Monday, November 8, 2010

The general course of the Revolution

February 15, 1641 - King signed the "Triennial Act" - breaks between sessions, no more than 3 years.

Later + interrupt, postpone the meeting of the Parliament and dissolve the Parliament can only be himself.

Later + destruction "star chamber" and the High Commission.

January 1642 - King - New York to collect an army - the beginning of the Civil War.

1645 - "An act of the new model (because of the defeat of Parliament) - the regular army at the expense of state-va.

1647 - King of Scots gave Karla1 Long Parliament (1640 - 1653)

Puritans:

-Presbyterians - About Cromwell - wanted to establish a constitutional monarchy + recognition of human rights: freedom of conscience, speech, etc.

-Levellers - + Republic like the genuine equality of all citizens.

1649 - the court - the king executed

1648 - Praydova cleaning

January 4, 1649 - The House of Commons declared itself the supreme authority of the English statesman-va. People - the source of all authority.

March 7 - the title of king abolished

March 19 - Act on the Elimination of the House of Lords. Was soon established the State Council:

1) opposition to the restoration of the monarchy

2) guide Sun

3) measures to improve trade.

4) Foreign Policy

5) Taxes

The State Council - the supreme body of executive power - accountable to parliament.

May 19, 1649 - A - Republic

1653 - Cromwell accelerates Parliament - the power in the hands of Cromwell.

End of 1653 - a tool management (draft Instrument of Government) - Constitution during the dictatorship of Cromwell (Article 1) All legitimate authority - Lord - the protector and parliament, but the high qualification - unicameral Parliament.

Executive power - the Lord - Protector + State Council (13 - 21).

Lord - Protector: - during the breaks of the Parliament with the consent of the State Council - the commander in chief, concluded a treaty with other States, appointed to all senior positions in state-ve.

- The right to convene an emergency session of parliament + right suspensive veto.

- To - life, Lord - the protector. (Power is based on the fact that he appointed to senior officer positions and members of the State Council).

Gun control - personal dictatorship - jur. fixed Ch. reliance power - the army. For its maintenance tax was introduced, which could not be reduced or waived by the Parliament without the consent of the Lord Protector - the independence of Cromwellian in financial matters.

The legislation of the English Revolution

February 15, 1641 - King signed the "Triennial Act" - breaks between sessions, no more than 3 years.

Later + interrupt, postpone the meeting of the Parliament and dissolve the Parliament can only be himself.

Later + destruction "star chamber" and the High Commission.

1645 - "An act of the new model (because of the defeat of Parliament) - the regular army at the expense of state-va.

03/04/1645 - The act of self-denial - Members of Parliament may not hold positions of command in the army.

End of 1653 - a tool management (draft Instrument of Government) - Constitution during the dictatorship of Cromwell (Article 1) All legitimate authority - Lord - the protector and parliament, but the high qualification - unicameral Parliament.

O. Cromwell's Protectorate

1653 - Cromwell, leader of the Independent, using the general discontent, propels the parliament. Power completely into his hands. Council officers prepare a draft act on the form of government - "Gun Control".

ACT GOSUDRSTVENNOM and Government - The Constitution of England during the dictatorship of O. Cromwell.

1. Supreme legislative power concentrated at the Lord Protector and the people in the face of Parliament.

2. Highest qualification.

3. Executive power - a Lord Protector and the State Council. During breaks between sessions of Parliament Lord Protector, with the consent of the State Council:

commanded the army,

conclude agreements with other states,

appointed senior officials,

had the right to convene extraordinary parliamentary session,

had the right to suspensive veto on laws passed by Parliament.

Mainstay Lord Protector - the army. Cromwell was independent in financial matters. For the maintenance of the army was introduced special tax which the parliament could not cancel or reduce, without the consent of the Lord Protector.

Conclusion: "Gun Control" legal form to a personal dictatorship, declared a life of Cromwell, Lord Protector of Scotland and Ireland. Power based on the fact that the Lord Protector himself appointed members of the State Council and the highest official positions.

Restoration of the Stuarts. The legislation of the Restoration

1660 - O. Cromwell died. Restored Charles II.

1660 - Bredskaya Declaration:

a) not to pursue revolutionary

b) freedom of conscience

a) disputes over land Parliament decide.

1661 - convene a parliament.

