How did the English Bill of Rights limit the power of the English monarch?

1 answer

The English Bill of Rights, enacted in 1689, was a significant document that established clear limits on the power of the English monarch and laid the foundation for a constitutional monarchy. Here are some key ways in which it limited royal authority:

  1. Restriction of Monarchical Power: The Bill of Rights asserted that the monarchy could not rule without the consent of Parliament. This established the principle that the monarch’s power was not absolute and that they were subject to law.

  2. Parliamentary Sovereignty: It affirmed the supremacy of Parliament over the monarchy. For example, it required that regular sessions of Parliament be held and that elections should be free from interference by the crown.

  3. Rights of Individuals: The Bill outlined certain rights for individuals, including the right to petition the monarch, the right to bear arms for self-defense (subject to law), and protections against excessive bail and cruel and unusual punishment. This reinforced the idea that subjects had rights that the monarch could not infringe upon.

  4. Prohibition of Certain Actions by the Monarch: The Bill prohibited the monarch from suspending laws passed by Parliament, levying taxes without parliamentary approval, or maintaining a standing army in peacetime without the consent of Parliament.

  5. Judicial Independence: It reinforced the independence of the judiciary by stating that judges should hold their offices during good behavior and should not be removed except by Parliament, ensuring that the judiciary remained free from royal influence.

  6. Limited Monarchical Authority Over Religion: The Bill of Rights barred Catholics from the throne and required all monarchs to swear to uphold Protestantism, reflecting the political and religious tensions of the time and limiting the monarch's ability to change religious policies unilaterally.

  7. Establishment of a Constitutional Framework: Overall, the Bill of Rights is seen as a cornerstone of constitutional law in England, contributing to the development of parliamentary democracy and the principle of governance through the rule of law.

These limitations on monarchical power were pivotal in the transition from absolute monarchy to constitutional monarchy in England, influencing future democratic principles around the world.