A Bill of Rights is a formal declaration of the fundamental rights and freedoms that are guaranteed to citizens by a governing body, such as a constitution or legislation. It outlines specific protections against government infringement on individual liberties and establishes the limits of governmental authority. Typically, a Bill of Rights includes provisions safeguarding rights such as freedom of speech, religion, assembly, and the press, as well as protections against arbitrary arrest, discrimination, and cruel and unusual punishment. Bills of Rights serve to uphold the rule of law, promote democratic principles, and ensure that individuals are afforded basic human rights and freedoms within a society. They are often considered essential components of democratic governance and legal systems around the world.
The ‘glorious revolution’ of 1688 brought about the downfall of King James II of England (who was also James VII of Scotland); the new monarchs, William and Mary, were obliged in 1689 to accept the terms of the Bill of Rights, which substantially reduced the prerogative powers of the monarchy, and laid the foundation for the principle of Parliamentary supremacy. In particular, the Bill made it unlawful for the monarch to (i) levy taxes; (ii) maintain an army; (iii) make, modify or suspend laws, and (iv) constitute courts without Parliamentary authority. It also made the operation of Parliament (including all debates and speeches) beyond legal challenge in the courts and provided for the free election of its Members. In Scotland, the Claim of Right, which had similar provisions, was enacted in the same year (1689).
See also Constitutional legislation.
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This glossary post was last updated: 29th March 2024.
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