The British Constitution - Revision history

Pankratz at 18:25, 24 November 2011

2011-11-24T18:25:40Z

← Older revision		Revision as of 18:25, 24 November 2011
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	*1707 Union with Scotland		*1707 Union with Scotland
	*1800 Union with Ireland		*1800 Union with Ireland
	*1832 (Also 1867, 1872) [[Reform Acts]]-extended voting rights and established secret ballot		*1832 (Also 1867, 1872) [[Reform Bills\|Reform Acts]]-extended voting rights and established secret ballot
	*1911 Parliament Act, 1918 Reform Act-ended property qualifications for men		*1911 Parliament Act, 1918 Reform Act-ended property qualifications for men
	*1921 Anglo-Irish Treaty signed, removes 26 Counties of Irish Free State from UK		*1921 Anglo-Irish Treaty signed, removes 26 Counties of Irish Free State from UK

Pankratz at 18:25, 24 November 2011

2011-11-24T18:25:00Z

← Older revision		Revision as of 18:25, 24 November 2011
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	===Key Dates===		===Key Dates===

	*1215 Magna Carta		*1215 [[Magna Carta]]
	*1626 [[Charles I]] dismissed Parliament, then subsequently recalled it in order to raise taxes		*1626 [[Charles I]] dismissed Parliament, then subsequently recalled it in order to raise taxes
	*1628 Parliament's Petition of Right to the king to protect subjects from further taxation unauthorised by Parliament		*1628 Parliament's Petition of Right to the king to protect subjects from further taxation unauthorised by Parliament
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	*1642 [[Civil War]] breaks out		*1642 [[Civil War]] breaks out
	*1646 Charles I surrenders		*1646 Charles I surrenders
	1649 Parliament gets right to make laws without the king's approval; Charles I executed; Parliament abolishes the monarchy; Cromwell chairs the New English Commonwealth		1649 Parliament gets right to make laws without the king's approval; Charles I executed; Parliament abolishes the monarchy; [[Oliver Cromwell\|Cromwell]] chairs the New English [[Commonwealth]]
	*1653 [[Oliver Cromwell]] is elected Lord Protector of the Commonwealth		*1653 [[Oliver Cromwell]] is elected Lord Protector of the Commonwealth
	*1660 [[Restoration]]: [[Charles II]] on throne		*1660 [[Restoration]]: [[Charles II]] on throne
	*1688/1689 [[James II]] overthrown in the 'Glorious Revolution'; Enactment of the Bill of Rights		*1688/1689 [[James II]] overthrown in the 'Glorious Revolution'; Enactment of the [[Bill of Rights]]
	*1707 Union with Scotland		*1707 Union with Scotland
	*1800 Union with Ireland		*1800 Union with Ireland
	*1832 (Also 1867, 1872) Reform Acts-extended voting rights and established secret ballot		*1832 (Also 1867, 1872) [[Reform Acts]]-extended voting rights and established secret ballot
	*1911 Parliament Act, 1918 Reform Act-ended property qualifications for men		*1911 Parliament Act, 1918 Reform Act-ended property qualifications for men
	*1921 Anglo-Irish Treaty signed, removes 26 Counties of Irish Free State from UK		*1921 Anglo-Irish Treaty signed, removes 26 Counties of Irish Free State from UK

