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Bill of Rights 1689
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The Bill of Rights[nb 1]
Parliament of England
Long title
An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown.
Citation
1 William & Mary Sess 2 c 2
Dates
Royal assent
16 December 1689
Commencement
1689
Status: Amended
Revised text of statute as amended
The Bill of Rights
Created
1689
Location
Parliamentary Archives
Author(s)
Parliament of England
Purpose
Assert the rights of Parliament and the individual, and ensure a Protestant political supremacy
The Bill of Rights, also known as the English Bill of Rights, is an Act of the Parliament of England that deals with constitutional matters and sets out certain basic civil rights. It received the Royal Assent on 16 December 1689 and is a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William III and Mary II in February 1689, inviting them to become joint sovereigns of England. The Bill of Rights lays down limits on the powers of the monarch and sets out the rights of Parliament, including the requirement for regular parliaments, free elections, and freedom of speech in Parliament. It sets out certain rights of individuals including the prohibition of cruel and unusual punishment and reestablished Protestants to have arms for their defence within the rule of law. Furthermore, the Bill of Rights described and condemned several misdeeds of James II of England.[1]
These ideas reflected those of the political thinker John Locke and they quickly became popular in England.[2] It also sets out—or, in the view of its drafters, restates—certain constitutional requirements of the Crown to seek the consent of the people, as represented in Parliament.[3]
In the United Kingdom, the Bill of Rights is further accompanied by Magna Carta, the Petition of Right, the Habeas Corpus Act 1679 and the Parliament Acts 1911 and 1949 as some of the basic documents of the uncodified British constitution. A separate but similar document, the Claim of Right Act 1689, applies in Scotland. The Bill of Rights 1689 was one of the inspirations for the United States Bill of Rights.
Along with the Act of Settlement 1701, the Bill of Rights is still in effect in all Commonwealth realms. Following the Perth Agreement in 2011, legislation amending both of them came into effect across the Commonwealth realms on 26 March 2015.
Contents
[hide]
1 Background
1.1 Glorious Revolution
1.2 Declaration of Right
2 Provisions of the Act
3 Date and title
4 Augmentation and effect
5 Legal status
5.1 United Kingdom
5.2 Australia
5.3 Canada
5.4 New Zealand
5.5 Republic of Ireland
6 Modern recognition
7 See also
8 Notes
9 References
10 Bibliography
11 External links
Background[edit]
During the 17th century, there was renewed interest in Magna Carta.[4] The Parliament of England passed the Petition of Right in 1628 which established certain liberties for subjects. The English Civil War (1642–1651) was fought between the King and an oligarchic but elected Parliament,[5][6] during which the idea of a political party took form with groups debating rights to political representation during the Putney Debates of 1647.[7] Subsequently, the Protectorate (1653-59) and the English Restoration (1660) restored more autocratic rule although Parliament passed the Habeas Corpus Act in 1679, which strengthened the convention that forbade detention lacking sufficient cause or evidence.
Glorious Revolution[edit]
Main article: Glorious Revolution
Objecting to the policies of King James II of England (James VII of Scotland and James II of Ireland), a group of English Parliamentarians invited the Dutch stadtholder William III of Orange-Nassau (William of Orange) to overthrow the King. William's successful invasion with a Dutch fleet and army led to James fleeing to France. In December 1688, William took over the provisional government by appointment of the peers of the realm, as was the legal right of the latter in circumstances when the King was incapacitated, and summoned an assembly of certain members of parliament. This assembly called for an English Convention Parliament to be elected, which convened on 22 January 1689.[8][9]
Declaration of Right[edit]
Main article: Declaration of Right, 1689
An 18th-century engraving, based on a drawing by Samuel Wale, of the Bill of Rights being presented to William III and Mary II
The proposal to draw up a statement of rights and liberties and James's violation of them was first made on 29 January 1689 in the House of Commons, with members arguing that the House "cannot answer it to the nation or Prince of Orange till we declare what are the rights invaded" and that William "cannot take it ill if we make conditions to secure ourselves for the future" in order to "do justice to those who sent us hither". On 2 February a committee specially convened reported to the Commons 23 Heads of Grievances, which the Commons approved and added some of their own. However, on 4 February the Commons decided to instruct the committee to differentiate between "such of the general heads, as are introductory of new laws, from those that are declaratory of ancient rights". On 7 February the Commons approved this revised Declaration of Right, and on 8 February instructed the committee to put into a single text the Declaration (with the heads which were "introductory of new laws" removed), the resolution of 28 January and the Lords' proposal for a revised oath of allegiance. It passed the Commons without division.[10]
On 13 February the clerk of the House of Lords read the Declaration of Right, and the Marquess of Halifax, in the name of all the estates of the realm, asked William and Mary to accept the throne. William replied for his wife and himself: "We thankfully accept what you have offered us". They then went in procession to the great gate at Whitehall. The Garter King at Arms proclaimed them King and Queen of England, France and Ireland, whereupon they adjourned to the Chapel Royal, with the Bishop of London preaching the sermon.[11] They were crowned on 11 April, swearing an oath to uphold the laws made by Parliament. The Coronation Oath Act 1688 had provided a new coronation oath, whereby the monarchs were to "solemnly promise and swear to govern the people of this kingdom of England, and the dominions thereunto belonging, according to the statutes in parliament agreed on, and the laws and customs of the same". They were also to maintain the laws of God, the true profession of the Gospel, and the Protestant Reformed faith established by law.[12] This replaced an oath which had deferred more to the monarch. The previous oath required the monarch to rule based on "the laws and customs... granted by the Kings of England".[13]
Provisions of the Act[edit]
The Declaration of Right was enacted in an Act of Parliament, the Bill of Rights 1689, which received the Royal Assent in December 1689.[14] The Act asserted "certain ancient rights and liberties" by declaring that:[15]
the pretended power of suspending the laws and dispensing with[nb 2] laws by regal authority without consent of Parliament is illegal;
the commission for ecclesiastical causes is illegal;
levying taxes without grant of Parliament is illegal;
it is the right of the subjects to petition the king, and prosecutions for such petitioning are illegal;
keeping a standing army in time of peace, unless it be with consent of Parliament, is against law;[nb 3]
Protestants may have arms for their defence suitable to their conditions and as allowed by law;
election of members of Parliament ought to be free;
the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;
excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;
jurors in trials for high treason ought to be freeholders;
promises of fines and forfeitures before conviction are illegal and void;
for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.
