Tuesday, August 8, 2023

Britain's Unwritten Constitution

These four documents form the basis for what would become the United States Constitution.

- Magna Carta 1215.

a royal charter[4][5] of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215.[b] First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood behind their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War.


- Petition of Right, 1628.

an English constitutional document setting out specific individual protections against the state, reportedly of equal value to Magna Carta and the Bill of Rights 1689.[3] It was part of a wider conflict between Parliament and the Stuart monarchy that led to the 1638 to 1651 Wars of the Three Kingdoms, ultimately resolved in the 1688 Glorious Revolution.

Following a series of disputes with Parliament over granting taxes, in 1627 Charles I imposed "forced loans", and imprisoned those who refused to pay, without trial. This was followed in 1628 by the use of martial law, forcing private citizens to feed, clothe and accommodate soldiers and sailors, which implied the king could deprive any individual of property, or freedom, without justification. It united opposition at all levels of society, particularly those elements the monarchy depended on for financial support, collecting taxes, administering justice etc, since wealth simply increased vulnerability.

A Commons committee prepared four "Resolutions", declaring each of these illegal, while re-affirming Magna Carta and habeas corpus.


- Habeas Corpus Act, 1679.

an Act of Parliament in England (31 Cha. 2. c. 2) during the reign of King Charles II.[2] It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.


- British Bill of Rights 1689.

. . . an Act of the Parliament of England that set out certain basic civil rights and clarified who would be next to inherit the Crown. It remains a crucial statute in English constitutional law.

Largely based on the ideas of political theorist John Locke,[3] the Bill sets out a constitutional requirement for the Crown to seek the consent of the people as represented in Parliament.[4][5] 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.[6] 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.