Revolutionary breach of legal continuity
Encyclopedia
Revolutionary breach of legal continuity is a concept in English constitutional law
, which rationalises the historic English behaviour when one King
(or regime) was deposed and a de facto ruler was recognised as the new de jure monarch (or republican authority). More generally it is any process, unauthorised by an existing legal order, which results in the creation of a new legal order; whether or not the revolutionary change is brought about by violence.
The most recent successful revolutionary breach in England
and Wales
, Scotland
and Northern Ireland
, was the Glorious Revolution
of 1688-1689 which replaced King James II of England
and Ireland (King James VII of Scotland) with the joint sovereignty of his son-in-law King William III of England
(King William II of Scotland) and daughter Queen Mary II of England
(and Scotland).
The United States Declaration of Independence
is another example, as it had no basis in the previous legal order which had governed the thirteen colonies and represented the start of a new legal order.
There was an attempted revolutionary breach in the whole of Ireland in 1919, when the First Dáil
, a gathering of persons elected to the United Kingdom House of Commons in 1918, declared an Irish Republic (without any authority to do so within the terms of the United Kingdom legal order). The subsequent Anglo-Irish Treaty
and steps taken under it gave the Irish Free State
legitimacy within the United Kingdom legal order but de-legitimised it for those who regarded the applicable legal order to be that proclaimed in 1919.
When the present constitution of Ireland was adopted the amending formula of the Irish Free State constitution was not used, so the new constitution would represent a revolutionary breach and derive its legitimacy from purely Irish sources.
Similar steps were taken so the Indian people became the source of legitimacy for the republican constitution of India
. The republican constitution replaced the one authorised by the United Kingdom
at the time of independence, but did not comply with its provisions for amendments.
Revolutionary breach of legal continuity has also been applied to regime change following a military coup in Commonwealth of Nations
members such as Pakistan
and Nigeria
.
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, which rationalises the historic English behaviour when one King
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
(or regime) was deposed and a de facto ruler was recognised as the new de jure monarch (or republican authority). More generally it is any process, unauthorised by an existing legal order, which results in the creation of a new legal order; whether or not the revolutionary change is brought about by violence.
The most recent successful revolutionary breach in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
, Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, was the Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
of 1688-1689 which replaced King James II of England
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
and Ireland (King James VII of Scotland) with the joint sovereignty of his son-in-law King William III of England
William III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
(King William II of Scotland) and daughter Queen Mary II of England
Mary II of England
Mary II was joint Sovereign of England, Scotland, and Ireland with her husband and first cousin, William III and II, from 1689 until her death. William and Mary, both Protestants, became king and queen regnant, respectively, following the Glorious Revolution, which resulted in the deposition of...
(and Scotland).
The United States Declaration of Independence
United States Declaration of Independence
The Declaration of Independence was a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain regarded themselves as independent states, and no longer a part of the British Empire. John Adams put forth a...
is another example, as it had no basis in the previous legal order which had governed the thirteen colonies and represented the start of a new legal order.
There was an attempted revolutionary breach in the whole of Ireland in 1919, when the First Dáil
First Dáil
The First Dáil was Dáil Éireann as it convened from 1919–1921. In 1919 candidates who had been elected in the Westminster elections of 1918 refused to recognise the Parliament of the United Kingdom and instead assembled as a unicameral, revolutionary parliament called "Dáil Éireann"...
, a gathering of persons elected to the United Kingdom House of Commons in 1918, declared an Irish Republic (without any authority to do so within the terms of the United Kingdom legal order). The subsequent Anglo-Irish Treaty
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
and steps taken under it gave the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
legitimacy within the United Kingdom legal order but de-legitimised it for those who regarded the applicable legal order to be that proclaimed in 1919.
When the present constitution of Ireland was adopted the amending formula of the Irish Free State constitution was not used, so the new constitution would represent a revolutionary breach and derive its legitimacy from purely Irish sources.
Similar steps were taken so the Indian people became the source of legitimacy for the republican constitution of India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
. The republican constitution replaced the one authorised by the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
at the time of independence, but did not comply with its provisions for amendments.
Revolutionary breach of legal continuity has also been applied to regime change following a military coup in Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
members such as Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
and Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
.