The Act declared James' flight from England following the Glorious Revolution to be an abdication of the throne. It listed twelve of James's policies by which James designed to "endeavour to subvert and extirpate the protestant religion, and the laws and liberties of this kingdom".[16] These were:[17]
by assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;
by prosecuting the Seven Bishops; by establishing of the court of commissioners for ecclesiastical causes;
by levying taxes for the use of the Crown by pretence of prerogative as if the same was granted by Parliament;
by raising and keeping a standing army within this kingdom in time of peace without consent of Parliament;
by causing Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;
by violating the freedom of election of members to serve in Parliament;
by prosecutions in the Court of King's Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses;
by employing unqualified persons on juries in trials, and jurors in trials for high treason which were not freeholders;
by imposing excessive bail on persons committed in criminal cases against the laws made for the liberty of the subjects;
by imposing excessive fines and illegal and cruel punishments;
by making several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;
all which are utterly and directly contrary to the known laws and statutes and freedom of this realm.
In a prelude to the Act of Settlement to come twelve years later, the Bill of Rights barred Roman Catholics from the throne of England as "it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a papist prince"; thus William III and Mary II were named as the successors of James II and that the throne would pass from them first to Mary's heirs, then to her sister, Princess Anne of Denmark and her heirs (and, thereafter, to any heirs of William by a later marriage).
Date and title[edit]
The Bill of Rights is commonly dated in legal contexts to 1688. This convention arises from the legal fiction (prior to the passage of the Acts of Parliament (Commencement) Act 1793) that an Act of Parliament came into force on the first day of the session in which it was passed. The Bill was therefore deemed to be effective from 13 February 1689 (New Style), or, under the Old Style calendar in use at the time, 13 February 1688. Under the Short Titles Act 1896, the Bill was given the official short title of "The Bill of Rights", without a calendar year suffix.[18]
Augmentation and effect[edit]
See also: Glorious Revolution § Legacy
The Bill of Rights was later supplemented by the Act of Settlement 1701 (which was agreed to by the Parliament of Scotland as part of the Treaty of Union). The Act of Settlement altered the line of succession to the throne laid out in the Bill of Rights.[19] However, both the Bill of Rights and the Claim of Right contributed a great deal to the establishment of the concept of parliamentary sovereignty and the curtailment of the powers of the monarch.[20][21][22] Leading, ultimately, to the establishment of constitutional monarchy,[23] while also (along with the penal laws) settling the political and religious turmoil that had convulsed Scotland, England and Ireland in the 17th century.
The Bill of Rights (1689) reinforced the Petition of Right (1628) and the Habaes Corpus Act (1679) by codifying certain rights and liberties. The rights expressed in these Acts became associated with the idea of the rights of Englishmen,[24] and described as Fundamental Laws of England. The Bill of Rights directly influenced the 1776 Virginia Declaration of Rights,[nb 4] which in turn influenced the Declaration of Independence.[25]
Although not a comprehensive statement of civil and political liberties, the Bill of Rights stands as one of the landmark documents in the development of civil liberties in the United Kingdom and a model for later, more general, statements of rights;[13] these include the United States Bill of Rights, the French Declaration of the Rights of Man and of the Citizen, the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights.[26][27] For example, as with the Bill of Rights 1689, the US Constitution prohibits excessive bail and "cruel and unusual punishment". Similarly, "cruel, inhuman or degrading treatment or punishment" is banned under Article 5 of the Universal Declaration of Human Rights and Article 3 of the European Convention on Human Rights.
Legal status[edit]
The Bill of Rights remains in statute and continues to be cited in legal proceedings in the United Kingdom and other Commonwealth realms, particularly Article 9 on parliamentary freedom of speech.[28][29] Following the Perth Agreement in 2011, legislation amending the Bill of Rights and the Act of Settlement 1701 came into effect across the Commonwealth realms on 26 March 2015 which changed the laws of succession to the British throne.[nb 5]
Part of the Bill of Rights remains in statute in the Republic of Ireland.
United Kingdom[edit]
The Bill of Rights applies in England and Wales; it was enacted in the Kingdom of England which at the time included Wales. Scotland has its own legislation, the Claim of Right Act 1689, passed before the Act of Union between England and Scotland. There are doubts as to whether, or to what extent, the Bill of Rights applies in Northern Ireland.[28][nb 6]
On 21 July 1995 a libel case brought by Neil Hamilton (then a member of parliament) against The Guardian was stopped after Justice May ruled that the Bill of Rights' prohibition on the courts' ability to question parliamentary proceedings would prevent The Guardian from obtaining a fair hearing. Section 13 of the Defamation Act 1996, was subsequently enacted to permit MPs to waive their parliamentary privilege and thus cite their own speeches if relevant to litigation.[32]
Following the United Kingdom European Union membership referendum in 2016, the Bill of Rights was quoted in a court ruling on a legal challenge seeking a judicial declaration that triggering EU exit must first be authorised by an act of Parliament.[33][34]
Australia[edit]
The ninth article, regarding parliamentary freedom of speech, is actively used in Australia.[28]
Canada[edit]
The article on parliamentary freedom of speech is in active use in Canada.[28]
New Zealand[edit]
The Bill of Rights was invoked in New Zealand in the 1976 case of Fitzgerald v Muldoon and Others,[35] which centred on the purporting of newly appointed Prime Minister Robert Muldoon that he would advise the Governor-General to abolish a superannuation scheme established by the New Zealand Superannuation Act, 1974, without new legislation. Muldoon felt that the dissolution would be immediate and he would later introduce a bill in parliament to retroactively make the abolition legal. This claim was challenged in court and the Chief Justice declared that Muldoon's actions were illegal as they had violated Article 1 of the Bill of Rights, which provides "that the pretended power of dispensing with laws or the execution of laws by regal authority ... is illegal."[36]
Republic of Ireland[edit]
The Act was retained in the Republic of Ireland although sections were repealed by the Statute Law Revision Act 2007 section 2(2)(a),[37] and Part 2 of Schedule 1.[38] Section 2(3) of that Act repealed:
all of the Preamble down to "Upon which Letters Elections having been accordingly made"
the seventh paragraph "Subjects’ Arms. That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law."
all words from "And they doe Claime Demand and Insist" down to, but not including, section 2, bars Roman Catholics from Crown or Government, succession et cetera.
