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THE ESTABLISHMENT OF THE CONSITUTIONAL MONARCHY - Coggle Diagram

THE ESTABLISHMENT OF THE CONSITUTIONAL MONARCHY

THE ACT OF SETTLEMENT

Clauses

In order to bypass catholic heirs succession would be vested in Protestant house of Hanover after Queen Anne - all furture monarchs to be CofE.

Office holders were not to sit in Parliament

All government matters openly transacted in privy council

Judges should hold office during good behaviour with fixed salaries

Monarchs after Anne's death should not leave country without parliamentary consent

English monarch of foeign descent should not take Engalnd into war for defence of lands not belonging to England

All foreigners excluded from privy council, office, parliament.

ESSAY PLAN

The Succession

Beliefs→committed country to protestant succession - challenged established beliefs in hereditary succession and divine right.

Whig View→Precedent for Lockean social contract theory. Proved by agreement in convention parlaiment in 1689

Divisions→Sharpened between Whigs and Tories encouraged rise of party politics

Revisionist Argument

  - Stuart monarch before and after
  - parlaiment do not have explicit pre-conditions for William and Mary - have successive powers of their predecsor
  - Possibility of the Bed Pan Myth shows the belief in a lack of revolution

Pincus Argument

  - Social contract theory now part of Constitution
  - Events of 1688 show that parliament can remove the monarch
  - Convention parliament refer to James breaking the contract

The Bill of rights

Revisionist Argument

  - Parliament trace back legislative authority to 1414
  - Fiscal authority - have already had that power for over 200 years
  - Some clauses vague and meaningless
  - Only 11 of the 28 proposals passed

Pincus Arguments

  - authority power over the military - asthe acts of 1661/2 state military is under control of the King
  - Written statutory law - revolutionary ideals present
  - Decleration of rightts show that there is change
  - Excessive bail change

The Act of Settlement

Against

  - only first of all clauses last in English law and rest are repealed. 
  - 12 years after the succession - so driven more by the nine years war

For

  - 17 rejected proposals shows link between revolution and this
  - Points could say driven by revolutionary ideals wanting separation of power.