Bill of Rights 1689 in the context of "James II of England"

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⭐ Core Definition: Bill of Rights 1689

The Bill of Rights 1689 (1 Will. & Mar. Sess. 2. c. 2) (sometimes known as the Bill of Rights 1688) is an act of the Parliament of England that set out certain basic civil rights and changed the succession to the English Crown. It remains a crucial statute in English constitutional law.

Largely based on the ideas of political theorist John Locke, the Bill sets out a constitutional requirement for the Crown to seek the consent of the people as represented in Parliament. As well as setting limits on the powers of the monarch, it established the rights of Parliament, including regular parliaments, free elections, and parliamentary privilege. It also listed individual rights, including the prohibition of cruel and unusual punishment and the right not to pay taxes levied without the approval of Parliament. Finally, it described and condemned several misdeeds of James II of England. The Bill of Rights received royal assent on 16 December 1689. It is a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William III and Mary II in February 1689, inviting them to become joint sovereigns of England, displacing James II, who was stated to have abdicated and left the throne vacant.

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Bill of Rights 1689 in the context of Constitution of the United Kingdom

The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no official attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched.

The Supreme Court of the United Kingdom and its predecessor, the Appellate Committee of the House of Lords, have recognised and affirmed constitutional principles such as parliamentary sovereignty, the rule of law, democracy, and upholding international law. It also recognises that some Acts of Parliament have special constitutional status. These include the Magna Carta, which in 1215 required the King to call a "common counsel" (now called Parliament) to represent the people, to hold courts in a fixed place, to guarantee fair trials, to guarantee free movement of people, to free the church from the state, and to guarantee rights of "common" people to use the land. After the Glorious Revolution, the Bill of Rights 1689 and the Claim of Right Act 1689 cemented Parliament's position as the supreme law-making body, and said that the "election of members of Parliament ought to be free". The Treaty of Union in 1706 and the Acts of Union 1707 united the Kingdoms of England, Wales and Scotland, the Acts of Union 1800 joined Ireland, but the Irish Free State separated after the Anglo-Irish Treaty in 1922, leaving Northern Ireland within the UK. After struggles for universal suffrage, the UK guaranteed every adult citizen over 21 years the equal right to vote in the Representation of the People (Equal Franchise) Act 1928. After World War II, the UK became a founding member of the Council of Europe to uphold human rights, and the United Nations to guarantee international peace and security. The UK was a member of the European Union, joining its predecessor in 1973, but left in 2020. The UK is also a founding member of the International Labour Organization and the World Trade Organization to participate in regulating the global economy.

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Bill of Rights 1689 in the context of United States Bill of Rights

The United States Bill of Rights comprises the first ten amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists. The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, to assemble, and other natural and legal rights. Its clear limitations on the government's power in judicial and other proceedings include explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215).

Largely because of the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by Anti-Federalists and then crafted a series of corrective proposals, Congress approved twelve articles of amendment on September 25, 1789, and submitted them to the states for ratification. Contrary to Madison's proposal that the proposed amendments be incorporated into the main body of the Constitution (at the relevant articles and sections of the document), they were proposed as supplemental additions (codicils) to it. Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment. Article One is still pending before the states.

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Bill of Rights 1689 in the context of British Army

The British Army is the land warfare force of the United Kingdom responsible for defending the UK, the British Overseas Territories and Crown Dependencies. The British Army has seen involvement in most of the world's major wars throughout history, including both world wars and was founded in 1707. As of 1 January 2025, the British Army comprises 73,847 regular full-time personnel, 4,127 Gurkhas, 25,742 volunteer reserve personnel and 4,697 "other personnel", for a total of 108,413.

The British Army traces back to 1707 and the formation of the united Kingdom of Great Britain which joined the Kingdoms of England and Scotland into a single state and, with that, united the English Army and the Scots Army as the British Army. The English Bill of Rights 1689 and Scottish Claim of Right Act 1689 require parliamentary consent for the Crown to maintain a peacetime standing army. Members of the British Army swear allegiance to the monarch as their commander-in-chief. The army is administered by the Ministry of Defence and commanded by the Chief of the General Staff.