Modern recognition[edit]
Two special designs of commemorative two pound coins were issued in the United Kingdom in 1989 to celebrate the tercentenary of the Glorious Revolution. One referred to the Bill of Rights and the other to the Claim of Right. Both depict the Royal Cypher of William and Mary and the mace of the House of Commons, one also shows a representation of the St Edward's Crown and the other the Crown of Scotland.[39]
In May 2011, the Bill of Rights was inscribed in UNESCO's UK Memory of the World Register.[26][40]
As part of the Parliament in the Making programme, the Bill of Rights was on display at the Houses of Parliament in February 2015.[41]
See also[edit]
Crown and Parliament Recognition Act 1689
English Civil War
Financial Revolution
History of liberalism
Toleration Act 1689
Notes[edit]
Jump up ^ The Act is cited as "The Bill of Rights" in the United Kingdom, as authorised by section 1 of, and the First Schedule to, the Short Titles Act 1896. Owing to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978. In the Republic of Ireland, it is cited as "The Bill of Rights 1688", as authorised by section 1 of, and the First Schedule to, the Short Titles Act 1896 (as amended by section 5(a) of the Statute Law Revision Act 2007). The short title of this Act was previously "The Bill of Rights".
Jump up ^ i.e. ignoring
Jump up ^ Arguably, this right is subject to continuing derogation in modern times; see, for example, Armed Forces Act and discussion of the same in Military Covenant.
Jump up ^ Section Seven of the Virginia Declaration of Rights reads,
That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights and ought not to be exercised.
which strongly echoes the first two "ancient rights and liberties" asserted in the Bill of Rights 1689:
That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;
That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;
And the Virginia Declaration's Section Nine,
That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
is borrowed word for word from the Bill of Rights 1689.
Jump up ^ In Quebec the validity of the Canadian parliament's legislation is under judicial review. Blanchfield, Mike (22 July 2013). "Quebec government to mount legal challenge to new royal succession law". National Post [1]
Jump up ^ The United Kingdom consists of four countries and three distinct legal systems: England and Wales, Scotland and Northern Ireland.[30][31] These jurisdictions have particular legal considerations of their own, arising from differences in English law, Scots law and Northern Ireland law.
References[edit]
Jump up ^ "Britain's unwritten constitution". British Library. Retrieved 27 November 2015. The key landmark is the Bill of Rights (1689), which established the supremacy of Parliament over the Crown.... The Bill of Rights (1689) then settled the primacy of Parliament over the monarch’s prerogatives, providing for the regular meeting of Parliament, free elections to the Commons, free speech in parliamentary debates, and some basic human rights, most famously freedom from ‘cruel or unusual punishment’.
Jump up ^ Schwoerer 1990, pp. 531–548.
Jump up ^ Maurice Adams; Anne Meuwese; Ernst Hirsch Ballin (2017). Constitutionalism and the Rule of Law: Bridging Idealism and Realism. Cambridge UP. p. 97.
Jump up ^ "From legal document to public myth: Magna Carta in the 17th century". The British Library. Retrieved 2017-10-16 ; "Magna Carta: Magna Carta in the 17th Century". The Society of Antiquaries of London. Retrieved 2017-10-16.
Jump up ^ "Origins and growth of Parliament". The National Archives. Retrieved 7 April 2015.
Jump up ^ "Rise of Parliament". The National Archives. Retrieved 7 April 2015.
Jump up ^ "Putney debates". The British Library. Retrieved 22 December 2016.
Jump up ^ Anon. 2010, pp. 2–4.
Jump up ^ "Bill of Rights". British Library. Retrieved 23 June 2015.
Jump up ^ Horwitz 1977, p. 12.
Jump up ^ Carpenter 1956, pp. 145–46.
Jump up ^ Williams 1960, pp. 37–39.
^ Jump up to: a b "The Convention and Bill of Rights". UK Parliament. Retrieved 2 November 2014.
Jump up ^ Thatcher 1907, pp. 10.
Jump up ^ Williams 1960, pp. 28–29.
Jump up ^ Williams 1960, p. 26.
Jump up ^ Williams 1960, p. 27.
Jump up ^ "Bill of Rights [1688]". legislation.gov.uk. note X1. Retrieved 14 July 2015.
Jump up ^ "The Act of Settlement". UK Parliament. Retrieved 8 November 2014.
Jump up ^ "The Bill of Rights". British Library. Retrieved 27 November 2015. This vigorous assertion of the rights of the subject meant that the Bill of Rights is often seen as parallel in importance with Magna Carta itself.
Jump up ^ "Rise of Parliament". The National Archives. Retrieved 22 August 2010. Although the Bill of Rights attacked the abuse of prerogative power rather than prerogative power itself, it had the virtue of enshrining in statute what many regarded as ancient rights and liberties. However, some historians maintain that a more profound change in the relationship between sovereign and Parliament emerged as a result of the financial settlement that Parliament negotiated with William and Mary.
