Human Rights In The United Kingdom
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Human Rights In The United Kingdom
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law. Codification of human rights is recent, but the UK law had one of the world's longest human rights traditions. Today the main source of jurisprudence is the Human Rights Act 1998, which incorporated the European Convention on Human Rights into domestic litigation. History Codification of human rights is recent, but before the Human Rights Act 1998 and the European Convention on Human Rights, UK law had one of the world's longest human rights traditions. The Magna Carta 1215 bound the King to require Parliament's consent before any tax, respect the right to a trial "by lawful judgment of his Peers, or by the Law of the Land", state ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Parliament Of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised the English monarch. Great councils were first called Parliaments during the reign of Henry III (). By this time, the king required Parliament's consent to levy taxation. Originally a unicameral body, a bicameral Parliament emerged when its membership was divided into the House of Lords and House of Commons, which included knights of the shire and burgesses. During Henry IV's time on the throne, the role of Parliament expanded beyond the determination of taxation policy to include the "redress of grievances," which essentially enabled English citizens to petition the body to address complaints in their local towns and counties. By this time, citizens were given the power to vote to elect their representatives—the burgesses—to the H ...
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John Locke
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of the first of the British Empiricism, empiricists, following the tradition of Francis Bacon, Locke is equally important to social contract theory. His work greatly affected the development of epistemology and political philosophy. His writings influenced Voltaire and Jean-Jacques Rousseau, and many Scottish Enlightenment thinkers, as well as the American Revolutionaries. His contributions to classical republicanism and liberal theory are reflected in the United States Declaration of Independence. Internationally, Locke’s political-legal principles continue to have a profound influence on the theory and practice of limited representative government and the protection of basic rights and freedoms under the rule of law. ...
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Claim Of Rights Act 1689
The Claim of Right (c. 28) is an Acts of Parliament, Act passed by the Convention of the Estates of Scotland, Convention of the Estates, a sister body to the Parliament of Scotland (or Three Estates), in April 1689. It is one of the key documents of United Kingdom constitutional law and Scots Law, Scottish constitutional law. Background In the Glorious Revolution, William III of England, William of Orange landed with his army in England on 5 November 1688. King James II of England, James VII of Scotland, who was also King of England and Ireland as James II, attempted to resist the invasion. He then sent representatives to negotiate, and he finally fled England on 23 December 1688. Whilst the Convention Parliament (1689), Convention Parliament in England declared that James, as King of England, had abdicated the Government, and issued an Bill of Rights 1689, English Bill of Rights on 13 February 1689 offering the Crown of England to William and Mary II of England, Mary, the Scot ...
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English Civil War
The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of religious freedom. It was part of the wider Wars of the Three Kingdoms. The first (1642–1646) and second (1648–1649) wars pitted the supporters of King Charles I against the supporters of the Long Parliament, while the third (1649–1651) saw fighting between supporters of King Charles II and supporters of the Rump Parliament. The wars also involved the Scottish Covenanters and Irish Confederates. The war ended with Parliamentarian victory at the Battle of Worcester on 3 September 1651. Unlike other civil wars in England, which were mainly fought over who should rule, these conflicts were also concerned with how the three Kingdoms of England, Scotland and Ireland should be governed. The outcome was threefold: the trial of and ...
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Putney Debates
The Putney Debates, which took place from 28 October to 8 November 1647, were a series of discussions over the political settlement that should follow Parliament's victory over Charles I in the First English Civil War. The main participants were senior officers of the New Model Army who favoured retaining Charles within the framework of a Constitutional monarchy, and radicals such as the Levellers who sought more sweeping changes, including One man, one vote and Freedom of thought, particularly in religion. Alarmed by what they viewed as the dangerous radicalism and increasing power of the New Model Army, in March 1647 the Presbyterian moderates who dominated the Long Parliament ordered it to disband, a demand which was refused. In June, the army removed Charles from the custody of Parliament and in August established its headquarters at Putney, just outside the City of Westminster in South West London. Its senior officers or "Grandees" hoped the debates would end political divi ...
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Charles I Of England
Charles I (19 November 1600 – 30 January 1649) was King of England, Scotland, and Ireland from 27 March 1625 until Execution of Charles I, his execution in 1649. He was born into the House of Stuart as the second son of King James VI of Scotland, but after his father inherited the English throne in 1603, he moved to England, where he spent much of the rest of his life. He became heir apparent to the kingdoms of England, Scotland, and Ireland in 1612 upon the death of his elder brother, Henry Frederick, Prince of Wales. An unsuccessful and unpopular attempt to marry him to the Spanish Habsburg princess Maria Anna of Spain, Maria Anna culminated in an eight-month visit to Spain in 1623 that demonstrated the futility of the marriage negotiation. Two years later, he married the House of Bourbon, Bourbon princess Henrietta Maria of France. After his 1625 succession, Charles quarrelled with the Parliament of England, English Parliament, which sought to curb his royal prerogati ...
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Petition Of Right 1628
The Petition of Right, passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state, reportedly of equal value to Magna Carta and the Bill of Rights 1689. It was part of a wider conflict between Parliament and the Stuart monarchy that led to the 1638 to 1651 Wars of the Three Kingdoms, ultimately resolved in the 1688 Glorious Revolution. Following a series of disputes with Parliament over granting taxes, in 1627 Charles I imposed "forced loans", and imprisoned those who refused to pay, without trial. This was followed in 1628 by the use of martial law, forcing private citizens to feed, clothe and accommodate soldiers and sailors, which implied the king could deprive any individual of property, or freedom, without justification. It united opposition at all levels of society, particularly those elements the monarchy depended on for financial support, collecting taxes, administering justice etc, since wealth simply ...
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Simon De Montfort's Parliament
Simon de Montfort's Parliament was an English parliament held from 20 January 1265 until mid-March of the same year, called by Simon de Montfort, a baronial rebel leader. Montfort had seized power in England following his victory over Henry III at the Battle of Lewes during the Second Barons' War, but his grip on the country was under threat. To gain more support, he summoned not only the barons and the knights of the shires, as in previous parliaments, but also burgesses from the major towns. They discussed radical reforms and temporarily stabilised Montfort's political situation. Montfort was killed at the Battle of Evesham later that year, but the idea of inviting both knights and burgesses to parliaments became more popular under Henry's son Edward I. By the 14th century, it had become the norm, with the gathering becoming known as the House of Commons. Background In 1258, King Henry III of England faced a revolt among the English barons. Anger had grown about the way t ...
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Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ...
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False Imprisonment
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus. Under common law, false imprisonment is both a crime and a tort. Imprisonment Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such as the use of force, threat, coercion, or abuse of authority. Detention that is not false imprisonment Not all acts of involuntary detention amount to false imprisonment. An accidental detention will not support a claim ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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