Some Constitutional Law Info

link to image

 

INTRODUCTION

 

Constitutional Law, Ancient Rights and Customs cannot be repealed by any Parliament they can only be revoked jointly by the Monarch and the people. The British Constitution is not, as it is in many countries, codified in a single document but is made up of treaties, conventions, declarations sworn and protected by oath and a corpus of common law.

 

The Magna Carta 1215 and the Bill of Rights 1689 are important fundamental elements of our British Constitution which is the basis of law across the United Kingdom (Scotland, Northern Ireland, Wales and England).

 

Constitutional Documents

 

1. The Rule of Law vs Rule by Law 2. Coronation Oath & Coronation Oath Act (1688) incl Westminster Debate on Persecution of Christians 08APR25
3. Magna Carta 1215 & Reissues 4. Declaration of Rights 1688 & Bill of Rights 1689
5. Act of Settlement 1701 6. British Constitution
6. British Constitution 7.Other Constitutional Rights
8. Accountability in Public Office Provisions of Oxford (1258)
Confirmatio Cartarum (1297) Petition of Right (1628)
Habeas Corpus Act (1679) Bill of Rights (1689)
Acts of Union (1707) Parliament Acts (1911, 1949)
Constitutional Reform Act (2005) Human Rights Act (1998)
Representation of the People Acts European Communities Act (1972) Liberty of Subject (1354), officially known as the statute 28
Supreme Constitution (pdf) Layman's Guide (pdf)
Constitutional Law and Human Rights (pdf) Article 39 (pdf)
Article 61 Right of Battle and Right of War (pdf) 8. Trial by Jury Rule of Law (pdf)
S26 Criminal Justice & Courts Act (2015) S51 Criminal Justice and Public Order Act (1994)

   

 

1.THE RULE OF LAW vs RULE BY LAW

 

Lord Bingham summarises the principal of the Rule of Law:

“If anyone - you or I - is to be penalised it must not be for breaking some rule dreamt you by an ingenious minister or official in order to convict us. It must be for a proven breach of the established law of the land” (PDF)

The "Rule of Law" And "Rule by law"

“Some theorists draw a distinction between the Rule of Law and what they call rule by law (see e.g., Tamanaha 2004: 3). They celebrate the one and disparage the other. The Rule of Law is supposed to lift law above politics. The idea is that the law should stand above every powerful person and agency in the land. Rule by law, in contrast, connotes the instrumental use of law as a tool of political power. It means that the state uses law to control its citizens but tries never to allow law to be used to control the state. Rule by law is associated with the debasement of legality by authoritarian regimes, in modern China for example.“

Civil and Criminal cases should be dealt with without influence of government or official bodies.

 

Parliamentary Oath 

"Be Ye Never So High, The Law is Above You!”

 

“If ever the law of God and man are at variance, the former are to be obeyed in derogation of the latter.” - Maxim of Law (PDF)

If any government act or legislation is different, divergent, or inconsistent, to gods laws, gods law is to be obeyed in exempt of governments “laws”.

 

Lord Wilberforce, speaking in the house of Lords in 1997 said:

"Perhaps I may remind noble Lords of what our essential civil rights, as guaranteed by common law, are: the presumption of innocence; the right to a fair hearing; no man to be obliged to testify against himself; the rule against double jeopardy; no retrospective legislation; no legislation to be given an effect contrary to international law - an old principle that has been there for years; freedom of expression; and freedom of association .. firmly secured already by the common law of this country, and not intended to be superseded or modified by new inter-state obligations...”

In past times, words and their meaning had value and were fully respected. Sir Robert Howard, a member of the Convention Parliament, and of the drafting Committee for the Bill of Rights, wrote:

"The people have always had the same title to their liberties and properties that England's kings have had unto their crowns. The several charters of the people's rights, most particularly the Magna Carta were not grants from the King, but recognitions by the King of rights that have been reserved or that appertained unto us by common law and immemorial custom."

In other words, any attempt to reduce the rights, freedoms and liberties enshrined in the constitution would be ultra vires.

 

The case of Chester v Bateson, 1920, held that "common law is not immune from development or improvement." It does not talk about "limitations" or "destruction".

 

Applying the principle of Pepper v. Hart (1992), the interpretation of statutes by reference to the debates in parliament during the passage of the bill), the following statements during the passage of European enabling legislation are relevant:

"The house as a whole may therefore be reassured that there is no question of this bill (The European Communities Bill 1972) making a thousand years of British law subservient to the Code Napoleon". Mr. Geoffrey Rippon, Chancellor of the Duchy of Lancaster. Hangars, 15th Feb 1972.