WikiSysop at 13:17, 9 April 2011

2011-04-09T13:17:00Z

← Older revision		Revision as of 13:17, 9 April 2011
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	# Condemn taxation without parliament's authority		# Condemn taxation without parliament's authority
	# Merchants paying 'illegal' taxes betrayed the Liberty of England		# Merchants paying 'illegal' taxes betrayed the Liberty of England
	*1642 [[Civil ~~war~~]] breaks out		*1642 [[Civil War]] breaks out
	*1646 Charles I surrenders		*1646 Charles I surrenders
	1649 Parliament gets right to make laws without the king's approval; Charles I executed; Parliament abolishes the monarchy; Cromwell chairs the New English Commonwealth		1649 Parliament gets right to make laws without the king's approval; Charles I executed; Parliament abolishes the monarchy; Cromwell chairs the New English Commonwealth
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	==='''Rights of Citizens'''===		==='''Rights of Citizens'''===
	The tradition of recognised liberties to its citizens has a long tradition. As mentioned, even the Magna Carta contained a concept of liberty, although this should not be confused with the modern one, since the definition who is recognized as citizen opened over the time. In the beginning it only meant people with land, people in dependence had no liberty rights. The subject had to obey the king, the farmer the landlord, the servant the master, the slave the owner, the apprentice the employer, the wife the husband, the child the parents etc. This goes back to the Medieval and Early Modern hierarchical World Picture. 1215 there still was the ''lex terrae'' (the Law of the Land). Later on the notion of liberty began to change. In a later yearbook [6,7] it is said that		The tradition of recognised liberties to its citizens has a long tradition. As mentioned, even the Magna Carta contained a concept of liberty, although this should not be confused with the modern one, since the definition who is recognized as citizen opened over the time. In the beginning it only meant people with land, people in dependence had no liberty rights. The subject had to obey the king, the farmer the landlord, the servant the master, the slave the owner, the apprentice the employer, the wife the husband, the child the parents etc. This goes back to the Medieval and Early Modern hierarchical World Picture. 1215 there still was the ''lex terrae'' (the Law of the Land). Later on the notion of liberty began to change. In a later yearbook [6,7] it is said that
	"No freeman shall be taken and imprisoned or distract of any free tenement or of his liberties or free
	customs, or enslaved or exiled, ... Nor will we go upon home nor send upon him, except by the lawful		:"No freeman shall be taken and imprisoned or distract of any free tenement or of his liberties or free customs, or enslaved or exiled, ... Nor will we go upon home nor send upon him, except by the lawful judgement of his peers and by the law of his land. To no one will we sell, to no one will we delay right or justice." [7: p.68]
	judgement of his peers and by the law of his land. To no one will we sell, to no one will we delay right or
	justice." [7: p.68]

	Around 1628 the idea of a ''liber homo'' had already been established: the equal right to any free man and instead of ''lex terrae'' a Common Law was used in trial.		Around 1628 the idea of a ''liber homo'' had already been established: the equal right to any free man and instead of ''lex terrae'' a Common Law was used in trial.

Pankratz at 11:27, 12 July 2010

2010-07-12T11:27:03Z

← Older revision		Revision as of 11:27, 12 July 2010
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	==The Uniqueness of the "British Constitution"==		==The Uniqueness of the "British Constitution"==

	Special about the so-called "British Constitution" is that there is no single document which has the word constitution upon it (see [[Parlamentary Souvereignty]]). However, Walter Bagehot already used the term in his famous work ''The English Constitution'' (1867). Unlike the German ''Grundgesetz'' or the ''Constitution of the United States of America'' (1787), the British version is rather made up of several laws and unwritten customs and a set of various sources from several ages [1,2], e.g.:		Special about the so-called "British Constitution" is that there is no single document which has the word constitution upon it (see: Parlamentary Souvereignty). However, Walter Bagehot already used the term in his famous work ''The English Constitution'' (1867). Unlike the German ''Grundgesetz'' or the ''Constitution of the United States of America'' (1787), the British version is rather made up of several laws and unwritten customs and a set of various sources from several ages [1,2], e.g.:
	*Statutes		*Statutes
	*Conventions		*Conventions

Pankratz at 11:26, 12 July 2010

2010-07-12T11:26:38Z

Pankratz at 10:29, 12 July 2010

2010-07-12T10:29:13Z

← Older revision		Revision as of 10:29, 12 July 2010
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	**Laws should not be dispensed with or suspended without the consent of parliament (articles 1 and 2).		**Laws should not be dispensed with or suspended without the consent of parliament (articles 1 and 2).
	**That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (article 10)		**That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (article 10)
	*Further ~~statutes added later on~~ are '''The Reform Acts''' (1832, 1867, 1872, 1918, 1928), the '''Human Rights Acts''' (1998) and the '''Scotland Act''' (1998)
			*Further legislation are '''The Reform Acts''' (1832, 1867, 1872, 1918, 1928), the '''Human Rights Acts''' (1998) and the '''Scotland Act''' (1998)

