The Bill of Rights 1689

The Bill of Rights 1689 (formally An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown) is a landmark constitutional statute. It emerged from the Glorious Revolution of 1688–1689, which deposed King James II and established the constitutional framework within which the monarchy operates today. The Bill of Rights remains in force and continues to shape the relationship between Crown and Parliament. It is one of the fundamental documents of the uncodified British constitution, alongside Magna Carta and the Act of Settlement 1701.

Historical Context

James II’s Catholic sympathies and assertion of royal prerogative—including the power to dispense with and suspend laws—alienated Parliament and the Protestant establishment. The King’s use of the dispensing power to appoint Catholics to military and civil offices, and his suspension of laws requiring religious tests, were seen as threats to the established constitutional order. The invitation to William of Orange to intervene led to James’s flight. The Convention Parliament declared that James had abdicated and offered the Crown to William and Mary on terms that would prevent future monarchs from exercising arbitrary power. The Declaration of Right, presented to William and Mary in February 1689, was enacted as the Bill of Rights in December of that year. The Bill of Rights was part of a broader settlement that included the Toleration Act 1689, granting religious freedom to Protestant nonconformists.

Key Provisions

The Bill of Rights declared illegal various acts of James II and established fundamental constitutional principles. It provided that the suspending power (the power to suspend laws without parliamentary consent) is illegal. The dispensing power (the power to dispense with laws in particular cases) as it had been exercised is illegal. Levying money for the Crown without parliamentary grant is illegal. Raising or keeping a standing army in peacetime without parliamentary consent is illegal. Elections must be free. Parliamentary proceedings must not be questioned in any court (Article 9), which remains a cornerstone of parliamentary privilege. Excessive bail and cruel and unusual punishments are prohibited. The Bill of Rights also confirmed the right of subjects to petition the monarch and the right to bear arms for Protestants.

The Succession Provisions

The Bill of Rights settled the succession to the Crown on William and Mary and their descendants, with further provision for Princess Anne. It excluded Catholics and those who married Catholics from the succession. The requirement that the monarch be in communion with the Church of England remains in force. These provisions were modified by the Act of Settlement 1701, which further regulated the succession and established important constitutional principles including judicial independence. More recently, the Succession to the Crown Act 2013 ended male primogeniture and removed the disqualification for marrying a Catholic while preserving the requirement that the monarch be Protestant.

Modern Application

Provisions of the Bill of Rights continue to be invoked in modern litigation. Article 9 — the prohibition on questioning parliamentary proceedings — has been the subject of significant judicial consideration. In Pepper v Hart (1993), the House of Lords held that Article 9 does not prevent courts from referring to parliamentary materials as an aid to statutory interpretation in limited circumstances. In R v Chaytor (2010), the Supreme Court held that parliamentary privilege does not protect MPs from prosecution for expenses fraud, as the criminal conduct did not form part of proceedings in Parliament. The prohibition on cruel and unusual punishments under the Bill of Rights has been invoked in cases concerning sentencing policy, though the courts have generally given it a narrow interpretation. The right to petition the monarch remains a constitutional safeguard, though it is now exercised primarily through parliamentary procedures.

Impact on the Rights of the Subject

The Bill of Rights declared fundamental rights that continue to shape English law. The prohibition on excessive bail and cruel and unusual punishments influenced later reforms of the criminal justice system and sentencing policy. The right to petition the monarch, though rarely exercised directly, underpins the broader right of citizens to seek redress from public authorities. The right to bear arms for Protestants, historically significant in the context of seventeenth-century religious conflict, remains a recognised right in UK law, though it is now subject to extensive regulation under firearms legislation. The requirement that Parliament be held frequently and elections be free has been reinforced by the Parliament Acts 1911 and 1949 and the fixed-term parliaments framework. The Bill of Rights also confirmed the freedom of speech and debates in Parliament, which is the foundation of modern parliamentary privilege.

Constitutional Significance

The Bill of Rights established parliamentary supremacy over the Crown. It confirmed that the monarch’s power derived from Parliament and was conditional on acceptance of the limitations set out in the statute. The prohibition on questioning parliamentary proceedings (Article 9) remains a cornerstone of parliamentary privilege and has been the subject of significant litigation, including in the context of the Pepper v Hart (1993) decision on reference to parliamentary materials. The Bill of Rights, together with the Act of Settlement 1701, the Union with Scotland Act 1706, and the Parliament Acts 1911 and 1949, comprises the essential statutory framework of the uncodified British constitution. The Bill of Rights also influenced the drafting of the United States Bill of Rights (1791) and the European Convention on Human Rights (1950), demonstrating its enduring legacy in global constitutionalism.