Jump up ^ "Constitutionalism: America & Beyond". Bureau of International Information Programs (IIP), U.S. Department of State. Archived from the original on 24 October 2014. Retrieved 30 October 2014. The earliest, and perhaps greatest, victory for liberalism was achieved in England. The rising commercial class that had supported the Tudor monarchy in the 16th century led the revolutionary battle in the 17th, and succeeded in establishing the supremacy of Parliament and, eventually, of the House of Commons. What emerged as the distinctive feature of modern constitutionalism was not the insistence on the idea that the king is subject to law (although this concept is an essential attribute of all constitutionalism). This notion was already well established in the Middle Ages. What was distinctive was the establishment of effective means of political control whereby the rule of law might be enforced. Modern constitutionalism was born with the political requirement that representative government depended upon the consent of citizen subjects.... However, as can be seen through provisions in the 1689 Bill of Rights, the English Revolution was fought not just to protect the rights of property (in the narrow sense) but to establish those liberties which liberals believed essential to human dignity and moral worth. The "rights of man" enumerated in the English Bill of Rights gradually were proclaimed beyond the boundaries of England, notably in the American Declaration of Independence of 1776 and in the French Declaration of the Rights of Man in 1789.
Jump up ^ Walker 2009, p. 2: "thereby establishing a constitutional monarchy".
Jump up ^ Billias 2011, p. 54.
Jump up ^ Maier 1997, pp. 126–28.
^ Jump up to: a b "2011 UK Memory of the World Register". United Kingdom National Commission for UNESCO. 23 May 2011. Retrieved 4 June 2011. All the main principles of the Bill of Rights are still in force today, and the Bill of Rights continues to be cited in legal cases in the UK and in Commonwealth countries. It has a primary place in a wider national historical narrative of documents which established the rights of Parliament and set out universal civil liberties, starting with Magna Carta in 1215. It also has international significance, as it was a model for the US Bill of Rights 1789, and its influence can be seen in other documents which establish rights of human beings, such as the Declaration of the Rights of Man, the United Nations Declaration of Human Rights and the European Convention on Human Rights.
Jump up ^ "Facts About the Bill of Rights on Its 220th Anniversary". History.com. 15 December 2011. Archived from the original on 4 October 2013. Retrieved 29 September 2012.
^ Jump up to: a b c d Lock 1989, pp. 540–561.
Jump up ^ Toporoski, Richard (Summer 1996). "Monarchy Canada: The Invisible Crown". Archived from the original on 17 June 1997.
Jump up ^ "A Guide to the UK Legal System". Hauser Global Law School Program, New York University School of Law. November 2005. Retrieved 16 March 2016.
Jump up ^ "The Legal System of the United Kingdom". The Chartered Institute of Legal Executives. Archived from the original on 13 March 2016. Retrieved 16 March 2016.
Jump up ^ Alexander Horne; Oonagh Gay (21 May 2014). "Ending the Hamilton Affair?". UK Constitutional Law Association Blog. Retrieved 19 March 2015.
Jump up ^ "Miller & Anor, R (On the Application Of) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (03 November 2016)". England and Wales High Court (Administrative Court) Decisions. 3 November 2016. Retrieved 4 November 2016. This subordination of the Crown (i.e. the executive government) to law is the foundation of the rule of law in the United Kingdom. It has its roots well before the war between the Crown and Parliament in the seventeenth century but was decisively confirmed in the settlement arrived at with the Glorious Revolution in 1688 and has been recognised ever since,
Sir Edward Coke reports the considered view of himself and the senior judges of the time in The Case of Proclamations (1610) 12 Co. Rep. 74, that:
"the King by his proclamation or other ways cannot change any part of the common law, or statute law, or the customs of the realm"
and that:
"the King hath no prerogative, but that which the law of the land allows him."
The position was confirmed in the first two parts of section 1 of the Bill of Rights 1688:
"Suspending power - That the pretended power of suspending of laws or the execution of laws by regall authority without consent of Parlyament is illegall.
Late dispensing power - That the pretended power of dispensing with laws or the execution of laws by regall authoritie as it hath beene assumed and exercised of late is illegall."
Jump up ^ "Brexit court ruling: Your questions answered". BBC. Retrieved 4 November 2016.
Jump up ^ "The Constitutional Setting". States Services Commission, New Zealand. Archived from the original on 16 October 2008.
Jump up ^ "The legitimacy of judicial review of executive decision-making". New Zealand Law Society. Archived from the original on 4 February 2010.
Jump up ^ "Statute Law Revision Act 2007 Section 2". Irish Statute Book.
Jump up ^ "Statute Law Revision Act 2007 Schedule 1". Irish Statute Book.
Jump up ^ "Two Pound Coin". The Royal Mint. Retrieved 15 February 2015.
Jump up ^ "Life, death and everything in between". UK Parliament. 23 May 2011. Retrieved 4 June 2011.
Jump up ^ "Magna Carta & Parliament Exhibition". UK Parliament. Retrieved 15 February 2015.
Bibliography[edit]
Anon. (2010). "The Glorious Revolution". Factsheet General Series. G4. House of Commons Information Office.
Billias, George Athan (2011). American constitutionalism heard round the world, 1776-1989 : a global perspective. New York: New York University Press. ISBN 9780814725177.
Blick, Andrew (2015). "Magna Carta and contemporary constitutional change". History and Policy.
Carpenter, Edward (1956). The Protestant Bishop. Being the Life of Henry Compton, 1632–1713. Bishop of London. London: Longmans, Green and Co. OCLC 1919768.
Horwitz, Henry (1977). Parliament, Policy and Politics in the Reign of William III. Manchester University Press. ISBN 978-0-7190-0661-6.
Lock, Geoffrey (1989). "The 1689 Bill of Rights". Political Studies. 37 (4): 540–561. doi:10.1111/j.1467-9248.1989.tb00288.x.
Maier, Pauline (1997). American Scripture: Making the Declaration of Independence. New York: Knopf. ISBN 0-679-45492-6.
Schwoerer, Lois G. (1990). "Locke, Lockean Ideas, and the Glorious Revolution". Journal of the History of Ideas. University of Pennsylvania Press. 51 (4). JSTOR 2709645.
Thatcher, Oliver Joseph (ed.) (1907). The library of original sources. University Research Extension. CS1 maint: Extra text: authors list (link)
Walker, Aileen; Gay, Oonagh; Maer, Lucinda (2009). "Bill of Rights 1689". House of Commons Library.
Williams, E. N. (1960). The Eighteenth-Century Constitution. 1688–1815. Cambridge University Press. OCLC 1146699.
