Limba Engleza :
R E F E R A T
The Source of the English Constitution
STATUTE LAW
The first major source for the law of the constitution comes in the form of
legislation. The Magna Carta, extracted from King John in 1215 under threat
of civil war, was the earliest attempt to limit the powers of the monarch and
to define the extent of the rights and liberties his subjects might hope to
enjoy. The re-enactment of this great Charter in 1297 constitutes the first
in a long series of statutes dealing with ever-shifting functions of the major
organs of government and their relationship with one another. Each statute deals
only with a very limited area of concern. There is no attempt to
-II-
impose an overall all-embracing vision of the Constitution as a whole. The following
is a list of the statutes which are of greatest constitutional significance,
with a brief summary of their contents.
1297, Re -; issue of the Magna Carta ( 1215 )
This is a declaration of certain fundamental principles : no one should lose
his life or liberty “ except by the lawful judgement of his equals and
by the law of the land ” : the king should not sell, deny or delay justice
; punishment should be in relation to the seriousness of the crime, etc.
1653, The Instrument of Government
This was a first attempt to draw up a written constitution setting out the
different functions of the Lord Protector* ( Oliver Cromwell ), of his Council
of state and of Parliament, as well as various safeguards against the abuse
of power, and specifying how often Parliament should be summoned and who might
be eligible to vote in elections, etc.
1679, The Habeas Corpus Amendment Act
This contains provisions ensuring that persons imprisoned without legal cause,
whether by the Crown or by private individuals, should, on obtaining a writ
of habeas Corpus, have the detention examined by a judge within a set period
of time.
1689, The Bill of Rights
It declares that the monarch’s ‘pretended’ power of suspecting
or dispensing with laws without the consent of Parliament is illegal, that elections
and debate in Parliamnet should be free, and that Parliament should be summoned
frequently, etc.
1701, The Act of Settlement
This deals with the question of succession to the throne ( through a specified
Protestant line ) and with the conditions of tenure, payment and dismissal of
judges.
-III-
1707, The Act of Union
This brought about the abolition of the Scottish Parliament and united the
governments of England and Scotland. Henceforth, Scottish MPs took their seats
at Westminster.
1832, The First Reform Act
Its main features were an extension of the franchise ( more or less doubling
the numbers of those eligible to vote ), a redistribution of parliamentary seats
towards the industrial north of England, and the setting up of electoral registration
as a pre-condition for voting. Property remained the basic criterion for the
franchise.
1867, The Representation of the People Act
This second Reform Act brought about a further extension of parliamentary
franchise and a redistribution of seats. This resulted in an increase in the
middle-class vote in the countries, and the enfranchisement of the artisans
in the towns.
1872, The Ballot Act
This was a vital piece of legislation, setting up the secret ballot at parliamentary
electrions and thereby doing away with the old system of voting in public which
nade voters so vulnerable to ‘presure’ from over-enthusiastic candidates.
1884, The Representation of the People Act
This third Reform Act ensured the extension of the vote to the agricultural
worker.
1991, The Parliament Act
This laid down the reduced powers of the House of Lords with regard to Money
Bills in particular -; the maximum the House could delay such a bill was
limited to 1 month and Public Bills in general ( maximum delay : 2 years ).
It also shortened the life of Parliament from 7 to 5 years.
-IV-
1918, The Representation of The People Act
This extended the franchise to all men over 21 who had been resident in their
constituency for more than 6 months, and to women over 30 subject to certain
conditions.
1928, The Representation of the People Act
This removed the remaining discrimination against women. Registration as a
voter was henceforth on the basis of age ( 21 and over ), and residence in the
constituency concerned ( a minimum period of 3 months ).
1949, The Parliament Act
This completed the work done by 1911 Act by reducing the House of Lords’
suspensive veto on legislation to a period of 1 year.
1958, The Life Peerages Act
This was designed to reinforce and widen the the basis of the House of Lords
by providing for the creation of non-hereditary or ‘life’ peerages
for commoners who had played a permanent role in public life. Such people hold
the rank of baron or Baroness.
1963, The Peerage Act
This was designed to enable a hereditary to disclaim his peerage ( without
in any way prejudicing succesion to it on his death ). The Act was passed under
pressure from Anthony Wedgwood Benn ( now called Tony Benn ), who, as Viscount
stansgate, would other have been permanently excluded from his seat in the House
of Commons.
1969, The Representation of The People Act
This lowered the voting age to 18.
1972, The European Communities Act
-V-
This stipulates that the U.K. is bound by rulings of the european Court. It
recognises certain categories or rules dealing with the rights and duties of
individuals are to be applied directly in british courts without any further
enactment by the Westminster Parliament.
1985, The Representation of The People Act
This contains provisions concerning the voting rights of expatriate Britons
and holidaymakers.
• After the civil wars ( 1642-1646 and 1648 ), Charles I was executed
( 1649 ) and England became a ‘commonwealth’ under Oliver Cromwell
who became ‘Lord Protector’ in 1653. The monarchy was restored in
1660 under Charles II.
