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IdentificationUntil modern times, the history of many European countries was characterised by constant fights between first the Crown and the nobility, and subsequently with the church and the middle classes as powerful groups in society. When the Estates had the opportunity, they put pressure on kings to recognise, in writing, existing rights or freedoms or to grant new power of co-decision. Two of the most important of these documents are the English Magna Carta (1215) and Bill of Rights (1689).
The Magna Carta (which is Latin for “Great Charter”) is a blanket term for a number of documents on which John Lackland, King of England (ruled 1199-1216) reached agreement with the English barons, and which were subsequently realised in a number of coronation charters and specific rules. Since 1066, the English kings had been among the most powerful in Europe, and King John also wanted to control the church. This and the fact that he lost several wars and raised and introduced new taxes led to a number of revolts against a king who was perceived as tyrannical. The nobility wanted a king who was strong enough to guarantee peace and property, but who was at the same time not too powerful: He must be subject to and bound by the law. In summer 1215 they staged a rebellion and on 15 June, under the pressure of the situation, the king signed the Magna Carta with far-reaching concessions. In the document the king promised among other things that the church would be independent of the Government; that the citizens would have legal protection in connection with lawsuits and only their equals could pass judgment on them; that the Crown’s officials could not function as judges in lawsuits; that property could not be seized at random; and that only the courts could enforce the punishment of convicted persons. The Magna Carta is also the origin of one of the most central concepts in a modern liberal-democratic society based on the rule of law, namely “habeas corpus”, which means that imprisoned citizens enjoy certain legal rights. It means, in practice, protection against unlimited imprisonment without conviction, as a person in prison has the right to appear before a judge, and the authorities must justify the imprisonment on the basis of the law. The Magna Carta contains nothing about democracy in the modern sense of the word, but the document contributed to laying the foundations for the English Parliament, which is a direct offshoot of the so-called Grand Council, which was established. It consisted of 25 barons who were to advise the king, but who in particular circumstances could break the oath of allegiance they had sworn to the king. The Council could convene at any time and veto the king’s decisions, among other things by seizing his property if necessary. Rådet kunne mødes på ethvert tidspunkt og nedlægge veto over for kongens beslutninger blandt andet ved om nødvendigt at beslaglægge hans besiddelser. In 1689, the English Parliament declared that King James II (ruled 1685-1689) had violated the Magna CartaCarta, thus forfeiting his right to the throne. The so-called Glorious Revolution took place because it was feared that the king intended to introduce absolutism: He had endeavoured to fill Parliament with his own supporters and had arbitrarily granted exemptions to legislation passed by Parliament. The next step – prior to offering the crown to somebody else – was to summarise what demands a future monarch would have to respect. The result was the English Bill of Rights. Den blev den On 13 February 1689, it was presented to William of Orange (1650-1702) and Mary Stuart (1662-1694). In addition to being married, they were the nephew and daughter respectively of the dethroned king, and they had been instrumental in the revolution against him in 1688. Out of gratitude, Parliament offered them the crown jointly and the Bill of Rights subsequently became law. In the Bill of Rights Parliament lists a number of fundamental freedoms which the executive power must not violate. For example, the king must not set up his own court of law or act as a judge himself; he must not levy new taxes without the consent of Parliament; citizens must not be subjected to “cruel and unusual” punishments; and all fines and forfeitures before any conviction and judgement must be illegal and void. From a democratic point of view, the most important thing was that the executive power must not interfere in elections to Parliament, that laws passed by Parliament must not be suspended, and that Parliament must be convened at regular intervals. This put an end to almost an entire century of constant tensions between Parliament and the royal power and established a relatively stable balance of power between the parties. “No free man shall be seized or imprisoned, or
stripped of his rights or possessions, or outlawed or
exiled, or deprived of his standing in any other way,
nor will we proceed with force against him, or send
others to do so, except by the lawful judgement of his
equals or by the law of the land.” “[We declare], That the pretended power of
suspending the laws or the execution of laws by regal
authority without consent of Parliament is illegal.
(…) That levying money for or to the use of the
Crown by pretence of prerogative, without grant of
Parliament (… ) is illegal. (…) That election of
members of Parliament ought to be free. That 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.”
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This page is part of the electronic publication "The Danish Democracy Canon"