External links[edit]
Wikisource has original text related to this article:
Bill of Rights 1689
Wikimedia Commons has media related to English Bill of Rights of 1689.
Text of the Bill of Rights Yale Law School Law Library
Text of the Bill of Rights 1689 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk
The Parliamentary Archives holds the original document
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Extradition law in the United States
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Extradition law in the United States is the formal process by which a fugitive found in the United States is surrendered to another country or state for trial or punishment. For foreign countries, the process is regulated by treaty and conducted between the federal government of the United States and the government of a foreign country. The process is considerably different from interstate or intrastate extradition. Florida, Alaska, and Hawaii do not extradite for a misdemeanor conviction that was convicted in the US, as of 2010. Some felonies are an exception in American law such as a crime that is violent in nature, or a sexual offense, or felony driving while intoxicated; they will entail extradition from all states in the United States. Theft charges and small drug crimes are the exception; for instance, if a minor crime is committed in Florida, a person apprehended in Idaho will not be extradited back to the original crime's jurisdiction. Federal charges are governed by US federal law and most states, with the exceptions of South Carolina and Missouri, have adopted the Uniform Criminal Extradition Act. In practice, Florida, Alaska, and Hawaii typically do not extradite if the crime in question is not a felony because of the associated costs of transporting the suspect and the housing fees that must be paid to the jurisdiction in which he is held until transported.
Contents
[hide]
1 Interstate extradition
2 International extradition
2.1 Extradition from the United States
2.1.1 Habeas Corpus in International Extradition
2.2 Extradition to the United States
3 References
4 External links
Interstate extradition[edit]
The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a "treason, felony or other crime" to the state from which the fugitive has fled. 18 U.S.C. § 3182 sets the process by which an executive of a state, district, or territory of the United States must arrest and turn over a fugitive from another state, district, or territory.
For a person to be extradited interstate, 18 U.S.C. § 3182 requires:
An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled.
The requesting executive must also produce a copy of an indictment found or an affidavit made before a magistrate of any state or territory. The document must charge the fugitive demanded with having committed treason, felony, or other crime, and it must be certified as authentic by the governor or chief magistrate of the state or territory from where the person so charged has fled.
The executive receiving the request must then cause the fugitive to be arrested and secure and to notify the requesting executive authority or agent to receive the fugitive.
An agent of the executive of the state demanding extradition must appear to receive the prisoner, which must occur within 30 days from time of arrest, or the prisoner may be released. Some states allow longer waiting periods, of up to 90 days.
Cases of kidnapping by a parent to another state see automatic involvement by the US Marshals Service.
In Kentucky v. Dennison,[1] decided in 1860, the Supreme Court held that, although the governor of the asylum state had a constitutional duty to return a fugitive to the demanding state, the federal courts had no authority to enforce this duty. As a result, for more than 100 years, the governor of one state was deemed to have discretion on whether or not he/she would comply with another state's request for extradition.
In a 1987 case, Puerto Rico v. Branstad,[2] the Court overruled Dennison, and held that the governor of the asylum state has no discretion in performing his or her duty to extradite, whether that duty arises under the Extradition Clause of the Constitution or under the Extradition Act (18 U.S.C. § 3182), and that a federal court may enforce the governor's duty to return the fugitive to the demanding state.[3] There are only four grounds upon which the Governor of the asylum state may deny another state’s request for extradition: (1) the extradition documents facially are not in order; (2) the person has not been charged with a crime in the demanding state; (3) the person is not the person named in the extradition documents; or (4) the person is not a fugitive.[4] There appears to be at least one additional exception: if the fugitive is under sentence in the asylum state, he need not be extradited until his punishment in the asylum state is completed.[5]
International extradition[edit]
Further information: List of United States extradition treaties
United States of America (shown in purple) has extradition treaties with the countries shown in light blue
The United States has extradition treaties with more than 100 countries. Of the treaties most are dual criminality treaties with the remaining being list treaties. A list of countries with which the United States has an extradition treaty relationship can be found in the Federal Criminal Code and Rules, following 18 U.S.C. § 3181, but this list may not be completely accurate.[6] (This list is reproduced as the list of United States extradition treaties.)
The United States maintains diplomatic relations but, according to the above-mentioned list, does not have extradition treaties with the following countries:
Afghanistan
Algeria
Andorra
Angola
Armenia
Bahrain
Bangladesh
Belarus
Botswana
Brunei
Burkina Faso
Burma
Burundi
Cambodia
Cameroon
Cape Verde
Central African Republic
Chad
China (except Hong Kong)
Comoros
Congo (Kinshasa)
Djibouti
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Guinea
Guinea-Bissau
Indonesia
Ivory Coast
Kazakhstan
Kuwait
Laos
Lebanon
Libya
Madagascar
Maldives
Mali
Marshall Islands
Mauritania
Micronesia
Moldova
Mongolia
Morocco
Mozambique
Namibia
Nepal
Niger
North Korea
Oman
Qatar
Russia
Rwanda
Samoa
São Tomé & Príncipe
Saudi Arabia
Senegal
Somalia
Sudan
South Sudan
Togo
Tunisia
Uganda
Ukraine
United Arab Emirates
Uzbekistan
Vanuatu
Vatican City
Vietnam
Yemen
And the countries formerly part of Yugoslavia:
Bosnia and Herzegovina
Croatia
Kosovo
Macedonia
Montenegro
Serbia
As well as these countries that have no diplomatic relations with the United States:
Bhutan
Iran (relations severed in 1980)
North Korea
Syria (relations suspended in 2012)
Even the partially recognized countries that have no diplomatic relations with but not recognized by the United States:
Abkhazia
Nagorno-Karabakh Republic
Northern Cyprus
Sahrawi Arab Democratic Republic
Somaliland
South Ossetia
Taiwan
Transnistria
Extradition from the United States[edit]
Generally under United States law (18 U.S.C. § 3184), extradition may be granted only pursuant to a treaty.[6] Some countries grant extradition without a treaty, but every such country requires an offer of reciprocity when extradition is accorded in the absence of a treaty.[6] Further, the 1996 amendments to 18 U.S.C. 3181 and 3184 permit the United States to extradite, without regard to the existence of a treaty, persons (other than citizens, nationals or permanent residents of the United States) who have committed crimes of violence against nationals of the United States in foreign countries.[6]
