by Lawrence Monks
What is a Constitution?
A constitution is a fundamental set of principles or established precedents that governs a state or other organization. A constitution serves as the highest legal authority within a jurisdiction, outlining the structure, powers, and functions of the government and the rights and responsibilities of its citizens.
So how did the constitution of England come into being, and how does it compare with the Constitution of the United States of America?
Development Under Henry III
In the mid 13th Century during the reign of King Henry III, tensions between the monarch and his subjects led to the Barons' War, spearheaded by Simon de Montfort. In 1265, Baron de Montfort summoned a parliament that, for the first time, included not just nobles and clergy but also commoners—knights and burgesses (representatives of the towns). This was a crucial step towards the parliamentary model.
In 1275, King Edward I called for Parliament. He summoned nobles and churchmen, and also issued orders for the election of two representatives from each county and two from each city or town to attend. These representatives were called on primarily to listen to and approve the King's plan for a new tax. Over the following years it became an accepted rule that the representatives of those who were going to be most affected by taxation had to give their consent to it in Parliament.
In the year 1295 King Edward I "Model Parliament" convened by Edward I in 1295 included commoners, marking a shift towards broader representation.
Edward I and the Model Parliament
In 1295, King Edward I convened the "Model Parliament," widely considered the first official parliament, which included nobles, clergy, and representatives of the shires and boroughs. Edward sought to consolidate support for his policies and raise funds for wars. This body established the principle of broad representation, setting the framework for the future bicameral system.
Institutionalization and Growth
Over the subsequent centuries, the English Parliament evolved into two houses: the House of Commons and the House of Lords. The power balance between the monarch and Parliament shifted dramatically, notably during events such as the English Civil War and the Glorious Revolution. The latter, culminating in the Bill of Rights in 1689, firmly established the supremacy of Parliament over the monarchy.
Through its long history, the English Parliament has laid the groundwork for modern democratic systems worldwide, embodying the principles of representation, accountability, and the rule of law.
Development of Parliament
The 13th century saw the development of Parliament as a legislative body. The "Model Parliament" convened by Edward I in 1295 included commoners, marking a shift towards broader representation.
Evolution of Common Law
The common law system, based on judicial decisions and precedent, developed over the medieval period, creating a body of law that was crucial to constitutional governance. It emphasized the role of courts and legal precedents in constraining the powers of the monarchy.
The English Civil War and the Glorious Revolution:
The conflict between King Charles I and Parliament led to the English Civil War in the mid-17th century. The execution of Charles I and the establishment of the Commonwealth under Oliver Cromwell temporarily abolished the monarchy and the House of Lords.
The monarchy was restored in 1660, but tensions persisted until the Glorious Revolution of 1688, which resulted in the overthrow of King James II. This event solidified the constitutional settlement and established Parliament's supremacy over the monarchy.
Key English Constitutional Documents:
1. Bill of Rights (1689): Following the Glorious Revolution, William III and Mary II accepted the Bill of Rights, which limited the powers of the monarchy and established certain fundamental rights for subjects, such as the requirement for regular parliaments and free elections.
2. Act of Settlement (1701): This act addressed succession to the English throne by the English Parliament establishing that only Protestants could inherit the throne of England and Ireland. It further guaranteed the independence of the judiciary resulting in a similar establishment of England’s legislative and judicial branches which the United States clearly laid out in its Constitution separating the powers between the Executive, Legislative, and Judicial branches. .
3. Acts of Union (1707 and 1800): These acts united England with Scotland and later Ireland, forming a single political entity and creating a unified Parliament of a United Kingdom. This would play into the idea of strengthening the independent colonial states in North America into one United States nation.
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