The English Bill of Rights: A Key Step Towards Constitutional Monarchy

Introduction: “The English Bill of Rights was an act signed into law in 1689 by William III
and Mary II, who became co-rulers in England after the overthrow of King James II. The
bill outlined specific constitutional and civil rights and ultimately gave Parliament power
over the monarchy. Many experts regard the English Bill of Rights as the primary law that
set the stage for a constitutional monarchy in England. It’s also credited as being an
inspiration for the U.S. Bill of Rights. The English Bill of Rights created a constitutional
monarchy in England, meaning the king or queen acts as head of state but his or her powers
are limited by law. Under this system, the monarchy couldn’t rule without the consent of
Parliament, and the people were given individual rights. In the modern-day British
constitutional monarchy, the king or queen plays a largely ceremonial role. An earlier
historical document, the 1215 Magna Carta of England, is also credited with limiting the
powers of the monarchy and is sometimes cited as a precursor to the English Bill of
Rights.”1
“Bill of Rights, formally An Act Declaring the Rights and Liberties of the Subject and
Settling the Succession of the Crown (1689), is one of the basic instruments of the
British constitution, the result of the long 17th-century struggle between the Stuart kings and the
English people and Parliament. It purported to introduce no new principles but merely to declare
explicitly the existing law. The revolution settlement, however, made monarchy clearly
conditional on the will of Parliament and provided a freedom from arbitrary government of
which most Englishmen were notably proud during the 18th century. The main purpose of the act
was unequivocally to declare illegal various practices of James II. Among such practices
proscribed were the royal prerogative of dispensing with the law in certain cases, the complete
suspension of laws without the consent of Parliament, and the levying of taxes and the
maintenance of a standing army in peacetime without specific parliamentary authorization. A
number of clauses sought to eliminate royal interference in parliamentary matters, stressing that
elections must be free and that members must have complete freedom of speech. Certain forms
of interference in the course of justice were also proscribed. The act also dealt with the
proximate succession to the throne, settling it on Mary’s heirs, then on those of her sister,
afterward Queen Anne, and then on those of William, provided they were Protestants.”2
ECHR and The Bill: “The EU Charter is often confused with the European Convention on
Human Rights (ECHR), as the Court of Justice of the EU in Luxembourg (the CJEU) is with the
European Court of Human Rights in Strasbourg (the ECtHR). While both contain overlapping
human rights provisions, they operate within separate legal frameworks. The ECHR is an
instrument of the Council of Europe in Strasbourg, and is ultimately interpreted by the ECtHR. It
is given effect in national law by the Human Rights Act 1998 (HRA). The Charter is an
instrument of the EU. It is part of EU law and subject to the ultimate interpretation of the CJEU.
EU law is given effect in national law through the European Communities Act 1972. While
human rights litigation in the UK most often comes within the framework of the ECHR, and
therefore the HRA, the EU in 2009 codified a wide number of human rights, which it calls
1 English Bill Of Rights' (HISTORY, 2019) <https://www.history.com/topics/british-history/english-bill-
of-rights > accessed 18 May 2019.
2 Encyclopedia Britanica, Bill of Rights, (2019) <https://www.britannica.com/topic/Bill-of-Rights-British-
history> accessed on 18th May, 2019

fundamental rights, in the form of the EU Charter. A table at the end of this Chapter lists the
principal differences between the ECHR and the EU Charter. The ECHR Signed on 4 November
1950 by 12 Member States of the Council of Europe,5 the ECHR is an international treaty
designed to protect the human rights of citizens from violation by their governments. It is a
requirement of Article 1 of the ECHR that contracting States secure enjoyment of these rights.
Drawing inspiration from the United Nations’ Universal Declaration of Human Rights, the
ECHR covers 12 civil and political rights including the right to life; the prohibition of torture; the
right to liberty and security; the right to a fair trial; the right to respect for private and family life;
freedom of thought, conscience, and religion; and freedom of expression. Article 14 protects an
individual’s ability to enjoy these rights without discrimination. Article 15 permits derogations in
times of war or other public emergencies threatening the life of the nation. UK representatives
played a major role in the early development of the ECHR. It was drafted under the supervision
of Sir David Maxwell Fyfe, who was a member of the Council of Europe’s Parliamentary
Assembly and rapporteur on the ECHR’s drafting Committee. The UK was the first European
nation to ratify the Convention in 1951 and the British jurist Lord McNair was the first President
of the ECtHR.”3
“The Act sets out your human rights in a series of ‘Articles’. Each Article deals with a different
right. These are all taken from the ECHR and are commonly known as ‘the Convention Rights’:
 Article 2: Right to life
 Article 3: Freedom from torture and inhuman or degrading treatment
 Article 4: Freedom from slavery and forced labour
 Article 5: Right to liberty and security
 Article 6: Right to a fair trial
 Article 7: No punishment without law
 Article 8: Respect for your private and family life, home and correspondence
 Article 9: Freedom of thought, belief and religion
 Article 10: Freedom of expression
 Article 11: Freedom of assembly and association
 Article 12: Right to marry and start a family
 Article 14: Protection from discrimination in respect of these rights and freedoms
 Protocol 1, Article 1: Right to peaceful enjoyment of your property
 Protocol 1, Article 2: Right to education
 Protocol 1, Article 3: Right to participate in free elections
 Protocol 13, Article 1: Abolition of the death penalty”4
Among thsis list of rights, all rights shall be considered important and included in the Bill.
But Right to life being the most important one shall be included at first getting the top most
priority.
3 HOUSE OF LORDS European Union Committee:
<https://publications.parliament.uk/pa/ld201516/ldselect/ldeucom/139/139.pdf > (Accessed on 18th May, 2019)
4 'The Human Rights Act | Equality And Human Rights Commission' (Equalityhumanrights.com,
2019) <https://www.equalityhumanrights.com/en/human-rights/human-rights-act > Accessed on 18th May, 2019