	==='''Conventions'''===		==='''Conventions'''===
	*Unwritten practises and understanding influencing the way the ~~goveremnt~~ works -> ~~tradions~~, e.g.:		*Unwritten practises and understanding influencing the way the government works -> traditions, e.g.:
	*The Cabinet itself is established by convention—every government ultimately needs a central decision-making body		*The Cabinet itself is established by convention—every government ultimately needs a central decision-making body
	*The Salisbury-Addison convention: Lords will not obstruct the passage of legislation set out in the government’s election manifesto		*The Salisbury-Addison convention: Lords will not obstruct the passage of legislation set out in the government’s election manifesto
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	*e.g. the summoning, proroguing, and dissolving of Parliament; the appointment of ministers, peers		*e.g. the summoning, proroguing, and dissolving of Parliament; the appointment of ministers, peers

	==='''The ~~Commen~~ Law'''===		==='''The Common Law'''===
	*Practical, ~~everday~~ usage of laws, developed by courts and judges in ~~casese~~ -> ~~president~~		*Practical, everyday usage of laws, developed by courts and judges in cases -> precedent

	==='''European Law''' ===		==='''European Law''' ===
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	==='''International Law''' ===		==='''International Law''' ===
	*~~Interantional~~ courts, tribunals, UN, treaties, customs, diplomacy		*International courts, tribunals, UN, treaties, customs, diplomacy

	==='''Authorities and precedents'''===		==='''Authorities and precedents'''===
	As said, politicians and law must often consult various scholars and former cases of law interpretation to make their decisions, e.g. Walter Bagehot ''The English Constitution'' (1867) [2,4]		As said, politicians and law must often consult various scholars and former cases of law interpretation to make their decisions, e.g. Walter Bagehot ''The English Constitution'' (1867) [2,4] [unclear what is meant by this passage]

	==Central Principles==		==Central Principles==
	==='''Representative Democracy'''===		==='''Representative Democracy'''===
	Once the monarch was the souvereign which meant that he alone ruled the country. But over the more and more monarchical powers were passed on to the ~~goverment~~ (the ministers and the lord chancellor/prime minister) ~~which is elected by the parliament~~. Thus it came to a split of powers: The Queen reigns, but the ~~Parliament rules~~. The general idea is that the Members of the Parliament represent the people who voted for them in a election. [1,2]		Once the monarch was the souvereign which meant that he alone ruled the country. But over the years more and more monarchical powers were passed on to the government (the ministers and the lord chancellor/prime minister). Thus it came to a split of powers: The Queen reigns, but Parliament and the government rule. The general idea is that the Members of the Parliament represent the people who voted for them in a election. [1,2]

	==='''The Rule of Law'''===		==='''The Rule of Law'''===
	Today the law says that ~~everone~~ is equal involving:		Today the law says that everyone is equal involving:
	*Legality (all state actions must be authorised; law should not be arbitrary)		*Legality (all state actions must be authorised; law should not be arbitrary)
	*Certainty (laws should be clear, certain, predictable)		*Certainty (laws should be clear, certain, predictable)
	*Consistence (the law ~~sholud~~ be applied ~~equal~~ to all; no one is above the law)		*Consistence (the law should be applied equally to all; no one is above the law)
	*Accountability (laws are nececcessary to provide a standard to measure the actions of a state)		*Accountability (laws are nececcessary to provide a standard to measure the actions of a state)
	*Due process and access to justice (everyone should get a fair trial before an independent and impartial tribunal) [2]		*Due process and access to justice (everyone should get a fair trial before an independent and impartial tribunal) [2]

Pankratz at 10:20, 12 July 2010

2010-07-12T10:20:39Z

Pankratz at 10:11, 12 July 2010

2010-07-12T10:11:35Z

← Older revision		Revision as of 10:11, 12 July 2010
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	==The Uniqueness of the "British Constitution"==		==The Uniqueness of the "British Constitution"==

