网站首页 | 论文指导 | 经济论文 | 理工论文 | 管理论文 | 法律论文 | 行政论文 | 英语论文
艺术论文 | 农学论文 | 医学论文 | 文史论文 | 教育教学论文 | 论文定制 | 论文发表
论文库分类>>> 点这里访问轻松论文网主站>>>
您当前的位置:轻松论文网 -> 论文中心 -> 法律论文 -> 宪法论文 -> 文章内容 退出登录 用户管理
 子栏目导航
· 民法论文
· 刑法论文
· 诉讼法论文
· 行政法论文
· 国家法
· 宪法论文
· 土地资源环境法论文
· 国际法论文
· 劳动保障论文
· 商法论文
· 经济法论文
· 法史学论文
· 法理学论文
· 司法制度论文
 最新推荐
· 选择与规则(中)-政治哲...
· 中国大陆国际政治理论研...
· 中国大陆国际政治理论研...
· 自由派?自由左派还是自...
· 信息与政策及其制度分析...
· 保守与错位-政治哲学
· 国际安全的基本哲理范式...
· 传统科举制的技术、制度...
· 从主权的双重结构看中国...
· 面向21世纪政治学研究的...
· 全球主义与国家主义(上...
· 非营利组织与民主-政治哲...
 热门文章
· 开题报告的格式(通用...
· 怎样写开题报告
· [图文] 开题报告范文1(银行...
· 开题报告范文2(网上...
· 毕业论文开题报告-A...
· 开题报告范文3(网络...
· 开题报告的撰写方法...
· 开题报告撰写的方法...
· 毕业论文例文评析
· 选题的原则
 相关文章
· 权利法案(美国)(...
 
权利法案(1689)
作者:佚名  来源:不详  发布时间:2007-2-12 16:51:26  发布人:admin

减小字体 增大字体

  国会两院经依法集会于西敏寺宫,为确保英国人民传统之权利与自由而制定本法律。

  1.凡未经国会同意,以国王权威停止法律或停止法律实施之僭越权力。

  2.近来以国王权威擅自废除法律或法律实施之僭越权力,为非法权力。

  3.设立审理宗教事务之钦差法庭之指令,以及一切其他同类指令与法庭,皆为非法而有害

  4.凡未经国会准许,借口国王特权,为国王而征收,或供国王使用而征收金钱,超出国会准许之时限或方式者,皆为非法。

  5.向国王请愿,乃臣民之权利,一切对此项请愿之判罪或控告,皆为非法。

  6.除经国会同意外,平时在本王国内征募或维持常备军,皆属违法。

  7.凡臣民系新教徒者,为防卫起见,得酌量情形,并在法律许可范围内,置备武器。

  8.国会议员之选举应是自由的。

  9.国会内之演说自由、辩论或议事之自由,不应在国会以外之任何法院或任何地方,受到弹劾或讯问。

  10.不应要求过多的保释金,亦不应强课过分之罚款,更不应滥施残酷非常之刑罚。

  11.陪审官应予正式记名列表并陈报之,凡审理叛国犯案件之陪审官应为自由世袭地领有人。

  12.定罪前,特定人的一切让与及对罚金与没收财产所做的一切承诺,皆属非法而无效。

  13.为申雪一切诉冤,并为修正、加强与维护法律起见,国会应时常集会。

  彼等(即灵俗两界贵族与众议员等)并主张、要求与坚持上述各条为彼等无可置疑之权利与自由;凡上开各条中有损人民之任何宣告、判决、行为或诉讼程序,今后断不应据之以为结论或先例。

  BILL OF RIGHTS

  1689

  An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown

  Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.:

  Whereas the late King James the Second, by the assistance of divers evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;

  By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;

  By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power;

  By issuing and causing to be executed a commission under the great seal for erecting a court called the Court of Commissioners for Ecclesiastical Causes;

  By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament;

  By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;

  By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;

  By violating the freedom of election of members to serve in Parliament;

  By prosecutions in the Court of Kings Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses;

  And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders;

  And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;

  And excessive fines have been imposed;

  And illegal and cruel punishments inflicted;

  And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;

  All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;

  And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight [old style date], in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made;

  And thereupon the said Lords Spiritual and Temporal and Commons,pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually

  done) for the vindicating and asserting their ancient rights and liberties declare:

  That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;

  That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;

  That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;

  That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;

  That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;

  That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;

  That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;

  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;

  That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;

  That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;

  That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;

  And that for redress of all grievances, and for the amending,strengthening and preserving of the laws, Parliaments ought to be held frequently.

  And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example; to which demand of their rights they are particularly encouraged by the declaration of his Highness the prince of

  Orange as being the only means for obtaining a full redress and remedy therein.