All extradition treaties in force require foreign requests for extradition to be submitted through diplomatic channels, usually from the country's embassy in Washington to the Department of State.[7] Many treaties also require that requests for provisional arrest be submitted through diplomatic channels, although some permit provisional arrest requests to be sent directly to the Department of Justice.[7] The Department of State reviews foreign extradition demands to identify any potential foreign policy problems and to ensure that there is a treaty in force between the United States and the country making the request, that the crime or crimes are extraditable offenses, and that the supporting documents are properly certified in accordance with 18 U.S.C. § 3190.[7] If the request is in proper order, an attorney in the State Department's Office of the Legal Adviser prepares a certificate attesting to the existence of the treaty, that the crime or crimes are extraditable offenses, and that the supporting documents are properly certified in accordance with 18 U.S.C. § 3190, and forwards it with the original request to the Justice Department's Office of International Affairs ("OIA").[7]
Once the OIA receives a foreign extradition request, it reviews the request for sufficiency and forwards sufficient requests to the United States Attorney's Office for the judicial district in which the fugitive is located.[8] The U.S. Attorney's office then obtains a warrant, and the fugitive is arrested and brought before the magistrate judge or the US district judge.[8] The government opposes bond in extradition cases.[8] Unless the fugitive waives his or her right to a hearing, the court will hold a hearing pursuant to 18 U.S.C. § 3184 to determine whether the fugitive is extraditable.[8] If the court finds the fugitive to be extraditable, it enters an order of extraditability and certifies the record to the Secretary of State, who decides whether to surrender the fugitive to the requesting government.[8] OIA notifies the foreign government and arranges for the transfer of the fugitive to the agents appointed by the requesting country to receive him or her. Although the order following the extradition hearing is not appealable (by either the fugitive or the government), the fugitive may petition for a writ of habeas corpus as soon as the order is issued.[8] The district court's decision on the writ is subject to appeal, and the extradition may be stayed if the court so orders.[8]
Habeas Corpus in International Extradition[edit]
Habeas corpus is a legal procedure initiated by an individual to test the legality of his detention by the government.[9] To benefit from habeas corpus, the affected person, or someone on his behalf, must file a petition for relief before a court with jurisdiction. The procedure is contained in 28 U.S.C. § 2241 et. seq. When the habeas petition contests the decision of an extradition magistrate, the individual must argue that his detention and surrender to a foreign country violates the United States Constitution, the applicable extradition treaty, or a federal statute.[10]
Because orders of extradition cannot be appealed,[11] the only means for an individual to have them reviewed is to file a request for a writ of habeas corpus. The government, on the other hand, may renew its request if the original one is denied.[12] Habeas corpus review by a district court is generally available whenever an individual “is in custody in violation of the Constitution or laws or treaties of the United States,”[13] and is provided for several different types of detention in addition to extradition, such as detention after a criminal conviction, and for military purposes. As part of its habeas review, the court will normally accept the factual findings of the extradition magistrate,[14] while legal issues are considered anew.[15]
The scope of review of a writ of habeas corpus in extradition is meant to be limited.[16] It is settled to cover at least inquiries on whether: (1) the extradition magistrate acquired jurisdiction over the individual and the matter; (2) the crime for which extradition is sought is included within the treaty as an extraditable offense, and (3) whether there is probable cause to commit the relator to trial.[17] Many courts, however, have adopted an “expanded” scope of habeas review that additionally considers issues about the violation of constitutional rights.[18]
Petitioners in extradition cases may contest the legality of their detention though a habeas proceeding by arguing, for example, that the extradition treaty is not in force,[19] that the alleged crime constitutes political behavior subject to exception,[20] that the determination of extraditability by the magistrate has not been made according to the requirements of the applicable United States statutes and treaty,[21] that the extradition procedure does not comply with the Constitution,[22] and that the relator has not been formally charged.[23]
Even though the decision of the extradition magistrate cannot be appealed, the habeas corpus determination by the district court is subject to appeal to the corresponding circuit court. Thereafter, review may be sought through certiorari to the Supreme Court.
Extradition to the United States[edit]
The federal structure of the United States can pose particular problems with respect to extraditions when the police power and the power of foreign relations are held at different levels of the federal hierarchy. For instance, in the United States, most criminal prosecutions occur at the state level, and most foreign relations occur at the federal level. In fact, under the United States Constitution, foreign countries may not have official treaty relations with sub-national units such as individual states; rather, they may have treaty relations only with the federal government. As a result, a state that wishes to prosecute an individual located in a foreign country must direct its extradition request through the federal government, which will negotiate the extradition with the foreign country. However, due to the constraints of federalism, any conditions on the extradition accepted by the federal government—such as not to impose the death penalty—are not binding on individual states.[24]
In the case of Soering v. United Kingdom, the European Court of Human Rights ruled that the United Kingdom was not permitted under its treaty obligations to extradite an individual to the United States, because the United States' federal government was constitutionally unable to offer binding assurances that the death penalty would not be sought in Virginia courts. Ultimately, the Commonwealth of Virginia itself had to offer assurances to the federal government, which passed those assurances on to the United Kingdom, which extradited the individual to the United States.
Additional problems can arise due to differing criteria for crimes. For instance, in the United States, crossing state lines is a prerequisite for certain federal crimes (otherwise crimes such as murder are handled by state governments except in certain circumstances such as the killing of a federal official).[citation needed] This transportation clause is absent from the laws of many countries. Extradition treaties or subsequent diplomatic correspondence often include language providing that such criteria should not be taken into account when checking if the crime is one in the country from which extradition should apply.