	Special about the so-called "British Constitution" is that there is no single document which has the word constitution upon it. (~~See~~ [[Parlamentary Souvereignty]])However, Walter Bagehot already used the term in his famous work ''The English Constitution'' (1867). Unlike the German ''Grundgesetz'' or the ''Constitution of the United States of America'' (1787), the British version is rather made up of several laws and unwritten customs and a set of various sources from several ages [1,2], e.g.:		Special about the so-called "British Constitution" is that there is no single document which has the word constitution upon it (see [[Parlamentary Souvereignty]]). However, Walter Bagehot already used the term in his famous work ''The English Constitution'' (1867). Unlike the German ''Grundgesetz'' or the ''Constitution of the United States of America'' (1787), the British version is rather made up of several laws and unwritten customs and a set of various sources from several ages [1,2], e.g.:
	*Statutes		*Statutes
	*Conventions		*Conventions
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	*Treaties		*Treaties
	*Authorities and precedents		*Authorities and precedents
	Benevolent critics such as Walter Bagehot interpret the British constitutional monarchy as some kind of "organic" "product of evolution rather than design" (Bagehot) , developed gradually of the necessity to maintain ~~a certain~~ security.[3,6]. Or as Jack Straw (MP, Lord Chancellor, Secretary of Justice) says: "a product of many centuries of change, some revolutionary but most gradual and evolutionary...", "the British people have developed an innate understanding of the rights which has come from centuries-old tradition – its in our cultural ~~DNA”~~. A history of around 800 years [3]. Others like Tom Nairn or Christopher Hitchens are in favour of a written constitution in order to get rid of the "ancien regime" of elitist hegemony.		Benevolent critics such as Walter Bagehot interpret the British constitutional monarchy as some kind of "organic" "product of evolution rather than design" (Bagehot) , developed gradually of the necessity to maintain security and stability.[3,6]. Or as Jack Straw (MP, Lord Chancellor, Secretary of Justice) says: "a product of many centuries of change, some revolutionary but most gradual and evolutionary...", "the British people have developed an innate understanding of the rights which has come from centuries-old tradition – its in our cultural DNA". A history of around 800 years [3]. Others like Tom Nairn or Christopher Hitchens are in favour of a written constitution in order to get rid of the "ancien regime" of elitist hegemony.

	==Pros and Cons==		==Pros and Cons==
	Whereas in other countries one can refer to a central document, the British use precedent cases as some kind of ~~muster-~~interpretation ~~of there muddle of laws~~. The advantage is that the British set of sources allow judicial and political flexibility. Bagehot stresses this trait because it allows ~~a pragmatical~~ political decision making according to arisen situations and provides a legal mechanism adoptable to new developments [6]. The disadvantage is that it also implies uncertainty. Therefore politicians as Mr. Straw favour a "New British Constitution" via a Bill of Rights and Responsibilities that give the British a better understanding of what their "Constitution" looks like, what their ~~right~~ and ~~responsibility~~ as ~~subject~~ are and how the political ~~sytsem~~ works [4,5]. Up to now the problem of obscurity pointed out by Bagehot is still present and gets less attention as the Royals in terms of unifying symbol of national identity.		Whereas in other countries one can refer to a central document, the British use precedent cases as some kind of model interpretation. The advantage is that the British set of sources allow judicial and political flexibility. Bagehot stresses this trait because it allows pragmatic political decision making according to arisen situations and provides a legal mechanism adoptable to new developments [6]. The disadvantage is that it also implies uncertainty. Therefore politicians like Mr. Straw favour a "New British Constitution" via a Bill of Rights and Responsibilities that give the British a better understanding of what their "Constitution" looks like, what their rights and responsibilities as subjects are and how the political system works [4,5]. Up to now the problem of obscurity pointed out by Bagehot is still present and gets less attention than the Royals in terms of unifying symbol of national identity.

	==A History of several sources==		==A History of several sources==
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	*1626 Charles I dismissed Parliament, then subsequently recalled it in order to raise taxes		*1626 Charles I dismissed Parliament, then subsequently recalled it in order to raise taxes
	*1628 Parliament's Petition of Right to the king to protect subjects from further taxation unauthorised by Parliament		*1628 Parliament's Petition of Right to the king to protect subjects from further taxation unauthorised by Parliament
	*1629 Three Resolutions of ~~the~~ Parliament:		*1629 Three Resolutions of Parliament:
	# One Condemn any change to the established religion		# One Condemn any change to the established religion
	# Two Condemn taxation without parliament's authority		# Two Condemn taxation without parliament's authority

Karsten: /* Sources */

2010-07-09T19:38:10Z

Sources

← Older revision		Revision as of 19:38, 9 July 2010
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	[6]Bagehot. Walter. ''Die Englische Verfassung''. Ed./Trans. Klaus Streifhau. Berlin: Luchterhand. 1971, 1-38. [please! in the English original!!]		[6]Bagehot. Walter. ''Die Englische Verfassung''. Ed./Trans. Klaus Streifhau. Berlin: Luchterhand. 1971, 1-38. [please! in the English original!!]