  Having therefore an entire confidence that his said Highness the prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights which they have here asserted, and from all other attempts upon their religion, rights and liberties, the said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve that William and Mary, prince and princess of Orange, be and be declared king and queen of England, France and Ireland and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them, the said prince and princess, during their lives and the life of the survivor to them, and that the sole and full exercise of the regal power be only in and executed by the said prince of Orange in the names of the said prince and princess during their joint lives, and after their deceases the said crown and royal dignity of the same kingdoms and dominions to be to the heirs of the body of the said princess, and for default of such issue to the Princess Anne of Denmark and the heirs of her body, and for default of such issue to the heirs of the body of the said prince of Orange. And the Lords Spiritual and Temporal and Commons do pray the said prince and princess to accept the same accordingly.

  And that the oaths hereafter mentioned be taken by all persons of whom the oaths have allegiance and supremacy might be required by law,  instead of them; and that the said oaths of allegiance and supremacy be abrogated.

  I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance to their Majesties King William and Queen Mary. So help me God.

  I, A.B., do swear that I do from my heart abhor, detest and abjure as impious and heretical this damnable doctrine and position, that princes excommunicated or deprived by the Pope or any authority of the see of Rome may be deposed or murdered by their subjects or any other whatsoever. And I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. So help me God.

  Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said Lords and Commons contained in the said declaration.

  And thereupon their Majesties were pleased that the said Lords Spiritual and Temporal and Commons, being the two Houses of Parliament, should  continue to sit, and with their Majesties royal concurrence make  effectual provision for the settlement of the religion, laws and liberties of this kingdom, so that the same for the future might not be in danger again of being subverted, to which the said Lords Spiritual and Temporal and Commons did agree, and proceed to act accordingly.

  Now in pursuance of the premises the said Lords Spiritual and Temporal and Commons in Parliament assembled, for the ratifying, confirming and establishing the said declaration and the articles, clauses, matters and things therein contained by the force of law made in due form by authority of Parliament, do pray that it may be declared and enacted that all and singular the rights and liberties asserted and claimed in the said declaration are the true, ancient and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed and taken to be; and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said declaration, and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all time to come.

  And the said Lords Spiritual and Temporal and Commons, seriously considering how it hath pleased Almighty God in his marvellous providence and merciful goodness to this nation to provide and preserve their said Majesties royal persons most happily to reign over us upon the throne of their ancestors, for which they render unto him from the bottom of their hearts their humblest thanks and praises, do truly, firmly, assuredly and in the sincerity of their hearts think, and do hereby recognize, acknowledge and declare, that King James the Second having abdicated the government, and their Majesties having accepted the crown and royal dignity as aforesaid, their said Majesties did become, were, are and of right ought to be by the laws of this realm our sovereign liege lord and lady, king and queen of England, France and Ireland and the dominions thereunto belonging, in and to whose princely persons the royal state, crown and dignity of the said realms with all honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining are most fully, rightfully and entirely invested and incorporated, united and annexed. And for preventing all questions and divisions in this realm by reason of any pretended titles to the crown, and for preserving a certainty in the succession thereof, in and upon which the unity, peace, tranquility and safety of this nation doth under God wholly consist and depend, the said Lords Spiritual and Temporal and Commons do beseech their Majesties that it may be enacted, established and declared, that the crown and regal government of the said kingdoms and dominions, with all and singular the premises thereunto belonging and appertaining, shall be and continue to their said Majesties and the survivor of them during their lives and the life of the survivor of them, and that the entire, perfect and full exercise of the regal power and government be only in and executed by his Majesty in the names of both their Majesties during their joint lives; and after their deceases the said crown and premises shall be and remain to the heirs of the body of her Majesty, and for default of such issue to her Royal Highness the Princess Anne of Denmark and the heirs of the body of his said Majesty; and thereunto the said Lords Spiritual and Temporal and Commons do in the name of all the people aforesaid most humbly and faithfully submit themselves, their heirs and posterities for ever, and do faithfully promise that they will stand to, maintain and defend their said Majesties, and also the limitation and succession of the crown herein specified and contained, to the utmost of their powers with their lives and estates against all persons whatsoever that shall attempt anything to the contrary.