To clarify the above point, if a person in the United States crosses the borders of the United States to go to another country, then that person has crossed a federal border, and federal law would apply in addition to state law. Crossing state lines (within the U.S.) in committing a crime could also create federal jurisdiction. In addition, travel by airplane in the United States subjects one to federal law, as all airports are subject to federal jurisdiction.[citation needed]
It is unlawful for U.S. citizens to enter or exit the United States without a valid U.S. passport or Western Hemisphere Travel Initiative–compliant passport-replacement document, or without an exception or waiver.[25][26][27] An application is required for the issuance of a passport.[28] If a fugitive being extradited to the United States refuses to sign a passport application, the consular officer can sign it "without recourse".[29]
References[edit]
Jump up ^ 65 U.S. (24 How.) 66 (1860)
Jump up ^ 483 U.S. 219 (1987)
Jump up ^ See also, Alabama ex rel. its Governor & Attorney General v. Engler, 85 F.3d 1205 (6th Cir. 1996) (Governor of Michigan directed to return a fugitive to Alabama)
Jump up ^ 85 F.3d at 1208.
Jump up ^ See People ex rel. Focarile ex rel. McNeil v. Goord, 12 Misc. 3d 981, 819 N.Y.S.2d 815 (Sup. 2006).
^ Jump up to: a b c d "9-15.100 International Extradition and Related Matters: Definition and General Principles". United States Attorneys' Manual. U.S. Department of Justice. Retrieved 11 June 2013.
^ Jump up to: a b c d "Criminal Resource Manual: 612 Role of the Department of State in Foreign Extradition Requests". United States Attorneys' Manual. Title 9: Criminal Division. Washington, D.C.: U.S. Department of Justice. 21 June 2010. Retrieved 1 September 2013.
^ Jump up to: a b c d e f g "9-15.700 International Extradition and Related Matters: Foreign Extradition Requests". United States Attorneys' Manual. U.S. Department of Justice. Retrieved 11 June 2013.
Jump up ^ 28 U.S.C. § 2241 et. seq.
Jump up ^ See M. Cherif Bassiouni, International Extradition 933-44 (2014).
Jump up ^ Collins v. Miller, 252 U.S. 364, 369 (1920)(“proceeding before a committing magistrate in international extradition is not subject to correction by appeal.”); In re Mackin, 668 F.2d 122, 127-28 (2nd Cir. 1981) (citing over a dozen cases supporting such proposition).
Jump up ^ Collins v. Loisel, 262 U.S. 426, 429 (1923) (double jeopardy not applicable to extradition orders); Brown v. Allen, 344 U.S. 443, 458 (1953) (res judicata not applicable to habeas proceedings).
Jump up ^ 28 U.S.C. § 2241(c)(3).
Jump up ^ Ornelas v. Ruiz, 161 U.S. 502, 509 (1896) (factual findings reviewed for clear error); Ordinola v. Hackman, 478 F.3d 588, 599 (4th Cir. 2007) (factual findings by extradition magistrate deserve deference by habeas court). But see Artemio Rivera, The Consideration of Factual Issues in Extradition Habeas, 83 U. Cin. L. Rev. 809 (2015) for a discussion of the proper scope of habeas corpus in international extradition, and a criticism of the standard of review for factual issues.
Jump up ^ Sacirbey v. Guccione, 589 F.3d 52, 63(2nd Cir. 2009); Noriega v. Pastrana, 564 F.3d 1290, 1294 (11th Cir. 2009).
Jump up ^ Terliden v. Ames, 184 U.S. 270, 278 (1902) (“The settled rule is that the writ of habeas corpus cannot perform the office of a writ of error…”).
Jump up ^ Ornelas v. Ruiz, 161 U.S. 502, 508-09 (1896); Fernandez v. Phillips, 268 U.S. 311, 312 (1925).
Jump up ^ See In re Burt, 737 F.2d 1477 (7th Cir. 1984); Plaster v. United States, 720 F.2d 340 (4th Cir. 1983).
Jump up ^ Noriega v. Pastrana, 564 F.3d 1290, 1295 (11th Cir. 2009)(“[t]he issue of whether the treaty of extradition has no force because another treaty or law prevents its operation” is a fundamental one reviewable through a writ of habeas corpus.)
Jump up ^ Quinn v. Robinson, 783 F.2d 776,786-87 (9th Cir. 1986); Eain v. Wilkes, 641 F.2d 504, 520 (7th Cir. 1981).
Jump up ^ See 28 U.S.C. § 2241 (c)(3) (habeas review available when the prisoner is “in custody in violation of the Constitution or laws or treaties of the United States.”); Skaftouros v. United States, 667 F.3d 144, 158 (2nd Cir. 2011) (“despite the narrow scope of habeas review in the extradition context, it is nevertheless our duty to ensure that the applicable provisions of the treaty and the governing American statutes are complied with.”).
Jump up ^ In re Burt, 737 F.2d 1477, 1484 (7th Cir. 1984).
Jump up ^ Sacirbey v. Guccione, 589 F.3d 52, 64 n. 16 (2nd Cir. 2009).
Jump up ^ Wilson, Steven Harmon, ed. (2012). The U.S. Justice System: An Encyclopedia. Santa Barbara, Cal.: ABC-CLIO. p. 527. ISBN 978-1-59884-304-0. LCCN 2011041731. OCLC 773670169. The political structure of countries, such as the federal structure of the United States, can bring about an additional difficulty in extradition proceedings, inasmuch as the governments of foreign nations have official relations only with the federal governments, not with the governments of a country's constituent states. It is not always clear whether an extradition agreement with the federal government is also binding to the states when a matter of state jurisdiction is involved.
Jump up ^ Capassakis, Evelyn (1981). "Passport Revocations or Denials on the Ground of National Security and Foreign Policy". Fordham L. Rev. 49 (6): 1178–1196.
Jump up ^ § 215 of the Immigration and Nationality Act of 1952 (currently codified at 8 U.S.C. § 1185)
Jump up ^ 22 C.F.R. 53
Jump up ^ 22 U.S.C. § 213
Jump up ^ U.S. Department of State Foreign Affairs Manual. 7 FAM 1625.5(e); 7 FAM 1636(b); 7 FAM 1351 Appendix N (a)(2).
External links[edit]
Chapter 209 of the United States Code - Extradition
9-15.000 Criminal Resource Manual - International Extradition and Related Matters from the United States Attorneys' Manual
Organization of American States - Extradition
U.S. Department of State - Independent States in the World
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Get Outta Dodge
From Wikipedia, the free encyclopedia
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For the idiom, see Wiktionary:get out of Dodge.