 

"Our sovereignty cannot be bartered away by the Solicitor General, or even by the Prime Minister, because it is not theirs to give. I speak not only of the sovereignty of this house, but also of the higher sovereignty of the British people". Mr Alfred Morris M.P Hansard, 17 Feb 1972

Judgement in the Witham case of 1997 included the observation:

"The common law does not generally speak in the language of constitutional rights, for the good reason that, in the absence of a sovereign text, a written constitution which is logically and legally prior to the power of the legislature, executive amd judiciary alike, there is on the face of it no hierarchy of rights such as that any one of them is more entrenched by law than any other... at a time when common law continues to accord a legislative supremacy to parliament."

Which brings us back finally to the meaning of words, respect for their meaning, and acceptance of the force, obligations and commitments they carry. The Alice in Wonderland language - "words mean what I want them to mean" - adopted increasingly by the executive in modern times is at the very heart of the UK's current political skepticism, as government blithely ignore almost anything that is inconvenient to them, prefer political correctness to substance, and spin-doctor their way around every obstacle.

 

If the words used in the Witham judgement have any meaning, legal or otherwise, the logic of the case we have argued in this document is overwhelming. Whether those in or close to the executive, the legislature or the judiciary will recognise the force of our case sufficiently to find the courage to lend support is altogether something else

 

[NB This part and others were written by the Magna Carta Society on invoking Article 61 Magna Carta 1215. So this last sentence is referring to the question will they find support from the house of Lords to back it, as to invoke Clause 61 there needs to be a quorum (25) of barons. They did find the support they were looking for!!!!] (PDF) Telegraph Feb 2001 Peers use Magna Carta to Oppose EU Charter (Certified copy)

 

 

2. THE CORONATION OATH 

 

The Coronation oath: 'This is no empty display. It is the foundation stone of our system of government' (PDF)

 

The oath has three parts:;

  1. to govern in compliance with the laws and customs of the people
  2. to govern justly, and
  3. to uphold Protestant Christianity and the rights of the Church of England, reflecting the monarch's role as Supreme Governor of the Church of England. (PDF)

The full text of the Coronation Oath of King Charles III 06 May 2023 (PDF) (Liturgy incl Oath 06MAY23)

"The Right Reverend Dr Iain Greenshields, Moderator of the General Assembly of the Church of Scotland, receives the Bible from the Dean of Westminster and presents it to The King, saying

Sir, to keep you ever mindful of the law and the Gospel of God as the Rule for the whole life and government of Christian Princes, receive this Book, the most valuable thing that this world affords. Here is Wisdom; this is the royal Law; these are the lively Oracles of God.The Moderator receives the Bible and places it before The King. The King stands and the Archbishop says:Our Majesty, the Church established by law, whose settlement you will swear to maintain, is committed to the true profession of the Gospel, and, in so doing, will seek to foster an environment in which people of all faiths and beliefs may live freely. The Coronation Oath has stood for centuries and is enshrined in law. Are you willing to take the Oath?

 

The King replies I am willing.The King places his hand on the Bible, and the Archbishop administers the Oath

 

Will you solemnly promise and swear to govern the Peoples of the United Kingdom of Great Britain and Northern Ireland, your other Realms and the Territories to any of them belonging or pertaining, according to their respective laws and customs?

 

The King replies I solemnly promise so to do.

 

The Archbishop says Will you to your power cause Law and Justice, in Mercy, to be executed in all your judgements?

 

The King replies I will. The King kneels at the Chair of Estate.

 

The Archbishop says 

Will you to the utmost of your power maintain the Laws of God and the true profession of the Gospel?

Will you to the utmost of your power maintain in the United Kingdom the Protestant Reformed Religion established by law?

Will you maintain and preserve inviolably the settlement of the Church of England, and the doctrine, worship, discipline, and government thereof, as by law established in England? 

And will you preserve unto the Bishops and Clergy of England, and to the Churches there committed to their charge, all such rights and privileges as by law do or shall appertain to them or any of them?

 

The King replies All this I promise to do.The King places his hand on the Bible and says The things which I have here before promised, I will perform and keep. So help me God. The King kisses the Bible.

 

The Archbishop says Your Majesty, are you willing to make, subscribe, and declare to the statutory Accession Declaration Oath?

