Petitioner
Encyclopedia
A petitioner is a person
who pleads with governmental institution for a legal remedy
or a redress of grievances, through use of a petition
.
has acted unlawfully. In this case, the petitioner, often called a plaintiff
, will submit a plea to a court
to resolve the dispute.
itself, rather than against a breach of the law or a failure of the machinery of government to appropriately enforce it. In this case, the petitioner is said to seek "redress of grievances"; this is a political act instead of a legal one, and usually involves approaching the legislature
.
The freedom to petition the government for redress of grievances is guaranteed by law in some countries. The English
Bill of Rights
specifically declared, among other things, "That it is the right of subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal". Its American counterpart
likewise commands Congress
to "... make no law... abridging... the right of the people peaceably to assemble, and to petition the government for redress of grievances".
A petitioner need not seek a change to an existing law. Often, petitioners speak against (or in support of) legislative proposals
as these progress.
EX:Subramanyam Swamy has put a petition in 2G case.
, a bill which would prevent the succession to the throne of the Catholic James, Duke of York
, the heir apparent of King Charles II
. After the House of Commons
passed the Bill, Charles dissolved Parliament; when a new Parliament was elected shortly afterwards, Charles simply refused to summon it to meet. The Petitioners got their name from the many petitions they sent to Charles urging him to summon Parliament; they were opposed by the Abhorrers
, who resisted the Exclusion Bill and were in no hurry to see a pro-Exclusion Bill Parliament meet. In the heat of the dispute, the two factions traded insulting epithets; with the result that the Petitioners became known as the Whigs
and their opponents as Tories.
Person
A person is a human being, or an entity that has certain capacities or attributes strongly associated with being human , for example in a particular moral or legal context...
who pleads with governmental institution for a legal remedy
Legal remedy
A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will....
or a redress of grievances, through use of a petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
.
In the courts
The petitioner may seek a legal remedy if the state or another private personPerson
A person is a human being, or an entity that has certain capacities or attributes strongly associated with being human , for example in a particular moral or legal context...
has acted unlawfully. In this case, the petitioner, often called a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
, will submit a plea to a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
to resolve the dispute.
To the government
On the other hand, the petitioner may be complaining against the lawLaw
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
itself, rather than against a breach of the law or a failure of the machinery of government to appropriately enforce it. In this case, the petitioner is said to seek "redress of grievances"; this is a political act instead of a legal one, and usually involves approaching the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
.
The freedom to petition the government for redress of grievances is guaranteed by law in some countries. The English
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...
Bill of Rights
Bill of Rights 1689
The 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 ,...
specifically declared, among other things, "That it is the right of subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal". Its American counterpart
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
likewise commands Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to "... make no law... abridging... the right of the people peaceably to assemble, and to petition the government for redress of grievances".
A petitioner need not seek a change to an existing law. Often, petitioners speak against (or in support of) legislative proposals
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
as these progress.
EX:Subramanyam Swamy has put a petition in 2G case.
The Whig party
A group of 17th century English politicians became known as Petitioners, due to their support of the Exclusion BillExclusion Bill
The Exclusion Crisis ran from 1678 through 1681 in the reign of Charles II of England. The Exclusion Bill sought to exclude the king's brother and heir presumptive, James, Duke of York, from the thrones of England, Scotland and Ireland because he was Roman Catholic...
, a bill which would prevent the succession to the throne of the Catholic James, Duke of York
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
, the heir apparent of 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...
. After the House of Commons
House of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
passed the Bill, Charles dissolved Parliament; when a new Parliament was elected shortly afterwards, Charles simply refused to summon it to meet. The Petitioners got their name from the many petitions they sent to Charles urging him to summon Parliament; they were opposed by the Abhorrers
Abhorrers
Abhorrers, the name given in 1679 to the persons who expressed their abhorrence at the action of those who had signed petitions urging King Charles II of England to assemble Parliament....
, who resisted the Exclusion Bill and were in no hurry to see a pro-Exclusion Bill Parliament meet. In the heat of the dispute, the two factions traded insulting epithets; with the result that the Petitioners became known as the Whigs
British Whig Party
The Whigs were a party in the Parliament of England, Parliament of Great Britain, and Parliament of the United Kingdom, who contested power with the rival Tories from the 1680s to the 1850s. The Whigs' origin lay in constitutional monarchism and opposition to absolute rule...
and their opponents as Tories.