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Human Rights In England
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law. Codification of human rights is recent, but the UK law had one of the world's longest human rights traditions. Today the main source of jurisprudence is the Human Rights Act 1998, which incorporated the European Convention on Human Rights into domestic litigation. History Codification of human rights is recent, but before the Human Rights Act 1998 and the European Convention on Human Rights, UK law had one of the world's longest human rights traditions. The Magna Carta 1215 bound the King to require Parliament's consent before any tax, respect the right to a trial "by lawful judgment of his Peers, or by the Law of the Land", sta ...
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Parliamentary Archives
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. The term is similar to the idea of a senate, synod or congress and is commonly used in countries that are current or former monarchies. Some contexts restrict the use of the word ''parliament'' to parliamentary systems, although it is also used to describe the legislature in some presidential systems (e.g., the Parliament of Ghana), even where it is not in the official name. Historically, parliaments included various kinds of deliberative, consultative, and judicial assemblies. What is considered to be the first modern parliament, was the Cortes of León, held in the Kingdom of León in 1188. According to the UNESCO, the Decreta of Leon of 1188 is the oldest documentary manifestation of the European parliamentary system. In addition ...
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Claim Of Rights Act 1689
The Claim of Right (c. 28) () is an act passed by the Convention of the Estates, a sister body to the Parliament of Scotland (or Three Estates), in April 1689. It is one of the key documents of United Kingdom constitutional law and Scottish constitutional law. Background In the Glorious Revolution, William of Orange invaded England, landing with his Dutch Army in England on 5 November 1688. King James VII of Scotland, who was also King of England and Ireland as James II, attempted to resist the invasion. He then sent representatives to negotiate, and he finally fled England on 23 December 1688. Whilst the Convention Parliament in England declared that James, as King of England, had abdicated the government, and issued an English Bill of Rights on 13 February 1689 offering the Crown of England to William and Mary, the Scots found themselves facing a more difficult constitutional problem. As James had not been present in Scotland during the crisis and had not fled from Sco ...
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English Civil War
The English Civil War or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of the Three Kingdoms, the struggle consisted of the First English Civil War and the Second English Civil War. The Anglo-Scottish war (1650–1652), Anglo-Scottish War of 1650 to 1652 is sometimes referred to as the ''Third English Civil War.'' While the conflicts in the three kingdoms of England, Kingdom of Scotland, Scotland and Kingdom of Ireland, Ireland had similarities, each had their own specific issues and objectives. The First English Civil War was fought primarily over the correct balance of power between Parliament of England, Parliament and Charles I of England, Charles I. It ended in June 1646 with Royalist defeat and the king in custody. However, victory exposed Parliamentarian divisions over the nature of the political settlemen ...
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Putney Debates
The Putney Debates, which took place from 28 October to 8 November 1647, were a series of discussions over the political settlement that should follow Parliament's victory over Charles I in the First English Civil War. The main participants were senior officers of the New Model Army who favoured retaining Charles within the framework of a constitutional monarchy, and radicals such as the Levellers who sought more sweeping changes, including one man, one vote and freedom of conscience, particularly in religion. Alarmed by what they viewed as the dangerous radicalism and increasing power of the New Model Army, in March 1647 the Presbyterian moderates who dominated the Long Parliament ordered the army to disband, a demand which was refused. In June, the army removed Charles from the custody of Parliament and in August established its headquarters at Putney, just outside the City of Westminster in South West London. Its senior officers or " Grandees" hoped the debates would end pol ...
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Charles I Of England
Charles I (19 November 1600 – 30 January 1649) was King of Kingdom of England, England, Kingdom of Scotland, Scotland, and Kingdom of Ireland, Ireland from 27 March 1625 until Execution of Charles I, his execution in 1649. Charles was born into the House of Stuart as the second son of King James VI of Scotland, but after his father inherited the English throne in 1603, he moved to England, where he spent much of the rest of his life. He became heir apparent to the kingdoms of England, Scotland, and Ireland in 1612 upon the death of his elder brother, Henry Frederick, Prince of Wales. An unsuccessful and unpopular attempt to marry him to Infanta Maria Anna of Spain culminated in an eight-month visit to Habsburg Spain, Spain in 1623 that demonstrated the futility of the marriage negotiation. Two years later, shortly after his accession, he married Henrietta Maria of France. After his accession in 1625, Charles quarrelled with the English Parliament, which sought to curb his ro ...
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Petition Of Right 1628
The Petition of Right, passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state, reportedly of equal value to Magna Carta and the Bill of Rights 1689. It was part of a wider conflict between Parliament and the Stuart monarchy that led to the 1639 to 1653 Wars of the Three Kingdoms, ultimately resolved in the 1688–89 Glorious Revolution. Following a series of disputes with Parliament over granting taxes, in 1627 Charles I of England, Charles I imposed "forced loans", and imprisoned those who refused to pay, without trial. This was followed in 1628 by the use of martial law, forcing private citizens to feed, clothe and accommodate soldiers and sailors, which implied the king could deprive any individual of property, or freedom, without justification. It united opposition at all levels of society, particularly those elements the monarchy depended on for financial support, collecting taxes, administering justice ...
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Simon De Montfort's Parliament
Simon de Montfort's Parliament was an English parliament held from 20 January 1265 until mid-March of the same year, called by Simon de Montfort, a baronial rebel leader. Montfort had seized power in England following his victory over Henry III at the Battle of Lewes during the Second Barons' War, but his grip on the country was under threat. To gain more support, he summoned not only the barons and the knights of the shires, as in previous parliaments, but also burgesses from the major towns. They discussed radical reforms and temporarily stabilised Montfort's political situation. Montfort was killed at the Battle of Evesham later that year, but the idea of inviting both knights and burgesses to parliaments became more popular under Henry's son Edward I. By the 14th century, it had become the norm, with the gathering becoming known as the House of Commons. Background In 1258, King Henry III of England faced a revolt among the English barons. Anger had grown about the wa ...
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Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ...
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False Imprisonment
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus. Under common law, false imprisonment is both a crime and a tort. Imprisonment Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such as the use of force, threat, coercion, or abuse of authority. Detention that is not false imprisonment Not all acts of involuntary detention amount to false imprisonment. An accidental detention will not support a cla ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or " prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has cert ...
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Magna Carta 1215
(Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons who demanded that the King confirm the Charter of Liberties, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift and impartial justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood by their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in ...
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