 

The King replies I am willing.I Charles do solemnly and sincerely in the presence of God profess, testify, and declare that I am a faithful Protestant, and that I will, according to the true intent of the enactments which secure the Protestant succession to the Throne, uphold and maintain the said enactments to the best of my powers according to law.

 

The King signs copies of the Oaths, presented by the Lord Chamberlain, whilst the choir sings Prevent us, O Lord, in all our doings with thy most gracious favour, and further us with thy continual help; that in all our works begun, continued, and ended in thee, we may glorify thy holy name, and finally by thy mercy obtain everlasting life; through Jesus Christ our Lord. Amen.

 

William Byrd (c 1540–1623) The Book of Common Prayer 1549

 

The King kneels before the Altar and says [The King's Prayer] God of compassion and mercy whose Son was sent not to be served but to serve, give grace that I may find in thy service perfect freedom and in that freedom knowledge of thy truth. Grant that I may be a blessing to all thy children, of every faith and belief, that together we may discover the ways of gentleness and be led into the paths of peace; through Jesus Christ our Lord. Amen.

 

The King returns to the Chair of Estate and sits.

Queen's Coronation Oath 1953 (Image) 

Transcription: Elizabeth R "I solemnly promise and swear to govern the Peoples of the United Kingdom of Great Britain and Northern Ireland, Canada, Australia, New Zealand and the Union of South Africa, Pakistan and Ceylon, and of my Possessions and the other Territories to any of them belonging or pertaining, according to their respective laws and customs. I will to my power cause Law and Justice, in Mercy, to be executed in all my judgements. I will to the utmost of my power maintain the Laws of God and the true profession of the Gospel. I will to the utmost of my power maintain in the United Kingdom the Protestant Reformed Religion established by law. And I will maintain and preserve inviolably the settlement of the Church of England, and the doctrine, worship, discipline, and government thereof, as by law established in England. And I will preserve unto the Bishops and Clergy of England, and to the Churches there committed to their charge, all such rights and privileges as by law do or shall appertain to them or any of them. The things which I have here before promised, I will perform and keep. So help me God."

Westminster Debate on Persecution of Christians 08APR25

You can invite your MP to the World Watch List parliamentary launch on Wednesday 14 January 2026, where they’ll hear testimonies of persecution and recommendations on how to respond - with a simple submission form to your MP (PDF) 

 

3. MAGNA CARTA 1215

 

The Magna Carta 1215 is still in FULL force, not in part but in its entirety by virtue of four fundamental rights: (PDF)

  1. It is outside of the jurisdiction of Parliament as it was a treaty and great charter written and sealed prior to parliaments inception.
  2. The text of this treaty was between the people and the crown and was for perpetuity.
  3. Her Majesty the Queen swore an oath to uphold our ancient laws and customs on 2nd June 1953 at her coronation. This oath further substantiates the original Magna Carta of 1215. It is there to protect subjects of this realm from Tyranny.
  4. Betty Boothroyd as Leader of the House of Commons in 1993 (HC Deb 21 July 1993 vol 229 cc351-3) stated “There has of course been no amendment to The Bill of Rights 1689 . . . the House is entitled to expect that The Bill of Rights will be fully respected by all those appearing before the courts.” (PDF)

The 1215 Magna Carta consists of 63 ‘clauses’ covering law, liberty and the church.[Ref.2] It is a matter of immense importance in relation to the current demise of our Democracy that the 1215 Magna Carta is respected and upheld as lawful relevance within our current UK basis of Law.

 

Clause 1 of the Magna Carta 1215 clearly states “We {Monarch} have also granted to all freemen of our kingdom, for us and our heirs forever, all of the underwritten liberties, to be had and held by them and their heirs, of us and our heirs forever”.

 

Clause 61 of the 1215 Magna Carta is of particular relevance because it appertains to the right of ‘Petition the Monarch/Lawful Rebellion’[Ref.3]. Clause 61 fundamentally states “that is to say, if we, or our Judiciary, or our bailiffs, or any of our officers, shall have injured any one in any thing, or shall have violated any article of the peace or security, and the injury shall have been shown to four of the aforesaid twenty-five Barons, the said four Barons shall come to us, or to our Judiciary if we be out of the kingdom, and making known to us the excess committed, petition that we cause that excess to be redressed without delay, all those of our land, who, of themselves, and of their own accord, are unwilling to swear to the twenty-five Barons, to distress and harass us together with them, we will compel them by our command, to swear as aforesaid”. This is the fundamental to ‘Petitioning the Monarch/Lawful Rebellion’ Telegraph Feb 2001 Peers use Magna Carta to Oppose EU Charter (Certified copy)