	[7]Faith, Thompson. ''Magna Carta''. London: Oxford University Press, 1950: V, 3-10, 33,-69.		[7]Faith, Thompson. ''Magna Carta''. London: Oxford University Press, 1950: V, 3-10, 33,-69.--[[User:Karsten\|Karsten]] 19:38, 9 July 2010 (UTC)

Karsten: /* Authorities and precedents */

2010-07-09T19:37:21Z

Authorities and precedents

← Older revision		Revision as of 19:37, 9 July 2010
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	*Interantional courts, tribunals, UN, treaties, customs, diplomacy		*Interantional courts, tribunals, UN, treaties, customs, diplomacy
	==='''Authorities and precedents'''===		==='''Authorities and precedents'''===
	As said, politicians and law must often consult various scholars and former cases of law interpretation to make their decisions, e.g. Walter Bagehot ''The English Constitution'' (1867) [4]		As said, politicians and law must often consult various scholars and former cases of law interpretation to make their decisions, e.g. Walter Bagehot ''The English Constitution'' (1867) [2,4]

	==Central Principles==		==Central Principles==

← Older revision		Revision as of 11:26, 12 July 2010
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	==Central Principles==		==Central Principles==
	==='''Representative Democracy'''===		==='''Representative Democracy'''===
	Once the monarch was the souvereign which meant that he alone ruled the country. But over the years more and more monarchical powers were passed on to the government (the ministers and the lord chancellor/prime minister). Thus it came to a split of powers: The Queen reigns, but Parliament and the government rule. The general idea is that the Members of ~~the~~ Parliament represent the people who voted for them in a election. [1,2]		Once the monarch was the souvereign which meant that he alone ruled the country. But over the years more and more monarchical powers were passed on to the government (the ministers and the lord chancellor/prime minister). Thus it came to a split of powers: The Queen reigns, but Parliament and the government rule. The general idea is that the Members of Parliament represent the people who voted for them in an election. [1,2]

	==='''The Rule of Law'''===		==='''The Rule of Law'''===
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	*Legality (all state actions must be authorised; law should not be arbitrary)		*Legality (all state actions must be authorised; law should not be arbitrary)
	*Certainty (laws should be clear, certain, predictable)		*Certainty (laws should be clear, certain, predictable)
	*~~Consistence~~ (the law should be applied equally to all; no one is above the law)		*Consistency (the law should be applied equally to all; no one is above the law)
	*Accountability (laws are ~~nececcessary~~ to provide a standard to measure the actions of a state)		*Accountability (laws are necessary to provide a standard to measure the actions of a state)
	*Due process and access to justice (everyone should get a fair trial before an independent and impartial tribunal) [2]		*Due process and access to justice (everyone should get a fair trial before an independent and impartial tribunal) [2]

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	==='''The Separation of Powers'''===		==='''The Separation of Powers'''===
	The political power in GB is similar to the USA distributed into three branches to protect against misuse of power and ~~conventration~~ of power in one branch:		The political power in GB is similar to the USA distributed into three branches to protect against misuse of power and concentration of power in one branch:
	*The executive (comprising the Government, the ~~Monarchy~~ and the Civil Service) is the body		*The executive (comprising the Government, the Monarch and the Civil Service) is the body
	which executes the ~~law—it~~ proposes and enforces the law; it governs the country on a ~~dayto~~-		which executes the law; it proposes and enforces the law; it governs the country on a day-to-
	day basis		day basis
	*The legislature is the body devoted to making and changing law		*The legislature is the body devoted to making and changing law
	*The judiciary is the body which interprets the law.		*The judiciary is the body which interprets the law.
	But one should point out that in Britain the ~~legilsture~~ and executive branches are ~~joint~~ in the institution of the cabinet. Some argue that this makes the British ~~goverment~~ more effective, whereas point out the danger of too much power in one branch. [1,2] However, one has to point out that the regular ~~replacment~~ due to elections and a watchful public that since Bagehot's days has become increasingly important should be able to control this. In the 19th century, with the first mass-media and ~~are broader informant~~ public political topics gradually even reached the lower classes. Thus the public has become the powerful ~~instistution~~ that Bagehot wished for when he spoke of an Despotic Democracy: The politician is forced to act in favour of the major public interests and ~~therfore~~, according to this ~~philisophy~~, to in favour for the nation. In regular elections and a powerful public Bagehot also saw the ~~possiblity~~ to replace a leader quickly in times of crisis so that only the most effective and skilled people govern the country. In this point might lie a hidden criticism of inherited rule. [6]		But one should point out that in Britain the legislature and executive branches are joined in the institution of the cabinet. Some argue that this makes the British government more effective, whereas others point out the danger of too much power in one branch. [1,2] However, one has to point out that the regular replacement due to elections and a watchful public that since Bagehot's days has become increasingly important should be able to control this. In the 19th century, with the first mass-media and a larger public political topics gradually even reached the lower classes. Thus the public has become the powerful institution that Bagehot wished for when he spoke of a Despotic Democracy: The politician is forced to act in favour of the major public interests and therefore, according to this philosophy, in favour for the nation. In regular elections and a powerful public Bagehot also saw the possibility to replace a leader quickly in times of crisis so that only the most effective and skilled people govern the country. In this point might lie a hidden criticism of inherited rule. [6]

