Malcolm Rivera
The British constitution is the source of the modern concepts of the rule of law, parliamentary sovereignty and judicial independence. Unlike most countries, the UK does not have a codified constitution. Instead, it is made up of written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. The earliest date in the history of the UK's constitution is 1215, when King John was forced to accept the Magna Carta, which limited the power of the king, making him subject to the law of the land.
| Characteristics | Values |
|---|---|
| Date | 1215 |
| Purpose | To limit the power of the king |
| Key Principles | Right to a fair trial by one's peers, protection from unlawful imprisonment |
| Other | Influenced the US constitution |
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What You'll Learn
- The Magna Carta, or 'Great Charter of the Liberties of England', was the first document to limit the power of the king
- The Provisions of Oxford in 1258 set out the basis for the governance of England
- The Laws in Wales Acts of 1535 and 1542 made Wales a full and equal part of the Kingdom of England
- The Petition of Right (1628) prohibited taxation without law and the quartering of naval personnel in private houses without the owner's consent
- The Instrument of Government (1653) was the first codified constitution of England
The Magna Carta, or 'Great Charter of the Liberties of England', was the first document to limit the power of the king
The Magna Carta, or Great Charter of the Liberties of England, was the first document to limit the power of the king. It was established in 1215 when the barons forced King John to accept it. Two of its key principles, the right to a fair trial by one's peers and protection from unlawful imprisonment, form the basis of common law in Britain.
The Magna Carta was also a major influence on the US Constitution. It is one of the earliest dates in the history of the British constitution, which is based on Acts of Parliament, historical documents, court judgments, legal precedence and convention. The British constitution is the source of modern concepts of the rule of law, parliamentary sovereignty and judicial independence.
The constitution of the United Kingdom comprises written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no official attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched.
The Provisions of Oxford in 1258 set out the basis for the governance of England. A 24-member council, governed by the monarch but supervised by a parliament, was established. The first parliament was made up of knights, lords and common men drawn from towns and cities. It was presided over by Simon de Montfort, widely regarded as the founder of the House of Commons.
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The Provisions of Oxford in 1258 set out the basis for the governance of England
The Provisions of Oxford were the first step towards a constitutional monarchy in England, limiting the power of the king and establishing the principle of parliamentary sovereignty. This was a significant development in the history of English governance, as it marked the beginning of a shift in power away from the monarch and towards a more representative form of government.
While the Provisions of Oxford are considered the first constitution of England, it is important to note that the British constitution is uncodified, meaning that it is not contained in a single document. Instead, it comprises written and unwritten arrangements that establish the United Kingdom as a political body. This includes Acts of Parliament, historical documents, court judgments, legal precedence and convention.
The earliest date in the history of the British constitution is 1215, when the barons forced King John to accept the Magna Carta, or the 'Great Charter of the Liberties of England'. This document limited the power of the king, making him subject to the law of the land and establishing key principles such as the right to a fair trial by one's peers and protection from unlawful imprisonment. The Magna Carta would also go on to influence the US constitution.
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The Laws in Wales Acts of 1535 and 1542 made Wales a full and equal part of the Kingdom of England
England's first constitution was the Magna Carta, which was signed in 1215. The document limited the power of the king, making him subject to the law of the land.
The Laws in Wales Acts brought legal consistency across Wales, effectively extending the Principality to the Welsh Marches and ending the use of Welsh law. This legal simplicity made it easier for the English crown to collect tax in Wales. The Acts also formed a legal border with England. Although the poor people of Wales may not have been unaware of the laws, the measures were popular with the Welsh gentry, who saw the Acts as bringing legal equality with English citizens.
The Laws in Wales Acts were the result of a long process of assimilation. In the Welsh Principality, assimilation had already been greatly implemented, and so the Acts in reality brought some legal consistency across Wales. Wales had been annexed by England following the conquest by Edward I, under the Statute of Rhuddlan of 1284.
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The Petition of Right (1628) prohibited taxation without law and the quartering of naval personnel in private houses without the owner's consent
The Magna Carta, or the 'Great Charter', is considered to be England's first constitution. It was drafted in 1215 by a group of barons to protect their rights and property against a tyrannical king. The barons forced King John to accept the Magna Carta, which limited the power of the king, making him subject to the law of the land.
The Magna Carta provided the foundation for individual rights in Anglo-American jurisprudence. It included clauses providing for a free church, reforming law and justice, and controlling the behaviour of royal officials. It also guaranteed the rights of 'common' people to use the land and free movement of people.
The document was signed by King John on 15 June 1215, under pressure from his rebellious barons. It was written in a meadow by the River Thames, at Runnymede.
The Magna Carta is widely viewed as one of the most important legal documents in the history of democracy. It has been described as "the democratic aspiration is no mere recent phase in human history... It was written in Magna Carta", by Franklin Delano Roosevelt in his 1941 inaugural address.
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The Instrument of Government (1653) was the first codified constitution of England
The Instrument of Government was adopted by the Council of Officers on 15 December 1653, and Oliver Cromwell was installed as Lord Protector the following day. It was drafted by Major General John Lambert and consisted of 42 articles. It legitimised the power of Cromwell and his generals, and vested executive authority in a "lord protector of the Commonwealth" and a state council of up to 21 members.
The Instrument of Government was an attempt to provide a legal basis for government after the parliamentary failures in the wake of the English Civil Wars. It placed great power in the executive formed by the 'Protector' (the role of national governor set out in the Instrument) and the 'Council of State', many of whose members were military commanders.
The country continued to be governed by military rule, however, according to the Instrument, the Protector was to summon Parliament at least once every three years. Also, Parliament could not be dissolved without its own approval before a minimum of five months had elapsed.
The Instrument of Government was replaced in May 1657 by England's second, and last, codified constitution, the Humble Petition and Advice.
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Frequently asked questions
England's first constitution was the Magna Carta, which was signed in 1215.
The Magna Carta limited the power of the king, making him subject to the law of the land. It also established the right to a fair trial by one's peers and protection from unlawful imprisonment.
The Provisions of Oxford in 1258 set out the basis for the governance of England, establishing a Council of 24 members governed by the monarch but supervised by a parliament.
The first codified constitution of England was the Instrument of Government, established in 1653.