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (March 2016) (Learn how and when to remove this template message)
Get Outta Dodge
Studio album by Huevos Rancheros
Released
September 30, 1996
Genre
Alternative rock
instrumental rock
Label
Mint Records
Huevos Rancheros chronology
Dig In!
(1995)Dig In!1995 Get Outta Dodge
(1996) The Wedge
(1999)The Wedge1999
Get Outta Dodge is the third studio album by Huevos Rancheros, a Canadian indie rock band. It was released on September 30, 1996, on Mint Records. It was licensed out to Konkurrent Records in the Netherlands. The title refers to the expression "Get out of Dodge", an exhortation that on the drama series Gunsmoke was sometimes given to villains whom the heroes wanted out of Dodge City, Kansas.
Get Outta Dodge was the first album with new bassist Tom Kennedy, who replaced Graham Evans.
The album was a Juno Award nominee for Best Alternative Album at the Juno Awards of 1998.[1]
Track listing[edit]
All songs written by Brent J. Cooper, Tom Kennedy and Richie Lazarowich, except where noted.
"What a Way to Run a Railroad"
"Interstate Death Toll"
"Shadow of the Apache"
"Smartbomb" (Cooper/Evans/Lazarowich)
"Get Outta Dodge" (Cooper/Evans/Lazarowich)
"Night of the Iguana"
"The Lonely Bull" (Sol Lake)
References[edit]
Jump up ^ "Top Canadian talent up for Juno awards". Vancouver Province, February 12, 1998.
This 1990s indie rock album-related article is a stub. You can help Wikipedia by expanding it.
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Eataw
From Wikipedia, the free encyclopedia
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This article is an orphan, as no other articles link to it. Please introduce links to this page from related articles; try the Find link tool for suggestions. (December 2011)
This article contains content that is written like an advertisement. Please help improve it by removing promotional content and inappropriate external links, and by adding encyclopedic content written from a neutral point of view. (December 2011) (Learn how and when to remove this template message)
(Learn how and when to remove this template message)
The European Association for the Teaching of Academic Writing (EATAW)[1] is an academic association supporting scholarly activity in academic writing.[2] The association was first established in 1999[3] with the first conference being held in 2001.[4] The Europe-wide association has three main activities: a bi-annual conference, an Internet forum and the Journal of Academic Writing.[5]
Contents
[hide]
1 The EATAW Conference
2 The Journal of Academic Writing
3 References
4 External links
The EATAW Conference[edit]
The EATAW conference is held every two years in a European University. It was first held in 2001 in Groningen. The occasion of the bi-annual conference is when the EATAW board is elected for a term of two years.[6]
Year
Country
Host institution
Keynotes speakers
Source
2001 Netherlands Groningen
2003 Hungary Central European University Conference Center, Budapest [7]
2005 Greece Hellenic American Union, Athens Lotte Rienecker [8]
2007 Germany Ruhr-Universität Bochum Kirsti Lonka, Ken Hyland [9]
2009 England Coventry University Sally Mitchell, Christian Schunn, Gabriela Ruhmann [10]
2011 Ireland University of Limerick Peter Elbow, Katrin Girgensohn [11]
2013 Hungary Central European University Conference Center, Budapest Paul Kei Matsuda,[12] Christiane Donahue,[13] Bojana Petric[14] [15]
2015 Estonia Tallinn University of Technology, Tallinn Ulla Connor, Caroline Coffin, Jim Donohue, Terry Myers Zawacki [16]
2017 England Royal Holloway, University of London [17]
The Journal of Academic Writing[edit]
The Journal of Academic Writing is a peer reviewed journal established by EATAW.[5]
References[edit]
Jump up ^ "Home". Retrieved 30 November 2016.
Jump up ^ "The Roles of Writing Development in Higher Education and Beyond'. — ADM-HEA". Adm.heacademy.ac.uk. Retrieved 2012-05-09.
Jump up ^ Central European University (15 July 2013). "CEU's Center for Academic Writing Hosts 7th EATAW Conference". Retrieved 30 November 2016 – via YouTube.
Jump up ^ "British Council - Serbia". Retrieved 30 November 2016.
^ Jump up to: a b "Journal of Academic Writing". E-learning.coventry.ac.uk. Retrieved 2012-05-09.
Jump up ^ http://www.eataw.eu/eataw-board.html
Jump up ^ "EARLI-SIG-WRITING Archives". JISCMail. Retrieved 2012-05-09.
Jump up ^ "EATAW / Athens Conference 2005". Eataw2005.hau.gr. Retrieved 2012-05-09.
Jump up ^ "EATAW International Conference 2007, June 30 to July 02, 2007, Ruhr Universität Bochum". Schreibzentrum.de. 2007-07-02. Retrieved 2012-05-09.
Jump up ^ "Coventry University - EATAW 2009". .coventry.ac.uk. Retrieved 2012-05-09.
Jump up ^ "Welcome to the EATAW 2011 website". www.ul.ie. 2011-07-01. Retrieved 2012-05-09.
Jump up ^ Central European University (12 July 2013). "Paul Kei Matsuda, EATAW Keynote Address on Multilingualism". Retrieved 30 November 2016 – via YouTube.
Jump up ^ Central European University (15 July 2013). "Christiane Donahue, EATAW Plenary Workshop". Retrieved 30 November 2016 – via YouTube.
Jump up ^ Central European University (16 July 2013). "Bojana Petric, EATAW Final Plenary". Retrieved 30 November 2016 – via YouTube.
Jump up ^ http://www.eataw2013.eu/index.php?c=9
Jump up ^ Interactive, E-turundusagentuur ADM. "EATAW 2015 < Projects < Tallinn University of Technology". Retrieved 30 November 2016.
Jump up ^ "EATAW2017". Retrieved 30 November 2016.
External links[edit]
The EATAW website
Retrieved from "https://en.wikipedia.org/w/index.php?title=Eataw&oldid=753057051"
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