How does the English Bill of Rights limit the power of the monarch.
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The English Bill of Rights, adopted in 1689, was a crucial document that set out the rights and liberties of the people and restricted the powers of the monarch in England. It aimed to prevent the abuse of power by the monarchy and establish a constitutional monarchy where the authority of the monarch is subject to the rule of law.
To understand how it limits the power of the monarch, we need to examine the specific provisions of the English Bill of Rights:
1. The Monarch's Powers: The Bill of Rights confirmed that the monarch's power should be limited and that they must govern according to the law of the land, rather than ruling by divine right. It made it clear that the monarchy's authority derived from Parliament and that the monarch could not disregard or suspend laws without parliamentary consent.
2. Parliament's Authority: The Bill of Rights affirmed the supremacy of Parliament over the Crown. It declared that only Parliament could make or change laws, levy taxes, maintain a standing army, or suspend laws. This provision ensured that the monarch could not unilaterally exercise these powers without Parliament's involvement.
3. Freedom of Speech: The Bill of Rights safeguarded freedom of speech within Parliament, granting members immunity from prosecution for statements made during debates. This protection allowed members of Parliament to openly criticize the monarch's policies and actions without fear of retribution.
4. Prohibition of Cruel and Unusual Punishment: The Bill of Rights prohibited the imposition of cruel and unusual punishments. This provision restricted the monarch's ability to inflict severe or inhumane punishments on individuals, ensuring that punishments were proportional to the offense committed.
5. Right to Bear Arms: The Bill of Rights affirmed the right of Protestant individuals to bear arms for their defense. This provision was intended to counter the monarch's ability to disarm Protestant citizens to prevent rebellion, ensuring that individuals had the means to defend themselves.
6. Right to Fair Trials: The Bill of Rights established the right to a fair and speedy trial by jury. It prevented the monarch from detaining people without a lawful reason and established the principle of habeas corpus, which allows individuals to challenge their imprisonment before a court.
7. Freedom from Excessive Bail and Fines: The Bill of Rights prohibited excessive bail and fines, ensuring that the monarch could not impose punitive financial penalties or set exorbitant bail amounts that would unjustly burden individuals.
By setting out these provisions, the English Bill of Rights significantly curtailed the power of the monarch, making it clear that the monarch was subject to the rule of law, accountable to Parliament, and limited in their ability to infringe upon the rights and liberties of the people.