	==='''Rights of Citizens'''===		==='''Rights of Citizens'''===
	The tradition of ~~recongized~~ liberties to its citizens has a long tradition. As mentioned even the ~~Magan~~ Carta contained a concept of liberty, although this should not be confused with the modern one, since the ~~defenition~~ who is recognized as citizen opened over the time. In the beginning it only meant people with ~~lands. Quite contrary poeple~~ in dependence had no liberty rights. The subject to the king, the farmer ~~had to obey to~~ the landlord, the servant to the master, the slave to the owner, the apprentice the employer, the wife to the husband, the child to the parents etc. This goes back to Medieval ~~hierachical~~ and ~~later hierachical Elizabethan~~ World Picture. 1215 we still ~~had~~ the ''lex ~~terrare~~'' (the Law of the Land). Later on the notion of liberty began to change. In a later yearbook [6,7] it is said that		The tradition of recognised liberties to its citizens has a long tradition. As mentioned, even the Magna Carta contained a concept of liberty, although this should not be confused with the modern one, since the definition who is recognized as citizen opened over the time. In the beginning it only meant people with land, people in dependence had no liberty rights. The subject had to obey the king, the farmer the landlord, the servant the master, the slave the owner, the apprentice the employer, the wife the husband, the child the parents etc. This goes back to the Medieval and Early Modern hierarchical World Picture. 1215 there still was the ''lex terrae'' (the Law of the Land). Later on the notion of liberty began to change. In a later yearbook [6,7] it is said that
	"No freeman shall be taken and imprisoned or distract of any free tenement or of his liberties or free		"No freeman shall be taken and imprisoned or distract of any free tenement or of his liberties or free
	customs, or enslaved or exiled, ... Nor will we go upon ~~hom~~ nor send upon him, except by the lawful		customs, or enslaved or exiled, ... Nor will we go upon home nor send upon him, except by the lawful
	judgement of his peers and by the law of his land. To no one will we sell, to no one will we delay right or		judgement of his peers and by the law of his land. To no one will we sell, to no one will we delay right or
	justice." [7: p.68]		justice." [7: p.68]

