembly. For the newer Government of Wales Act 2006, see that article.The Government of Wales Act 1998...
- Northern Ireland Act of 1998 and Associated Legislation
- The Belfast AgreementBelfast AgreementThe Good Friday Agreement or Belfast Agreement , sometimes called the Stormont Agreement, was a major political development in the Northern Ireland peace process...
(1998) - The Human Rights Act (1998)
See also
- Basic LawBasic LawThe term basic law is used in some places as an alternative to "constitution", implying it is a temporary but necessary measure without formal enactment of constitution. A basic law is either a codified constitution, or in countries with uncodified constitutions, a law given to have constitution...
- British constitutional law
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- Constitutional monarchyConstitutional monarchyConstitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
- Ministry of JusticeMinistry of Justice (United Kingdom)The Ministry of Justice is a ministerial department of the UK Government headed by the Secretary of State for Justice and Lord Chancellor, who is responsible for improvements to the justice system so that it better serves the public...
- English Bill of Rights
:Category:English constitutionalists
- English lawEnglish lawEnglish law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
- Glorious RevolutionGlorious RevolutionThe Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
- History of democracyHistory of democracyThe history of democracy traces back to Athens to its re-emergence and rise from the 17th century to the present day. According to one definition, democracy is a political system in which all the members of the society have an equal share of formal political power...
- History of EnglandHistory of EnglandThe history of England concerns the study of the human past in one of Europe's oldest and most influential national territories. What is now England, a country within the United Kingdom, was inhabited by Neanderthals 230,000 years ago. Continuous human habitation dates to around 12,000 years ago,...
- History of the United KingdomHistory of the United KingdomThe history of the United Kingdom as a unified sovereign state began with the political union of the kingdoms of England, which included Wales, and Scotland on 1 May 1707 in accordance with the Treaty of Union, as ratified by the Acts of Union 1707...
- Lord Chancellor's DepartmentLord Chancellor's DepartmentThe Lord Chancellor's Department was a United Kingdom government department answerable to the Lord Chancellor with jurisdiction over England and Wales....
- Secretary of State for Justice