Introduction
The Bill of Rights 1689 was passed by the English Parliament to establish an accountable form of government in place of absolute monarchy. The Bill ensured certain constitutional rights for Parliament and individuals, while clearly demarcating the powers of the monarch.
Basic Overview
- Largely based on the ideas of political theorist John Locke.
- Received royal assent on 16 December 1689.
- Considered a foundational document of the unwritten British Constitution, alongside a few others.
- Its aim was to establish a “constitutional monarchy” in England, a form of government where the King is accountable to the people and Parliament, ensuring that no law is passed or decision made without their consent.
- The Bill was a direct outcome of the Glorious Revolution (1688), where the arbitrary rule of King James II was overthrown and replaced by William III and Mary II as joint monarchs.
Need of the Bill of Rights
- Absolutism of James II: James II of England enforced, supported, and promoted Catholic interests in a largely Protestant kingdom, while using arbitrary royal decrees to undermine laws passed by Parliament. This provoked the Glorious Revolution of 1688, which ended his reign and marked the beginning of constitutional monarchy in Britain.
- Building on the principles of Magna Carta, Parliament drafted the Declaration of Rights, which later became the Bill of Rights of 1689.
Main Provisions of the Bill of Rights
- Free Speech in Parliament: Members had the freedom of speech and debate within Parliament, an early form of parliamentary privilege. This inspired Article 105 of the Indian Constitution, which also deals with parliamentary privileges.
- Demarcation of Monarchy’s Power: The King could not suspend laws passed by Parliament or levy taxes without parliamentary consent. Likewise, the monarch could not maintain a standing army in peacetime without Parliament’s approval.
- Free, Fair, and Frequent Elections: Elections for the House of Commons were to be free, and Parliament was required to meet regularly to address grievances.
- Individual Rights: English subjects had the right to petition the King without fear of retribution, and Protestants were permitted to bear arms in self-defence, subject to law.
- Succession of the Throne: The law ensured the monarchy would remain Protestant. Roman Catholics, or anyone married to a Catholic, were barred from inheriting the throne.
Significance and Legacy of the Bill of Rights
- It transformed the monarchy into a constitutional monarchy and enshrined the principle that sovereign power must operate within the law and with parliamentary consent, not by divine right, shaping British governance thereafter.
- The Bill of Rights, along with debates from the Glorious Revolution, helped shape American constitutional thought and influenced the U.S. Bill of Rights. Many of its provisions remain in force today as part of the UK’s unwritten constitution.
Conclusion
In short, the Bill of Rights (1689) was a crucial stepping stone towards a more accountable, liberal, and democratic form of government, one where laws are made by the people’s representatives in Parliament, rather than by the monarch’s divine authority. It also inspired movements beyond Britain, most notably the American Bill of Rights (1789), which carried forward its ideals of liberty and sovereignty.