Were reinstated House of Lords, Privy Council, whose composition is determined by the king, but he has no judicial powers, is not restored Star Chamber.

The old electoral system:

1) Test Act - (the oath), no position could be occupied without the oath to the King and Parliament (29/03/1673)

2) Habeas corpus Act - to protect individuals from the judicial tyranny, the possibility of release pending trial (1679).

Arrested asked the court to grant him about Habeas Corpus. Upon receipt of the National Assembly - the sheriff was to take the prisoner before a judge, who could release the prisoner from custody prior to sentencing. Person released by the National Assembly could not be re-imprisoned or arrested pending trial for the same crime.

NA Ast - contains a number of legal guarantees of personal immunity.

NA - not issued for treason or serious crime. NA - the principle is, STI and justice courts alone.

Glorious Revolution in 1688. Legislation B. Orange

1685 - against James II - Conspiracy

1688 - King dethroned - invited her husband's daughter of James II - William of Orange

January 1689 - Orange and his wife - Kings (Convent of succession).

1689 - Bill of Rights

1701 - Act of removing

Making a dualistic form of government

After the Glorious Revolution in the UK there is a constitutional monarchy.

Bill of rights - the outcome of the revolution:

Article 1 - The supremacy of Parliament in the law - suspension or withdrawal - of the laws without parliament illegally.

Article 4 - illegal collection and disposal of the crown without the consent of Parliament.

Article 6 - Recruitment and maintenance const. army - only with the consent of Parliament.

Article 5 - right to petition - the prosecution and detention for such petitions were forbidden.

Article 8 - 9 - prosecution for speech in the parliament are forbidden.

13 - to avoid abuse parliament should be convened frequently enough.

1694 - Triennial Act

Article 1 - Parliament - every 3 years.

Article 3 - the parliament did not act for more than three years.

1716 - seven years of the act - the term the parliament's powers 7 years

1701 - an act of dispensation of the Settlement Act.

1) persons who entered the English throne should take Anglicanism.

2) persons born outside the UK can not become a member of the Privy Council, Parliament or take a higher military or political office.

Judges could be suspended from work only on presentation of both Houses of Parliament (Article 3).

SO:

a) the supremacy of Parliament in the legislation

b) Parliament has the exclusive right to decide the budget and army troops.

c) the tenure of judges.

91. Legislation and parliamentary precedents of the times of Queen Anne

and Hanover. Reign of George III. Ministry Pete Younger

1.Akt of a connection with Scotland - 06/03/1707:

- From 01.05.1707 - England + Scotland = Great Britain.

- Right to the throne - Sofia, in accordance with the Settlement act.

- UK Parliament - represents both parts of the kingdom.

- Bringing the legislation in Scotland in accordance with the laws of England.

2. Act of 1707 positions:

- No person holding any public office can not be elected to membership in the lower house, or sit and vote in Parliament.

- If a member of the House of Commons will take the crown any paid position on the crown, his election is not valid.

- An exception to these rules - the officers of the army and navy.

3. The act of ensuring the freedom of parliament by further establishing the conditions of membership for the meeting in the Commons -1710.

- To the right of meeting and serving as a voting member of the House of Commons should have the property brings an annual income of £ 600 after taxes - for the knight county and £ 300 after tax for the city dweller or the Baron of five ports.

During this period, was established model PARL. system, power is proverbial.

1701 - an act of dispensation of the Settlement Act.

1) persons who entered the English throne should take Anglicanism.

2) persons born outside the UK can not become a member of the Privy Council, Parliament or take a higher military or political office.

Judges could be suspended from work only on presentation of both Houses of Parliament (Article 3).

Right to the throne - the offspring of Sofia (daughter Yakova1).

1. Judges are independent of the crown.

2. King can not pardon the accused in the Commons.

Precedents:

1. The first two King did not know English and did not participate in the Privy Council - there was a desk board.

2. By 1742 - the Whig Cabinet Uolpula. As a result, the office has fallen, and a precedent was set: the government, which was expressed kvotum confidence in Parliament should resign.

Demanding the resignation of the government could oppose the king's decree to dissolve parliament and call new elections, winning on which it has remained in power, otherwise it is giving way to their rivals. This system exists in the board Georga3. For the first time the dissolution of the Chamber in the interests of the cabinet - 1784 - under Pitt the Younger.

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