Many English citizens are unaware that they possess a rich constitutional heritage that empowers them and safeguards their freedoms. This article explores key components of the English constitution, their historical origins, and their continued relevance today.
The Magna Carta: Foundation of English Liberty
The Magna Carta, first sealed in 1215 and later reissued in 1297, laid the groundwork for limiting royal power and establishing the rule of law. This groundbreaking charter arose from a conflict between King John and his barons, who demanded protection from arbitrary royal actions.
One of its most enduring legacies is the concept of due process, enshrined in Clause 39: “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land”[2].
Today, the Magna Carta’s principles continue to protect individual rights. For example, in legal challenges against government overreach, citizens can invoke these ancient principles to demand fair treatment and due process.
Observance of Due Process of Law 1368
Building upon the Magna Carta, the concept of due process was further solidified in 1368. This development ensured that legal procedures would protect citizens’ liberties, introducing the term “due process of law” for the first time in Anglo-American jurisprudence[3].
This principle empowers English people by guaranteeing that the government cannot arbitrarily deprive them of life, liberty, or property. In modern times, it serves as a crucial check on governmental power, allowing citizens to challenge unfair laws or procedures in court.
The Petition of Right 1627: Curbing Royal Prerogatives
The Petition of Right 1627 further limited royal powers and strengthened parliamentary authority. It arose from conflicts between King Charles I and Parliament over taxation and arbitrary imprisonment.
This document prohibited forced loans, non-parliamentary taxation, arbitrary imprisonment, and the quartering of soldiers in private homes without consent[4]. It reaffirmed that the monarch’s actions were subject to law.
In contemporary England, the Petition of Right’s legacy can be seen in legal challenges to executive overreach. For instance, during times of national crisis, citizens can invoke these principles to question the legality of measures imposed without proper parliamentary scrutiny.
Bill of Rights 1688: Cementing Constitutional Monarchy
The Bill of Rights 1688 emerged from the Glorious Revolution and established the framework for a constitutional monarchy. It limited royal powers, secured Parliament’s role in governance, and protected individual liberties[5].
Key provisions included the prohibition of royal interference with the law, the requirement of parliamentary consent for taxation, and the protection of free speech in Parliament. These principles continue to shape British politics, ensuring that power ultimately resides with the people through their elected representatives.
The People’s Sovereignty
As stated on the Daddy Dragon website, “Parliament is NOT sovereign we the people ARE. When Parliament is dissolved (who holds the power) Sovereignty is returned to the people and Her Majesty”[1]. This principle underscores the ultimate sovereignty of the people in the English constitutional system.
The English constitution, unlike many others, is not codified in a single document. Instead, it comprises various statutes, common law principles, and conventions that have evolved over centuries. This flexibility allows for adaptation to changing societal needs while maintaining core principles of liberty and the rule of law.
By understanding and invoking these constitutional principles, English citizens can actively participate in shaping their nation’s future while preserving their hard-won liberties. The English constitution remains a powerful tool for protecting individual rights and limiting government overreach, serving as a hidden treasure of liberty that every citizen should know and cherish.
