British Bill of Rights

The British Bill of Rights can refer to:

* The Bill of Rights 1689 - An Act of the Parliament of England made following the Glorious Revolution, considered one of the fundamental parts of the British constitution.

* The Claim of Right Act 1689 - An Act of the Parliament of Scotland which enacted the same principles as the Bill of Rights in England into Scottish law.

* A proposed Bill of Rights for the United Kingdom enshrining human rights into British law, either to complement or replace the existing Human Rights Act 1998. A notable political proponent of such a Bill is David Cameron, leader of the Conservative Party [ [http://politics.guardian.co.uk/conservatives/story/0,,1805902,00.html Cameron promises UK bill of rights to replace Human Rights Act | Politics | The Guardian ] ]

The Bill of Rights 1689

This fundamental document of British constitutional law differed substantially in form and intent from the United States Bill of Rights because it was intended to address the rights of citizens as represented by Parliament against the Crown. However, some of its basic tenets are adopted and extended to the general public by the US Bill of Rights, including

* the right of petition
* an independent judiciary (the Sovereign was forbidden to establish his own courts or to act as a judge himself),
* freedom from taxation by royal (executive) prerogative, without agreement by Parliament (legislators),
* freedom from a peace-time standing army,
* freedom [for Protestants] to bear arms for their defence, as allowed by law,
* freedom to elect members of Parliament without interference from the Sovereign,
* freedom of speech in Parliament,
* freedom from cruel and unusual punishments and excessive bail, and
* freedom from fines and forfeitures without trial.

The case for a new Bill

One of the main arguments for a new British Bill of Rights is that it would be an opportunity to strengthen the capacity of the courts to actually block or strike down government laws and policies that violated basic rights and liberties.

So far as the substantive content of a new Bill was concerned, this could make illegal a far wider range of abuses of governmental authority than both the original Bill of 1689 and also its later and more comprehensive US constitutional counterpart. Potentially, a great number of additional basic economic, political, judicial, communication, and personal rights and freedoms could be given protection.

There is nothing new about setting basic constitutional legal limits on governmental authority. In England, the courts have been limiting state powers at least since the 13th century. That great general rights code, the Magna Carta of 1215, has served not only Britain but also many other countries well over the years. However, the fact that so many official restrictions on freedom, democracy, and equality before the law have taken place in the UK of late has convinced many liberal reformers that far stronger protection is required in this area. [Lewis F. Abbott, "British Democracy: Its Restoration & Extension", Industrial Systems Research Publications, Manchester (UK), 2006. ISBN 978-0-906321-31-7. Chapter Five: “The Legal Protection Of Democracy & Freedom: The Case For A New Written Constitution & Bill Of Rights”. [http://books.google.co.uk/books?id=xwN-MIMtE6sC&dq=isbn:090632131X] ]

Internal link

* Bill of Rights

References

Further reading

[http://web.onetel.com/~isr/Business%20and%20the%20political-legal%20environment.htm#Rights A New British Bill of Rights: The Case For]