United Kingdom of Great Britain and Northern Ireland- Nature of the ‘Union’

United Kingdom

The composite nature of the United Kingdom created by the union of the Crowns of England, Scotland, and Ireland, presents interesting points of comparison and contrast with the form of a federal union of the USA or unitary union of India. The United Kingdom is ruled by a single sovereign Parliament; but the identity of the component parts is by no means wholly lost, as will appear from a brief reference to the Acts of Union.  In this regard, we can also go through the preamble of the CONSTITUTION OF SWITZERLAND.

In the name of Almighty God. The Swiss Confederation, desiring to confirm the alliance of the Confederates, to maintain and to promote the unity, strength and honour of the Swiss nation . . . The purpose of the Confederation is to secure the independence of the country against foreign nations, to maintain peace and order within, to protect the liberty and the rights of the Confederates and to foster their common welfare. (Preamble and Art. 2, 29th May, 1874.)

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Rose Muirhead v. James Muirhead of Bradisholm-House of Lords-16/12/1708

United Kingdom

It is a rule of the law of Scotland, that the mind and intention of the grantor at the time of making a deed are principally to be considered. The disposition in question was merely gratuitous, and for no antecedent onerous cause.

IN THE HOUSE OF LORDS

Rose Muirhead, the Widow of James Muirhead the younger of Bradisholm, deceased VS James Muirhead of Bradisholm

(1709) Robertson 4

APPEAL FROM SCOTLAND-Case 2.

Rose Muirhead, the Widow of James Muirhead the younger, of Bradisholm, deceased, Appellant

v.

James Muirhead of Bradisholm, Respondent

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East India Company v. Autrobus-House of Lords 14/12/1812

United Kingdom

East India Company v. Autrobus

Respondent was entitled only to such less sums than 2 s. 9 d. in the pound as had been accustomed to be paid; or, at least, that an issue ought to be directed to try the question as to such customary payments: that where the last rents of houses formerly standing on the site of the present buildings were known, but no customary payments proved, the tithe ought to be calculated according to the last known rent, and not upon the improved value; and that, where no last rents were known, no tithe ought to be paid.

IN THE HOUSE OF LORDS

Session, 1812–13. 53 Geo. III.

(1812) 1 Dow 464

East India Company (Appellants)

v.

Autrobus (Respondent)

FROM : SCOTLAND , ENGLAND.

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Constitution of England: Montesquieu

In perusing the admirable treatise of Tacitus on the manners of the Germans, we find it is from that nation the English have borrowed the idea of their political government. This beautiful system was invented first in the woods.

Of the Constitution of England

IN every government there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations; and the executive in regard to matters that depend on the civil law.

By virtue of the first, the prince or magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted. By the second, he makes peace or war, sends or receives embassies, establishes the public security, and provides against invasions. By the third, he punishes criminals, or determines the disputes that arise between individuals. The latter we shall call the judiciary power, and the other, simply, the executive power of the state.

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Royal Marriages Act 1772

United Kingdom

Most Gracious Sovereign,

I. Whereas your Majesty, from your paternal affection to your own family, and from your royal concern for the future welfare of your people, and the honour and dignity of your crown, was graciously pleased to recommend to your parliament to take into serious consideration, whether it might not be wise and expedient to supply the defect of the laws now in being; and, by some new provision, more effectually to guard the descendants of His late majesty King George the Second, (other than the issue of princesses who have married, or may hereafter marry, into foreign families) from marrying without the approbation of your Majesty, your heirs, or successors, first had and obtained; we have taken this weighty matter into our serious consideration;

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Nineteen Propositions 1642

United Kingdom

Parliament of England

Your Majesty’s most humble and faithful subjects, the Lords and Commons in Parliament, having nothing in their thoughts and desires more precious and of higher esteem (next to the honour and immediate service of God) than the just and faithful performance of their duty to your Majesty and this kingdom: and being very sensible of the great distractions and distempers, and of the imminent dangers and calamities which those distractions and distempers are like to bring upon your Majesty and your subjects; all which have proceeded from the subtile insinuations, mischievous practices and evil counsels of men disaffected to God’s true religion, your Majesty’s honour and safety, and the pablic peace and prosperity of your people, after a serious observation of the causes of those mischiefs, do in all humility and sincerity present to your Majesty their most dutiful petition and advice, that out of your princely wisdom for the establishing your own honour and safety, and gracious tenderness of the welfare and security of your subjects and dominions, you will be pleased to grant and accept these their humble desires and propositions, as the most necessary effectual means, through God’s blessing, of removing those jealousies and differences which have unhappily fallen betwixt you and your people, and procuring both your Majesty and them a constant course of honour, peace, and happiness.

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Act of Settlement 1701

United Kingdom

The Act of Settlement 1701

12 & 13 William III, c. 2 (England)

An Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject

[Assented to 1701.]

Recital of Bill of Rights 1689, Section 2, and that the late Queen and Duke of Gloucester are dead; and that His Majesty had recommended from the Throne a further Provision for the Succession of the Crown in the Protestant Line. The Princess Sophia, Electress and Duchess Dowager of Hanover, Daughter of the late Queen of Bohemia, Daughter of King James the First, to inherit after the King and the Princess Anne, in Default of Issue of the said Princess and His Majesty, respectively and the Heirs of her Body, being Protestants.

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Demise of the Crown Act 1702

Demise of the Crown Act 1702 (1702)

1702 CHAPTER 2 1 Ann

An Act for explaining a Clause in an Act made at the Parliament begun and holden at Westminster the Two and twentieth of November in the Seventh Year of the Reign of our Sovereign Lord King William the Third intituled An Act for the better Security of His Majesties Royal Person and Government

Recital of Stat.7 & 8 W.III. c. 27. § 20.

Whereas by an Act of Parliament made at the Parliament begun and holden at Westminster the Two and twentieth Day of November in the Seventh Year of the Reign of His late Majesty King William the Third intituled An Act for the better Security of His Majesties Royal Person and Government. It was among other Things enacted That no Commission either Civil or Military should cease determine or be void by reason of the Death or Demise of His said Majesty or of any of His Heirs or Successors Kings or Queens of this Realm but that every such Commission should be continue and remain in full force and vertue for the space of Six Months next after any such Death or Demise unless in the mean time superseded determined or made void by the next and immediate Successor to whom the Imperial Crown of this Realm according to the Act of Settlement in the same recited Act mentioned is limited and appointed to go remain or descend And forasmuch as some Doubt may be concieved concerning the extent of that Clause therefore for the avoiding of any Dispute or Question that may arise concerning the Construction thereof.

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Preserving Court Records in the UK

United Kingdom

Court records under Public Records Act 1958

(1)The Lord Chancellor shall be responsible for the public records of every court of record or magistrates’ court which are not in the Public Record Office or a place of deposit appointed by the Secretary of State under this Act and shall have power to determine in the case of any such records other than records of the Supreme Court, the officer in whose custody they are for the time being to be:

(1A)Records of the Supreme Court for which the Lord Chancellor is responsible under subsection (1) shall be in the custody of the chief executive of that court.

(2)The power of the President of the Probate Division of the High Court under section one hundred and seventy of the M1Supreme Court of Judicature (Consolidation) Act 1925, to direct where the wills and other documents mentioned in that section are to be deposited and preserved (exercisable with the consent of the Lord Chancellor) shall be transferred to the Lord Chancellor.

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