  • Article 61 Made Simple (PDF) An Official Declaration of Lawful Rebellion - A committee of 25 Barons petitioned the Queen to invoke article 61 of the Magna Carta 1215 on March 23rd, 2001 in protest of the treasonous act of the then Prime Minister, Tony Blair in signing the Treaty of Nice". (Certified copy)

In order to be in full lawful rebellion, the people of this realm must have exhausted all lawful means of redress before mass disobedience and armed rebellion becomes lawful under OUR Constitution:

  • Parliament: The people have voted to leave the European Union (our entry was unlawful under our constitution). Parliament are abusing the democratic vote through the lack of political unity and truthful commitment to deliver a total withdrawal from the European Union. Parliament is betraying the Constitution and perjuring their oaths of office.
  • Judiciary: Judicial review of the European Communities Act has been denied by Judiciary and as such they are perjuring their oaths of office to the Monarch, Instead they align with a Tyrannous Parliament.
  • The Monarch was petitioned in 2001 under the terms of Magna Carta 1215 Article 61 (The UK Supreme Court in 2001 dismissed it on the grounds that they deemed it as a ‘Freedom of Information Request’ outside their remit), again in Oct 2017 a petitioner was unlawfully arrested and prosecuted against their rights granted under The Magna Carta Article 61, Declaration of Rights 1688 and The Bill of Rights 1689 when enacting their rights to petition the Monarch .

The Magna Carta 1215 Project

  • Govt state on Magna Carta 1217,  "Only four of the 63 clauses in Magna Carta are still valid today. This is incorrect as explaned in the introduction above.
  • Clause 1 (part) "We have first of all granted to God, and by this our present charter confirmed, for ourselves and our heirs in perpetuity, that the English Church is to be free, and to have its full rights and its liberties intact, and we wish this to be observed accordingly, as may appear from our having of our true and unconstrained volition, before discord arose between us and our barons, granted, and by our charter confirmed, the freedom of elections which is deemed to be the English Church’s very greatest want, and obtained its confirmation by the lord pope Innocent III; which we will ourselves observe and wish to be observed by our heirs in good faith in perpetuity. And we have also granted to all the free men of our kingdom, for ourselves and our heirs in perpetuity, all the following liberties, for them and their heirs to have and to hold of us and our heirs"
  • Clause 13 "And the city of London is to have all its ancient liberties and free customs, both on land and water. Moreover we wish and grant that all other cities, boroughs, towns and ports are to have all their liberties and free customs.
  • Clause 39 "No free man is to be arrested, or imprisoned, or disseised, or outlawed, or exiled, or in any other way ruined, nor will we go against him or send against him, except by the lawful judgment of his peers or by the law of the land"
  • Clause 40 We will not sell, or deny, or delay right or justice to anyone.

 

4. DECLARATION AND BILL OF RIGHTS

 

Declaration of Rights 1688 (PDF)

 

The Declaration of Rights 1688 is a lawful contract. This contract was drawn up after article 61 of the Great Charter had been invoked to seek redress from the illegal tyranny of the Monarch against the people of the realm.

Bill of Rights 1689

 

The Bill of Rights 1689 was made a ‘statute’ by Parliament as a result of the Declaration of Rights 1688 and is a lawful contract between the People, the Monarch, the Parliament and the Judiciary, created to enact as a Constitutional Law the rights set out in both Magna Carta and The Declaration of rights, crucial to these Rights are the Oaths of Office by the Monarch that protect the people of this realm and their Constitutional rights from Tyranny. The Oath of the Monarch is to ensure that our constitution is upheld and not allowed to be reneged or revoked. 

 

The following section of the Bill of Rights 1689 is taken from [Ref.5] and states the following: “And I doe declare That noe Forreigne Prince Person Prelate, State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authoritie Ecclesiasticall or Spirituall within this Realme Soe helpe me God.” In other words, the British may not be ruled in any way, shape or form by any foreign entity. So, it can clearly be seen that the European Communities Act (ECA) 1973 and every EU treaty imposed upon us by Parliament ever since are unconstitutional. This is evidence that our present Monarch (the Queen) has broken her Coronation Oath, by giving Royal Assent to the ECA and to all the EU Treaties ever since.

