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Constitutional Settlement
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When was the Declaration of Rights presented to William and Mary?
1689
What did the Declaration of Rights involve?
-it stated that there would be clear limitations to Monarchical power
-Laws could not be suspended without parliamentary consent and Parliament had to approve all forms of taxation
When and what was the Declaration of Rights enshrined in Law?
-1689
-It was enshrined in law as the Bill of Rights, considered to be a more watered down version of the original Declaration
What did the Bill of Rights State?
1) Suspending Laws without parliament’s consent it illegal
2)Dispensing Laws without parliament’s consent is illegal
3)Levying Money without parliament’s consent is illegal
4) All commitments and prosecution for petitioning the King is illegal
5) Raising an army in peace time without parliament is illegal
6)Free elections
7) Freedom of speech in parliament should not be impeached or questioned in any place out of parliament
8) No excessive punishment or fines should be imposed
9) Parliament should be held frequently
In what way can the Bill of Rights be described as vague?
didn’t plan on how to enforce this
some points, such as free and regular elections didn’t specify how often was regular
It didn’t state what would happen to the monarch if they didn’t obey the terms
What was the significance of the Bill of Rights?
-Highlighted importance of regular and free elections
-Made certain the legal position of the army
What was the Crown and Recognition Act ?
it accompanied the Bill of Rights by confirming all the acts of the Convention Parliament
Act acknowledged William and Mary as sovereigns
Parliament had been summoned in a legitimate manner and thus the Acts were seen as legal
When were the Mutiny Acts passed?
1689
What were the Mutiny Acts?
Allowed the crown to hold court martial to punish mutineers
First Mutiny Act only enforceable for one year
Parliament renewed the Mutiny Act each year till 1879
Who did the Mutiny Acts benefit?
The Mutiny Acts benefitted both crown and parliament;
-William was able to freely punish those who had mutinied
-Parliament was able to place limits on the Royal prerogative if wished
When was the Act of Settlement?
1701
Why was the Act of Settlement created?
It was created in order to bypass potential Catholic heirs to the throne
Succession would be vested in the House of Hanover, a German Royal dynasty
What did the Act of Settlement state?
Succession would be vested in the House of Hanover, a German royal dynasty
Catholics and those married to Catholics were barred from the succession
All future monarchs were required to be members of the Church of England
Judges could no longer be dismissed without the consent of Parliament
Royal Pardons to be declared irrelevant in cases of impeachment
No future monarch allowed to enter England into war in order to defend the monarch’s home
No foreign- born man was allowed to join the Privy Council, sit in the House of Parliament, have military command or be granted lands or titles
In what way was the Act of Settlement significant?
It enabled a number of legislative proposals first put forwards in 1689 to finally reach the statute book
Judges could no longer be dismissed without the consent of Parliament
Royal Pardons to be declared irrelevant in cases of impeachment
No future monarch allowed to enter England into war in order to defend the monarch’s home
No foreign- born man was allowed to join the Privy Council, sit in the House of Parliament, have military command or be granted lands or titles
How far did the Bill of Rights and Act of Settlement confirm the end of divine right monarchy?
No longer possible for monarchs to claim their power came from God as their authority as approved by the people through their representatives in parliament
The Whig view on the end of Divine Right Monarchy
The Bill of Rights preserved England’s ancient constitution
It represented restoration of previous political stability rather than creating an entirely new settlement
Return to a path of progress
The Marxist view on the end of Divine Right Monarchy
present idea that new settlement was only created in the interests of existing ruling elites
not significant of a change
The Revisionist view on the end of Divine Right Monarchy
Events changed basically nothing but the line of succession
Constitutional Monarchy was not fully established although concept of Divine Right was fully destroyed
Parliament remained an advisory body
Monarch still pre-eminent within the political system
Parliament represented the richest 2% of the population