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Bill of Rights 1689 in the context of Right to petition

The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals.

The right can be traced back to the Bill of Rights 1689, the Petition of Right (1628), and Magna Carta (1215).

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Bill of Rights 1689 in the context of UK constitutional law

The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but principles have emerged over centuries from common law statute, case law, political conventions and social consensus. In 1215, Magna Carta required the King to call "common counsel" or Parliament, hold courts in a fixed place, guarantee fair trials, guarantee free movement of people, free the church from the state, and it enshrined the rights of "common" people to use the land. After the English Civil War and the Glorious Revolution 1688, Parliament won supremacy over the monarch, the church and the courts, and the Bill of Rights 1689 recorded that the "election of members of Parliament ought to be free". The Act of Union 1707 unified England, Wales and Scotland, while Ireland was joined in 1800, but the Republic of Ireland formally separated between 1916 and 1921 through bitter armed conflict. By the Representation of the People (Equal Franchise) Act 1928, almost every adult man and woman was finally entitled to vote for Parliament. The UK was a founding member of the International Labour Organization (ILO), the United Nations, the Commonwealth, the Council of Europe, and the World Trade Organization (WTO).

The constitutional principles of parliamentary sovereignty, the rule of law, democracy and internationalism guide the UK's modern political system. The central institutions of modern government are Parliament, the judiciary, the executive, the civil service and public bodies which implement policies, and regional and local governments. Parliament is composed of the House of Commons, elected by voter constituencies, and the House of Lords which is mostly appointed on the recommendation of cross-political party groups. To make a new Act of Parliament, the highest form of law, both Houses must read, amend, or approve proposed legislation three times. The judiciary is headed by a twelve-member Supreme Court. Underneath are the Court of Appeal for England and Wales, the Court of Appeal in Northern Ireland, and the Court of Session for Scotland. Below these lie a system of high courts, Crown courts, or tribunals depending on the subject in the case. Courts interpret statutes, progress the common law and principles of equity, and can control the discretion of the executive. While the courts may interpret the law, they have no power to declare an Act of Parliament unconstitutional. The executive is headed by the Prime Minister, who must command a majority in the House of Commons. The Prime Minister appoints a cabinet of people who lead each department, and form His Majesty's Government. The King himself is a ceremonial figurehead, who gives royal assent to new laws. By constitutional convention, the monarch does not usurp the democratic process and has not refused royal assent since the Scottish Militia Bill in 1708. Beyond the Parliament and cabinet, a civil service and a large number of public bodies, from the Department of Education to the National Health Service, deliver public services that implement the law and fulfil political, economic and social rights.

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Bill of Rights 1689 in the context of Grievances of the United States Declaration of Independence

The 27 grievances is a section from the United States Declaration of Independence. The Second Continental Congress's Committee of Five drafted the document listing their grievances with the actions and decisions of King George III with regard to the colonies in North America. The Second Continental Congress voted unanimously to adopt and issue the Declaration of Independence on July 4, 1776.

Historians have noted the similarities between John Locke's works and the context of the grievances. Historical precedents such as Magna Carta and The Bill of Rights 1689 had established the principle that the King was not to interfere with the Rights of Englishmen held by the people. In the view of the American colonies, the King had opposed the very purpose of governance by opposing laws deemed necessary for the public good.

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Bill of Rights 1689 in the context of Succession to the British throne

Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.

King Charles III has been the sovereign since 2022, and his heir apparent is his elder son, William, Prince of Wales. William's three children are next, in order of birth: Prince George, Princess Charlotte, and Prince Louis. Fifth in line is Prince Harry, Duke of Sussex, the younger son of the King; sixth is Harry's elder child, Prince Archie. Under the Perth Agreement, which came into effect in 2015, only the first six in line of succession require the sovereign's consent before they marry; without such consent, they and their children would be disqualified from succession.

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