  • Govt info, "The Bill of Rights 1689 is an iron gall ink manuscript on parchment. It is an original Act of the English Parliament and has been in the custody of Parliament since its creation. The Bill firmly established the principles of frequent parliaments, free elections and freedom of speech within Parliament – known today as Parliamentary Privilege. It also includes no right of taxation without Parliament's agreement, freedom from government interference, the right of petition and just treatment of people by courts. The main principles of the Bill of Rights are still in force today - particularly being cited in legal cases – and was used as a model for the US Bill of Rights 1789. Its influence can also be seen in other documents establishing the rights of humans, such as the United Nations Declaration of Human Rights and the European Convention on Human Rights." (Govt info PDF)

 

5. ACT OF SETTLEMENT

 

Act of Settlement 1701

 

"The Act of Settlement was passed in 1701, reinforcing the Bill of Rights agreed by William and Mary in 1689. The main aim of this legislation was to ensure a Protestant succession to the English throne." (PDF)

  • Govt Info " The Act of Settlement was passed in 1701, reinforcing the Bill of Rights agreed by William and Mary in 1689. The main aim of this legislation was to ensure a Protestant succession to the English throne. In 1707, as a result of the Act of Union, this Act was extended to Scotland. As a result of the Act of Settlement, George I, whose mother Sophia, Electress of Hanover, would have succeeded Queen Anne had she not died only a few weeks before her, inherited the throne, despite there being over 50 Catholic claimants. Other clauses within the Act included a declaration that judges could only be removed by Parliament." (PDF)

 

 

6. BRITISH CONSTITUTION

 

The British Constitution is the foundation of law in many countries across the world as a basis for Democratic Government, which includes the current Commonwealth countries [comprising of 52 countries, across all continents. The Commonwealth countries have a combined population of 2.3 billion people, almost a third of the world population], along with 4 ex Commonwealth countries and also the Unites States of America whom decided to ‘adopt’ the English Constitution into their Constitution in 1787 and into their Bill of Rights in 1789.

 

The term ‘British Constitution’ relates to the formation of laws across the centuries, initially devised during the reign of King Alfred in England 871-899 (also referred to as Alfred the Great) whom established a code of laws and a reformed coinage across his realm. In the reign of King John 1199-1216, as a result of military conflict with Barons of the land, a subsequent peace treaty was formed and the Magna Carta (Great Charter) was compiled with King John appending his seal of approval at Runnymede in 1215. [Ref.1]

 

 

7. OTHER CONSTITUTIONAL RIGHTS

 

Other constitutional rights given by these contracts –

  • The right to petition the Sovereign
  • Free men cannot be imprisoned without cause
  • The Government cannot arrest any man because he disagrees with the Government’s policies
  • Habeas corpus is not to be denied (innocent until proven guilty, and your right to report unlawful detention to a court)
  • No person will be compelled to make loans to the King, and there will be no tax without the approval of Parliament
  • Soldiers and sailors will not be billeted on civilians
  • Government will not impose martial law during peacetime.
  • The right to bear arms
    • The right to bear arms gives every person the right to self defence using reasonable force, including deadly force if appropriate. Using tragic events as an excuse to remove that right has historically been the work of governments with good reason to fear their people – governments intent on some kind of future totalitarian control of their populations.

 

The "Liberty of Subject" (1354), officially known as the statute 28 Edward III, c. 3, is a landmark piece of English legislation that reinforced the principle of due process of law. It stipulated that no person could be condemned, disinherited, imprisoned, or put to death without being brought to answer by due process of law. This act is considered a significant development in the protection of individual liberties and is seen as a continuation of the principles established in the Magna Carta.

 

Context: The statute was enacted in the 28th year of King Edward III's reign, and it builds upon the foundational rights outlined in the Magna Carta.

 

Key Provisions: The core of the 1354 statute is the guarantee that individuals are not to be punished or have their rights violated without due legal process. It explicitly states that no one shall be condemned without due process of law.

 

Due Process: The concept of due process, as articulated in this statute, means that the state must follow fair procedures and established legal standards when dealing with individuals. This includes ensuring that individuals have the opportunity to defend themselves, present evidence, and have their case heard by a court of law.

 

Impact: The Liberty of Subject (1354) is a crucial step in the historical development of legal protections for individuals in England. It helped to solidify the principle that the state's power is not absolute and is subject to legal limitations. This concept of due process has had a lasting influence on legal systems around the world, including in the United States.

 

Modern Relevance: While the original text of the statute is in archaic English, it has been modernized and is still referenced in legal contexts.

 

 

8. Trial by Jury

 

 

Commons Parliament TV Debates on Thursday 18 December 2025