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Lecture notes, cheat sheets
History of state and law of foreign countries. Bill of Rights 1689 Act of Succession (Most Important)
Directory / Lecture notes, cheat sheets Table of contents (expand) Bill of Rights 1689 Act of Succession The coup that took place marked the beginning of the process of establishing a constitutional monarchy in England. The formal side of these events was the adoption of: 1) Bill of Rights 1689 Yes, the Bill of Rights 1689 BC established that the monarch does not have the right to suspend laws and make withdrawals from them without the consent of parliament. The collection of taxes also had to take place only with the approval of Parliament. It was also required for the maintenance of a permanent army in peacetime within the kingdom. The bill secured some privileges of English subjects: the right to bear arms and petition the crown. Art. 3 declared free elections. Freedom of speech and debate in Parliament were proclaimed. The English bourgeoisie and aristocracy, taught by the experience of the Stuarts, who created by means of forgery and bribery an obedient parliament, which then sat for an indefinite period, wanted to establish the exact terms of office of this body. The systematic renewal of the House of Commons created some guarantees against bribery by its authorities. Adopted December 22 1694 BC The Triennial Act established that Parliament must be convened at least once every three years and its term of office should not exceed three years; 2) Act of Succession 1701 Thus, the expression of the struggle between Tories and Whigs was the publication in 1701 BC Act of Succession to the Throne (also called the Act of Settlement). This law was directed against attempts by reactionary feudal lords to restore absolutism in England. It prescribed that in the future every English monarch should profess the Anglican faith. This excluded the use of Catholicism as an ideological justification for an autocratic monarchy. To make it difficult for parliament to form a strong court party and to prevent the establishment of royal control over the activities of this body, the law introduced a rule according to which a person holding any paid position or place subordinate to the monarch and receiving a pension from the crown could not be a member of the House of Commons. The king's pardon was considered invalid in cases of impeachment. Thus, the House of Commons received into its hands a formidable weapon to control the royal administration. The judges have practically become irremovable. All bills acquired legal force only after their approval by Parliament. Kings were obliged to rule the country in strict accordance with its law. The Whigs feared that Wilhelm III and his successors, not being natives of England, will be able, relying on their compatriot ministers devoted to them, to establish an absolutist regime in the state. Therefore, it was ruled that no person born outside England, Scotland и Ireland or possessions belonging to them (except when the parents are English), even in the case of naturalization of non-coins, become a member of the Privy Council, Parliament or hold any position vested in confidence. Decisions taken by the Privy Council must necessarily be countersigned by the one of its members who agreed to this action (countersignature principle). Act 1701 BC established the order of succession to the throne: after the death of a childless Wilhelm III his successor was Anna Danish, and in the absence of the latter's heirs, the crown passed to the Hanoverian electors. The Whigs believed that uninfluential German princelings, who did not pose the slightest threat to parliament, should sit on the English throne. Bill of rights 1689 BC and Act of Succession 1701 BC consolidated the principle of the supremacy of parliament over the crown and formulated the most important institutions of English bourgeois state law. Question 29: Constitutional monarchy in England The powers of the crown to govern the state gradually passed to the main advisers of the monarch, or rather, they were carried out by the latter on his behalf. They formed, as it were, an "internal" Privy Council, or cabinet of royal ministers. By virtue of the principle of parliamentary supremacy, the House of Commons could, through impeachment and bills of disgrace, bring to justice those responsible for failures in foreign and domestic policy. So, a number of statesmen appeared before the court of parliament. Over time, a clear distinction was made between the Privy Council and the Cabinet. If in the reign of the queen Anna the latter still met under her presidency, then under the first monarchs of the Hanoverian dynasty, he began to sit in their absence. The German princelings considered their stay on the English throne to be pure coincidence. They focused all their attention on their family property. The absence of the monarch from cabinet meetings was significant: 1) the possibility of direct pressure on ministers was excluded; 2) he abstained from discussing issues of national importance. In this case, the king had to deal not with the heads of individual departments, but with a relatively cohesive group of leaders of the majority in parliament, in relation to which the principle of collective responsibility operated. Although members of the cabinet were officially recognized as servants of the crown, "ministers of his majesty", the king could no longer dismiss an objectionable dignitary, as this would mean an imminent government crisis, and the head of state would have to make a proposal to form a government to the newly removed from power leaders of the parliamentary majority. However, later the crown enjoyed very significant, and in some cases absolute power. AT con. XVIII - beginning XIX century. The influence of the monarch on the outcome of the elections and on the subsequent course of behavior of members of parliament was so great that almost all prime ministers held their posts thanks to their election by the crown. In the convened George I 271 civil servants who were completely dependent on the crown sat in parliaments, at the time George II - 257, and after the 1782 BC reforms - still 109. In 1715-1835 the government has never lost an election campaign. The monarch also had a huge influence on the personal composition of the cabinets. The king had equally significant freedom when dismissing ministers. So, in 1801 и 1807 he demanded that the cabinet give a written promise never to introduce a bill to Parliament to remove political restrictions on Catholics. The bill, already discussed in the House of Commons, was withdrawn. Since the ministers did not provide the required assurance, they were dismissed. AT 1834 BC the government fell again at the will of the king. During the period under review, there was no rule according to which a negative outcome of a parliamentary vote meant the mandatory fall of the cabinet. In such cases, with the support of the monarch, the government could remain in power for a long time. AT 1785 BC for example, despite the fact that the House of Commons passed five resolutions of no confidence, the government did not resign. FROM 1834 by 1840 BC Lord Melbourne's cabinet was defeated 58 times in Parliament and still continued to govern the country. So in XNUMXth century England the foundations of a dualistic monarchy were laid, which politically represented a consequence of a compromise between the nobility and the bourgeoisie. The real correlation of the forces of the allies was manifested in the share of the booty that was captured by them after the expulsion of the Stuarts. Author: Selyanin A.V. << Back: "Habeas Corpus Act" 1679 "Glorious Revolution" 1688 >> Forward: Constitutional monarchy in England
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