  And whereas it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a popish prince, or by any king or queen marrying a papist, the said Lords Spiritual and Temporal and Commons do further pray that it may be enacted, that all and every person and persons that is, are or shall be reconciled to or shall hold communion with the see or Church of Rome, or shall profess the popish religion, or shall marry a papist, shall be excluded and be for ever incapable to inherit, possess or enjoy the crown and government of this realm and Ireland and the dominions thereunto belonging or any part of the same, or to have, use or exercise any regal power, authority or jurisdiction within the same; and in all and every such case or cases the people of these realms shall be and are hereby absolved of their allegiance; and the said crown and government shall from time to time descend to and be enjoyed by such person or persons being Protestants as should have inherited and enjoyed the same in case the said person or persons so reconciled, holding communion or professing or marrying as aforesaid were naturally dead; and that every king and queen of this realm who at any time hereafter shall come to and succeed in the imperial crown of this kingdom shall on the first day of the meeting of the first Parliament next after his or her coming to the crown, sitting in his or her throne in the House of Peers in the presence of the Lords and Commons therein assembled, or at his or her coronation before such person or persons who shall administer the coronation oath to him or her at the time of his or her taking the said oath (which shall first happen), make, subscribe and audibly repeat the declaration mentioned in the statute made in the thirtieth year of the reign of King Charles the Second entitled, _An Act for the more effectual preserving the kings person and government by disabling papists from sitting in either House of Parliament._ But if it shall happen that such king or queen upon his or her succession to the crown of this realm shall be under the age of twelve years, then every such king or queen shall make, subscribe and audibly repeat the same declaration at his or her coronation or the first day of the meeting of the first Parliament as aforesaid which shall first happen after such king or queen shall have attained the said age of twelve years.

  All which their Majesties are contented and pleased shall be declared, enacted and established by authority of this present Parliament, and shall stand, remain and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the authority of the same, declared, enacted and established accordingly.

  II. And be it further declared and enacted by the authority aforesaid, that from and after this present session of Parliament no dispensation by _non obstante_ of or to any statute or any part thereof shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of Parliament.

  III. Provided that no charter or grant or pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty-nine shall be any ways impeached or invalidated by this Act, but that the same shall be and remain of the same force and effect in law and no other than as if this Act had never been made.

论文指导 开题报告   论文格式   论文撰写   论文答辩   论文答谢   
经济论文 税收论文   证券投资论文   房地产论文   金融论文   投资论文   财政论文   西经论文   国际贸易论文   计量经济论文   国民经济论文   保险信托论文   地方经济   国际经济   新经济学   经济学理论   经济学其他   
理工论文 计算机与信息技术论文   电子通信网络论文   自动化论文   土建水利论文   交通运输论文   化学与化工论文   石油与能源动力论文   机械制造论文   矿业与冶金论文   工程论文   生命环境论文   材料科学与工程   综合论文   
管理论文 电子商务论文   会计论文   财务论文   人力资源论文   市场营销论文   企业管理论文   信息管理论文   旅游管理论文   工商管理论文   公共管理论文   物流管理论文   
法律论文 民法论文   刑法论文   诉讼法论文   行政法论文   国家法   宪法论文   土地资源环境法论文   国际法论文   劳动保障论文   商法论文   经济法论文   法史学论文   法理学论文   司法制度论文   
行政论文 中国政治论文   国际政治论文   管理科学论文   思想政治教育论文   国家行政管理论文   政治理论论文   哲学理论论文   三个代表论文   社工论文   
英语论文 学术英语论文   商务英语论文   科技英语论文   英语教学论文   
艺术论文 艺术理论论文   电视艺术论文   电影艺术论文   音乐论文   舞蹈论文   戏剧论文   美术论文   
农学论文 农艺学(园林,林学)论文   渔业论文   水产论文   植物保护论文   农业基础科学论文   综合论文   
医学论文 医学论文写作方法   基础医学论文   医药卫生论文   临床医学论文   药学论文   特种医学论文   护理学论文   
文史论文 中国史论文   世界史论文   考古论文   文字学论文   语法论文   中国文学论文   世界文学论文   文学理论论文   文艺美学论文   文学评论论文   经典名著赏析论文   新闻传媒学论文   社会学论文   
教育教学论文 语文论文   数学论文   英语论文   物理论文   美术论文   音乐论文   地理论文   化学论文   历史论文   体育论文   思想政治论文   生物自然论文   信息技术论文   德育管理论文   素质教育论文   教学管理论文   综合论文   
[ ] [返回上一页] [打 印] [收 藏]
上一篇文章:人身保护令(1676)
下一篇文章:五月花号公约
∷相关文章评论∷    (评论内容只代表网友观点,与本站立场无关!) [更多评论…]
设为首页 | 加入收藏 | 联系站长 | 友情链接 | 版权申明 |
服务电话:020-61131011;020-61131022 转82 投诉电话:020-61131011;020-61131022 转88 传真:020-61131022
电子邮件:paperease@vip.163.com paper@126.com 服务QQ:130008818 130009919
© 2002-2004 轻松论文网 赣ICP备05004673号 网络实名:轻松论文