	Around 1628 the idea of an liber ~~home~~ had already been established: the equal right to any free man and instead of ''lex ~~terrare~~'' a Common Law was used in trial.		Around 1628 the idea of a ''liber homo'' had already been established: the equal right to any free man and instead of ''lex terrae'' a Common Law was used in trial.
	Many of today's rights and liberties are now collected the Human Rights Act 1998 incorporating European Conventions and Human Rights:		Many of today's rights and liberties are now collected in the Human Rights Act 1998 incorporating European Conventions and Human Rights:
	*the right to life		*the right to life
	*freedom from torture and degrading treatment		*freedom from torture and degrading treatment
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	==='''Parliamentary Sovereignty'''===		==='''Parliamentary Sovereignty'''===
	This principle can be summed up as following: The Monarch ~~reign~~ and ~~the~~ Parliament rules. As all the other ~~pirnciples~~ it developed out of ~~Brtítish~~ history. The key ~~principle behind it is~~:		This principle can be summed up as following: The Monarch reigns and Parliament rules. As all the other principles it developed out of British history. The key principles are:
	*No Parliament could bind a future parliament ~~whic~~ means each law can be changed and ~~that the~~ not the Parliament but the people who voted it and whom it shall represent are the ~~souvereign~~.		*No Parliament could bind a future parliament which means each law can be changed and not the Parliament but the people who voted it and whom it shall represent are the sovereign.
	*No distinction between "ordinary" and "higher law", all laws can be changed by the current Parliament and only by it alone. No other branch of power has the right to do so. Neither the monarch nor the Cabinet or the ~~Judictiary~~.		*No distinction between "ordinary" and "higher law", all laws can be changed by the current Parliament and only by it alone. No other branch of power has the right to do so. Neither the monarch nor the Cabinet or the Judiciary.
	A crucial consequence of this is that '''there is no written constitution or Bill of Rights''' as the USA or Germany has that in contrast to the British set of laws are rather fixed ~~and not intended to be changed~~. [1,2]		A crucial consequence of this is that '''there is no written constitution or Bill of Rights''' as the USA or Germany has that in contrast to the British set of laws are rather fixed.[1,2]

	==Sources==		==Sources==

← Older revision		Revision as of 10:20, 12 July 2010
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	*1215 Magna Carta		*1215 Magna Carta
	*1626 Charles I dismissed Parliament, then subsequently recalled it in order to raise taxes		*1626 [[Charles I]] dismissed Parliament, then subsequently recalled it in order to raise taxes
	*1628 Parliament's Petition of Right to the king to protect subjects from further taxation unauthorised by Parliament		*1628 Parliament's Petition of Right to the king to protect subjects from further taxation unauthorised by Parliament
	*1629 Three Resolutions of Parliament:		*1629 Three Resolutions of Parliament:
	# ~~One~~ Condemn any change to the established religion		# Condemn any change to the established religion
	# ~~Two~~ Condemn taxation without parliament's authority		# Condemn taxation without parliament's authority
	# ~~Three~~ Merchants paying 'illegal' taxes betrayed the Liberty of England		# Merchants paying 'illegal' taxes betrayed the Liberty of England
	*1642 Civil war breaks out		*1642 [[Civil war]] breaks out
	*1646 Charles I surrenders		*1646 Charles I surrenders
	1649 Parliament gets right to make laws without the king's approval; Charles I executed; Parliament abolishes the monarchy; Cromwell chairs the New English Commonwealth		1649 Parliament gets right to make laws without the king's approval; Charles I executed; Parliament abolishes the monarchy; Cromwell chairs the New English Commonwealth
	*~~1653Oliver~~ Cromwell is elected Lord Protector of the Commonwealth		*1653 [[Oliver Cromwell]] is elected Lord Protector of the Commonwealth
	*1660 Restoration: Charles II ~~back~~ on throne		*1660 [[Restoration]]: [[Charles II]] on throne
	*1689 James II overthrown in the 'Glorious Revolution'; Enactment of the Bill of Rights		*1688/1689 [[James II]] overthrown in the 'Glorious Revolution'; Enactment of the Bill of Rights
	*1707 Union with Scotland		*1707 Union with Scotland
	*1800 Union with Ireland		*1800 Union with Ireland
	*1832 (Also 1867, 1872) Reform Acts-extended voting rights and established ~~the~~ secret ballot		*1832 (Also 1867, 1872) Reform Acts-extended voting rights and established secret ballot
	*1911 Parliament Act, 1918 Reform Act-ended property qualifications for men		*1911 Parliament Act, 1918 Reform Act-ended property qualifications for men
	*~~1921Anglo~~-Irish Treaty signed, removes 26 Counties of Irish Free State from UK		*1921 Anglo-Irish Treaty signed, removes 26 Counties of Irish Free State from UK
	*1928 Reform Act-gave equal voting rights to women		*1928 Reform Act-gave equal voting rights to women
	*1948 Parliament Act		*1948 Parliament Act
	*1972 European Communities Act		*1972 European Communities Act
	*1998 Human Rights Act; Scotland Act; Government of Wales Act		*1998 Human Rights Act; Scotland Act; Government of Wales Act
	*1999 House of Lords Act; Greater London Act, 2000 Freedom of Information Act		*1999 [[House of Lords]] Act; Greater London Act, 2000 Freedom of Information Act
	*2005 Constitutional Reform Act,		*2005 Constitutional Reform Act
	*2006 Government of Wales Act		*2006 Government of Wales Act
	The "British Constitution" covers ~~svereal~~ types of sources such as:		The "British Constitution" covers several types of sources such as:

	==='''Statutes''' ===		==='''Statutes''' ===
	(laws passed by ~~the~~ parliament (souvereign power), highest laws of the country), e.g.:		(laws passed by parliament (souvereign power), highest laws of the country), e.g.:
	*'''Magna Charta (1215)		*'''Magna Charta (1215)
	~~The~~ Magna Carta is said to be the beginning of the legal, ~~govermental~~ and social system of ~~the~~ Western culture. Balfour sees in it ~~the“forefather”~~ of the British and American Bills of Rights and consequently the model for all constitutions nowadays which, according to him, adopted parts of the ~~“contend~~, many provision and even some of its actual words.”[7] Nevertheless the document has a feudal origin and was designed to protect the interests and rights of powerful landowners and to stand up against the monarch and the aspect of ~~leibrty~~ only ~~refered~~ to the rights of the landowners. But most important is that via the creation of two councils of representatives of boroughs and the counties the foundation for the Houses of Lords and Commons was laid. Likewise to other documents from the set of sources underwent reinterpretation and changes. For example, in the 18th century Magna Carta was used in the line of argumentation by ~~the~~ parliament as a precedent to ~~deamnd~~ their traditional rights and ~~rigthful~~ liberties from George III [2].		Magna Carta is said to be the beginning of the legal, governmental and social system of Western culture. Balfour sees in it the “forefather” of the British and American Bills of Rights and consequently the model for all constitutions nowadays which, according to him, adopted parts of the “content, many provision and even some of its actual words.”[7] Nevertheless the document has a feudal origin and was designed to protect the interests and rights of powerful landowners and to stand up against the monarch and the aspect of liberty only referred to the rights of the landowners. But most important is that via the creation of two councils of representatives of boroughs and the counties the foundation for the Houses of Lords and Commons was laid. Likewise to other documents from the set of sources underwent reinterpretation and changes. For example, in the 18th century Magna Carta was used in the line of argumentation by parliament as a precedent to demand their traditional rights and rightful liberties from [[George III]] [2].

	*'''Bill of Rights (1689)'''		*'''Bill of Rights (1689)'''
	The 17th century meant some further steps ~~toward's~~ the current constitutional system. After the English Civil War (1642-) and the conflict between monarch, ending with the execution of Charles I (1649), the lord chancellor-ship of ~~Charles~~ Cromwell and the Restoration monarchy by Charles II, a compromise was forged. The Bill of Rights meant a ~~shring~~ of powers between the parliament and monarch:		The 17th century meant some further steps towards the current constitutional system. After the English Civil War (1642-1649) and the conflict between monarch, ending with the execution of Charles I (1649), the lord chancellor-ship of Oliver Cromwell and the Restoration of the monarchy by Charles II, a compromise was forged. The [[Bill of Rights]] meant a sharing of powers between the parliament and monarch:
	**Parliament should be frequently summoned and that there should be free elections (articles 13 and 8)		**Parliament should be frequently summoned and that there should be free elections (articles 13 and 8)
	**Members and Peers should be able to speak and act freely in Parliament (article 9)		**Members and Peers should be able to speak and act freely in Parliament (article 9)
Line 60:		Line 60:
	**Laws should not be dispensed with or suspended without the consent of parliament (articles 1 and 2).		**Laws should not be dispensed with or suspended without the consent of parliament (articles 1 and 2).
	**That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (article 10)		**That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (article 10)
	*Further ~~status~~ added later on are '''The Reform Acts''' (1832, 1867, 1872, 1918, 1928), the '''Human Rights Acts''' (1998) and the '''Scotland Act''' (1998)		*Further statutes added later on are '''The Reform Acts''' (1832, 1867, 1872, 1918, 1928), the '''Human Rights Acts''' (1998) and the '''Scotland Act''' (1998)

	==='''Conventions'''===		==='''Conventions'''===